Attorney or Party Name, Address, Telephone & FAX Numbers, and California State Bar Number FOR COURT USE ONLY Attorney for UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In re: CHAPTER _________ CASE NUMBER Debtor. (No Hearing Required) NOTICE OF MOTION AND MOTION TO AVOID LIEN UNDER 11 U.S.C. § 522(f) (PERSONAL PROPERTY) (Creditor Name: _____________________________________) (Insert Name of Creditor holding Lien to be Avoided) 1. TO THE CREDITOR, CREDITOR'S ATTORNEY AND OTHER INTERESTED PARTIES: 2. NOTICE IS HEREBY GIVEN that the Debtor hereby moves this Court for an Order, without a hearing, avoiding a lien on the grounds set forth below. 3. Deadline for Opposition Papers: Pursuant to Local Bankruptcy Rule 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 fifteen (15) days of the date of service of this Notice, the Court may treat such failure as a waiver of your right to oppose this Motion and may grant the requested relief. 4. Type of Case: a. A Voluntary Petition under Chapter 7 11 12 b. An Involuntary Petition under Chapter 7 11 was filed on: An Order of Relief under Chapter 7 11 was entered on: c. An Order of Conversion to Chapter 7 11 d. Other: 12 13 was filed on: 13 was entered on: 5. Procedural Status: a. Name of Trustee Appointed (if any): b. Name of Attorney of Record for Trustee (if any): (Continued on next page) This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F 9013-1.7 American LegalNet, Inc. www.FormsWorkflow.com F 9013-1.7 Motion to Avoid Lien (Real Property) - Page 2 In re CHAPTER: Debtor(s). CASE NO.: 6. Debtor claims an exemption in the subject personal property under: California Code of Civil Procedure § _____ (Homestead): Exemption amount claimed on Schedules: $________ a. California Code of Civil Procedure § _____ Exemption amount claimed on Schedules: $_______________ b. Other Statute (specify): c. Other Statute (specify): d. 7. Debtor's entitlement to an exemption is impaired by a non-judicial lien, the details of which are as follows: a. On (specify date): ________________________, Debtor obtained a consumer loan from Respondent in the principal amount of (specify amount): $ b. As security for said loan, Debtor gave Respondent a security interest in certain personal property in Debtor's possession. c. The loan was neither obtained nor used for the purpose of buying the personal property described in Paragraph (b) above. d. The current balance due on the loan is (specify amount): $ 8. On Schedule C, Debtor claimed an exemption in said personal property. 9. Debtor 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) 10. Debtor attaches the following documents in support of the motion (as appropriate): Schedule C listing all exemptions claimed by Debtor(s) a. Loan agreement b. Security agreement c. Declaration of Fair Market Value d. Other (specify): e. Other (specify): f. Other (specify): g. 11. Total number of attached pages of supporting documentation: _______ 12. Debtor declares under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this motion was executed on the following date at _____________________________, California. WHEREFORE, Debtor 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. Dated: ______________________________________________ Debtor's Signature Dated: ______________________________________________ Law Firm Name By: ___________________________________________ Name: _______________________________________ 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. January 2009 F 9013-1.7 American LegalNet, Inc. www.FormsWorkflow.com F 9013-1.7 Motion to Avoid Lien (Real Property) - Page 3 In re CHAPTER: Debtor(s). CASE NO.: NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in Category I. Proposed orders do not generate an NEF because only orders that have been entered are placed on a CM/ECF docket. 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 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 indicated below: I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) - Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (“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 addressed indicated below: G Service information continued on attached page II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL (indicate 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 follow. 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. (IMPORTANT NOTE: Compliance with F.R.B.P. 7004(b)(3) and California Code of Civil Procedures, Section 416.10 is required for service upon corporations. Service must be made upon an officer or other agent of the corporation authorized to accept service to process.) G Service information continued on attached page III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate 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 mailing to the judge will be completed no later than 24 hours after the document is filed. G Service information continued on attached page I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. _________________________________________________________ Date Type Name _____________________________________ Signature This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F 9013-1.7 American LegalNet, Inc. www.FormsWorkflow.com F 9013-1.7 Motion to Avoid Lien (Real Property) - Page 4 In re CHAPTER: Debtor(s). CASE NO.: ADDITIONAL SERVICE INFORMATION (if needed): This form is optional. It has been approved for use by the United States Bankruptcy Court for the Central District of California. January 2009 F 9013-1.7 American LegalNet, Inc. www.FormsWorkflow.com