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: **Select Chapter** NOTICE OF MOTION AND MOTION TO AVOID LIEN UNDER 11 U.S.C. § 522(f) (PERSONAL PROPERTY) [No hearing required unless requested under LBR 9013-1(o)] Debtor(s). Creditor Name: ________________________________________ TO THE CREDITOR, CREDITOR'S ATTORNEY AND OTHER INTERESTED PARTIES: 1. NOTICE IS HEREBY GIVEN that the Debtor(s) hereby moves this court for an order, without a hearing, avoiding a lien on the personal property (Personal Property) described herein on the grounds set forth below. 2. Deadline for Opposition Papers: Pursuant to LBR 9013-1(o), any party objecting to Debtor's motion may file and serve a written objection and request a hearing on this motion. If you fail to file a written response within 14 days of the date of service of this notice, plus 3 additional days if you were served by mail, electronically, or pursuant to F.R.Civ.P. 5(b)(2)(D), (E), or (F), the court may treat such failure as a waiver of your right to oppose this motion and may grant the requested relief. 3. Type of case: A voluntary petition under chapter a. b. An involuntary petition under chapter An order for relief under chapter c. An order of conversion to chapter d. Other: _____________________________ 7 7 7 7 11 12 13 was filed on: ______________ 11 was filed on: _______________ 11 was entered on: _____________ 11 12 13 was filed on: ______________ This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 1 F 4003-2.2.MOTION.PP 4. Procedural Status: a. Name of trustee appointed (if any): _________________________________ b. Name of attorney of record for trustee (if any): ______________________________ 5. Debtor claims an exemption in the subject real property under: a. California Code of Civil Procedure § $ ______________ b. California Code of Civil Procedure § c. $ ________________ d. Other statute (specify): ___________________ e. Other statute (specify): ___________________ (homestead) exemption amount claimed on schedules: exemption amount claimed on schedules: 6. Debtor's entitlement to an exemption is impaired by a nonjudicial lien, the details of which are as follows: a. On (specify date): __________ Debtor(s) obtained a consumer loan from respondent in the principal amount of (specify amount): $ _____________ b. As security for said loan, Debtor(s) gave respondent a security interest in the Personal Property in Debtor's possession. c. The loan was neither obtained nor used for the purpose of buying the Personal Property. d. The current balance due on the loan is (specify amount): $ _________________ 7. On Schedule C, Debtor(s) claimed an exemption in said personal property. 8. Debtor(s) alleges that the fair market value of each individual item of the Personal Property claimed exempt is set forth in a declaration attached hereto. (Attach Debtor's declaration to this motion) 9. Debtor(s) attaches the following documents in support of the motion (as appropriate): _________________________ a. b. c. d. e. f. g. Schedule C listing all exemptions claimed by Debtor(s) Loan agreement Security agreement Declaration of fair market value Other (specify): __________________ Other (specify): _________________ Other (specify): _________________ Total number of attached pages of supporting documentation: ____ 10. Debtor(s) declares under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this motion was executed on the following date at _________________________, California. This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 2 F 4003-2.2.MOTION.PP WHEREFORE, Debtor(s) prays that this court issue an order (a copy of the form of which is submitted herewith and has been served) avoiding the subject lien. Date: _________________ By: Signature of Debtor Name: Type name of Debtor Date: __________________ By: Signature of attorney for Debtor Name: Type name of attorney for Debtor This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2011 Page 3 F 4003-2.2.MOTION.PP 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 NOTICE OF MOTION AND MOTION TO AVOID LIEN UNDER 11 U.S.C. § 522(f) (PERSONAL PROPERTY) 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): On _____________________, I served the following person(s) and/or entity(ies) at the last known address(es) in this 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 in the United States Bankruptcy Court for the Central District of California. June 2011 Page 4 F 4003-2.2.MOTION.PP