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L.B.R. 4003-2. Lien Avoidance

(a)  Motions to Avoid Judicial Liens Under 11 U.S.C. § 522(f).  A motion to avoid judicial liens under 11 U.S.C. § 522(f) must include the following:

(1)  Identification of the lien creditor.  The caption, title of pleading, or introductory paragraph must clearly identify the affected lien creditor.  It is not sufficient to only attach a copy of a transcript of judgment, without also identifying the affected creditor in the body of the pleadings;

(2)  Specific grounds for relief under 11 U.S.C. § 522(f) (e.g., whether the lien impairs the debtor’s exemption, the purported value of the property, the amount of the various liens filed against the property, whether the debtor claimed a homestead exemption on Schedule C); and

(3)  Evidence that a lien was actually recorded against the homestead (e.g., specific recording information and/or a copy of the transcript of judgment).

(b)  Notice.  The motion must be accompanied by a notice in substantial conformity with L.B.F. 9013-1.1 and must provide at least 14 days from the date of service for the filing of an objection.

(c)   Certificate of Service.  The motion must be accompanied by a certificate of service showing service on the affected lien creditor of both the notice and motion.  Service must comply with the requirements of Fed. R. Bankr. P. 7004 and 9014.

(d)  Proposed Order.  The motion must be accompanied by a proposed order.  The proposed order must contain an adequate description of the property and must not purport to do anything more than declare the lien avoided.  The proposed order should not place an affirmative duty on the lien creditor to file documents to remove the lien from the chain of title.