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Debtors Motion To Avoid Junior Lien On Principal Residence Form. This is a California form and can be use in USBC Central Federal.
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Tags: Debtors Motion To Avoid Junior Lien On Principal Residence, F 4003-2.4.MOTION, California Federal, USBC Central
Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & Email
Address
FOR COURT USE ONLY
Attorney for Debtor(s)
Debtor(s) appearing without an attorney
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA – **SELECT DIVISION**
In re:
DIVISION
CASE NO.:
CHAPTER: 13
DEBTOR’S NOTICE OF MOTION AND
MOTION TO AVOID JUNIOR LIEN ON
PRINCIPAL RESIDENCE
[11 U.S.C. § 506(d)]
Debtor(s).
DATE:
TIME:
COURTROOM:
FLOOR:
1. TO: ________________________________________________________________________________________
2. NOTICE IS HEREBY GIVEN that on the above date and time and in the indicated courtroom, Movant in the abovecaptioned matter will move this court for an Order granting the relief set forth in the Motion and accompanying
supporting documents served and filed herewith.
3. Hearing Location:
255 East Temple Street, Los Angeles
21041 Burbank Boulevard, Woodland Hills
3420 Twelfth Street, Riverside
411 West Fourth Street, Santa Ana
1415 State Street, Santa Barbara
4. Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you
have one. (If you do not have an attorney, you may wish to consult one.)
5. Deadline for Opposition Papers: This Motion is being heard on regular notice pursuant to LBR 9013-1. If you wish
to oppose this Motion, you must file a written response with the court and serve a copy of it upon the Movant or
Movant’s attorney at the address set forth above no less than 14 days prior to the above hearing date. If you fail to file
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
June 2011
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F 4003-2.4.MOTION
a written response to this Motion within such time period, the court may treat such failure as a waiver of your right to
oppose the Motion and may grant the requested relief.
6. Hearing Date Obtained Pursuant to Judge's Self-Calendaring Procedure: The undersigned hereby verifies that
the above hearing date and time were available for this type of Motion according the judge's self-calendaring
procedures.
Date:
Printed name of law firm (if applicable)
Printed Name of Individual Debtor
or Attorney for Debtor
Signature of Individual Debtor
or Attorney for Debtor
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
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F 4003-2.4.MOTION
MOTION TO AVOID JUNIOR LIEN ON PRINCIPAL RESIDENCE [11 U.S.C. § 506(d)]
(DEBTOR:_____________________________________________)
NAME OF CREDITOR HOLDING JUNIOR LIEN (Respondent): __________________________________
________________________________________________________________________________________
1. Property at Issue: Debtor moves to avoid the junior deed of trust, mortgage or other encumbrance (Lien)
encumbering the following real property (Property), which is the principal residence of debtor.
Street address:
Unit number:
City, state, zip code:
Legal description of Property or document recording number (including county of recording):
See attached page for legal description of Property or document recording number.
2. Case History:
7
a. A voluntary petition under chapter
.
date):
11
12
13 was filed on (specify petition
An Order of Conversion to chapter 13 was entered on (specify date):
b.
.
3. Grounds for Avoidance of Junior Lien:
, the Property is subject to the following liens in the amounts
a. As of (date of title review)
specified securing the debt against the Property that the debtor seeks to have treated as indicated:
(1) (Name of holder of 1st lien)
of $
in the amount
.
in the amount
(2) (Name of holder of 2nd lien)
of $
is
is not to be avoided;
(3) (Name of holder of 3rd lien)
of $
is
is not to be avoided;
in the amount
See attached page for additional lien(s).
, Property is worth no more than (value per
As of (date of valuation/appraisal)
valuation/appraisal) $
.
b. As a result, each Respondent’s Lien encumbering the Property is wholly unsecured.
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
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F 4003-2.4.MOTION
c.
Evidence in Support of Motion:
(1)
(2)
(3)
The amount of the lien identified in paragraph 3(a)(1) is based on (type of evidence)
, attached hereto and identified as Exhibit
.
The amount of the lien identified in paragraph 3(a)(2) is based on (type of evidence)
, attached hereto and identified as Exhibit
.
The amount of the lien identified in paragraph 3(a)(3) is based on (type of evidence)
, attached hereto and identified as Exhibit
.
(4)
The relative priority of the liens encumbering the Property is established by evidence attached as
.
Exhibit
(5)
The value of the Property from paragraph 3(b) is based on (type of evidence)
, attached as Exhibit
.
(6)
Debtor submits the attached Declaration(s).
(7)
Other evidence (specify/identify supplemental evidence):
, attached as Exhibit
.
d. WHEREFORE, Debtor prays that this Court issue an Order granting this Motion and establishing
that:
.
(1) The Property is valued at no more than (requested value) $
(2) No payments are to be made on the secured claim of the Respondent, and regular mortgage maintenance
completion of the chapter 13 plan, or
receipt of a
payments are not to be made, before the Debtor’s
chapter 13 discharge.
(3) Respondent’s(s’) claim on the junior position lien(s) shall be allowed as a nonpriority general unsecured
claim(s) in the amount per filed Proof of Claim.
(4) The avoidance of the Respondent’s(s’) junior lien(s) is contingent upon: Debtor’s
receipt of a chapter 13 discharge.
chapter 13 plan, or
completion of the
(5) The Respondents shall retain its/their lien(s) in the junior position for the full amount due under the
corresponding note and lien in the event of either the dismissal of the Debtor's chapter 13 case, the
conversion of the Debtor's chapter 13 case to any other chapter under the United States Bankruptcy Code, or
completion of the chapter 13 plan or
receipt of
if the Property is sold or refinanced prior to the Debtor’s
a chapter 13 discharge.
(6) In the event that the holder of the first position lien or any senior lien on the Property forecloses on its interest
and extinguishes the Respondent’s(s’) lien rights prior to the Debtor's completion of the chapter 13 plan and
receipt of a chapter 13 discharge, the Respondent’s(s’) lien(s) shall attach to the proceeds greater than
necessary to pay the senior lien, if any, from the foreclosure sale, subject to the priority of any such junior
lien(s).
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
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F 4003-2.4.MOTION
e.
See attached continuation page for additional provisions.
Respectfully submitted,
Date:
By:
Signature of Debtor or Attorney for Debtor
Name:
Printed Name of Debtor or Attorney for Debtor
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
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F 4003-2.4.MOTION
PROOF OF SERVICE OF DOCUMENT
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business address is:
A true and correct copy of the foregoing document described as DEBTOR’S NOTICE OF MOTION AND MOTION TO
AVOID JUNIOR LIEN ON PRINCIPAL RESIDENCE [11 U.S.C. § 506(d)] AND
will be served or was served (a) on the judge in chambers in the form and manner required by LBR 5005-2(d); and (b) in
the manner stated below:
1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to controlling General
Order(s) and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On
, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and
determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email
address(es) stated below:
Service information continued on attached page
2. SERVED BY UNITED STATES MAIL OR OVERNIGHT MAIL (state method for each person or entity served):
, I served the following person(s) and/or entity(ies) at the last known address(es) in this
On
bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in the United
States mail, first class, postage prepaid, and/or with an overnight mail service addressed as follows. Listing the judge here
constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the document is filed.
Service information continued on attached page
3. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (state method for each person or
entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on
, I served the following
person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service method), by
facsimile transmission and/or email as follows. Listing the judge here constitutes a declaration that personal delivery on
the judge will be completed no later than 24 hours after the document is filed.
Service information continued on attached page
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
Date:
Signature:
Printed Name:
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
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F 4003-2.4.MOTION
2. SERVED BY UNITED STATES MAIL, CERTIFIED MAIL OR OVERNIGHT MAIL (indicate method for each person or
entity served):
(Attached page to Proof of Service of Document-please include any additional or alternative addresses and attach additional pages
if needed)
(Certified Mail required for service on a national bank.)
1st lienholder (name and address)
Delivery Method
Address from:
Proof of claim
FDIC website
1st lienholder (name) and Agent for
Service of Process (name and address)
Address from:
2nd lienholder (name and address)
Address from:
Proof of claim
FDIC website
Proof of claim
FDIC website
Proof of claim
FDIC website
2nd lienholder (name) and Agent for
Service of Process (name and address)
2nd lienholder (name) and Servicing
Agent (name and address)
Secretary of State
Other (specify):
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
Delivery Method
Secretary of State
Other (specify):
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
Delivery Method
Address from:
Proof of claim
FDIC website
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
Delivery Method
Secretary of State
Other (specify):
Address from:
Proof of claim
FDIC website
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
Delivery Method
Address from:
1st lienholder (name) and Servicing
Agent (name and address)
Secretary of State
Other (specify):
Secretary of State
Other (specify):
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
Delivery Method
Secretary of State
Other (specify):
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
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F 4003-2.4.MOTION
3rd lienholder (name and address)
Address from:
Proof of claim
FDIC website
Delivery Method
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
3rdd lienholder (name) and Agent for
Service of Process (name and address)
Address from:
Proof of claim
FDIC website
Delivery Method
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
3rd lienholder (name) and Servicing
Agent (name and address)
Address from:
Proof of claim
FDIC website
Delivery Method
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
Alternative/additional address
(name and address)
Address from:
Alternative/additional address
(name and address)
Address from:
Proof of claim
FDIC website
Proof of claim
FDIC website
Delivery Method
Secretary of State
Other (specify):
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
Delivery Method
Secretary of State
Other (specify):
United States mail
Certified mail – Tracking #
Overnight mail – Tracking #
Carrier Name:
This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California.
June 2011
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F 4003-2.4.MOTION