223Bankruptcy Code224 and 22311 U.S.C.224 refer to the United States Bankruptcy Code, Title 11 of the United States Code. 223FRBP224 refers to the Federal Rules of Bankruptcy Procedure. 223LBR224 and 223LBRs224 refer to the Local Bankruptcy Rule(s) of this court. This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2017 Page 1 F 4003-2.1.AVOID.LIEN.RP.MOTION Attorney or Party Name, Address, Telephone & FAX Numbers, State Bar Number & Email Address FOR COURT USE ONLY Debtor appearing without attorney Attorney for Debtor UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - DIVISION In re: CASE NUMBER: CHAPTER: DEBTOR222S NOTICE OF MOTION AND MOTION TO AVOID LIEN UNDER 11 U.S.C. 247 522(f) (REAL PROPERTY) Debtor(s).[No hearing required unless requested under LBR 9013-1(o)] Creditor Name: TO THE CREDITOR, ATTORNEY FOR CREDITOR AND OTHER INTERESTED PARTIES: 1.NOTICE IS HEREBY GIVEN that Debtor moves this court for an order, pursuant to LBR 9013-1(o) upon notice ofopportunity to request a hearing (i.e., without a hearing unless requested), avoiding a lien on the grounds set forthbelow.2.Deadline for Opposition Papers:Pursuant to LBR 9013-1(o), any party opposing the motion may file and serve a written opposition and request ahearing on this motion. If you fail to file a written response within 14 days of the date of service of this notice of motionand motion, plus an additional 3 days unless this notice of motion and motion was served by personal delivery orposting as described in Federal Rules of Civil Procedure 5(b)(2)(A)-(B), the court may treat such failure as a waiver ofyour right to oppose this motion and may grant the requested relief. This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2017 Page 2 F 4003-2.1.AVOID.LIEN.RP.MOTION 3.Type of Case: a. A v oluntary p etition under C hapter 7 11 12 13 was filed on: b. An i nvoluntary p etition under C hapter An order of relief under Chapter 7 7 11 was filed on: 11 was entered on: c. An o rder of c onversion to C hapter 7 11 12 13 was enter ed on: d. Other: 4.Procedural Status: a. Name of Trustee appointed (if any): b. Name of Attorney for Trustee (if any): 5.Debtor claims an exemption in the subject real property under: a. California Code of Civil Procedure 247 (Homestead): Exemption amount claimed on schedules: $ b. California Code of Civil Procedure 247 Exemption amount claimed on schedules: $ c. Other statute (specify): 6.Debtor's entitlement to an exemption is impaired by a judicial lien, the details of the lien are as follows:a.Date of entry of judgment (specify): b.Case name (specify): c.Name of court: d.Docket number (specify): e.Date (specify): and place (specify) of recordation of lien f.Recorder's instrument number (specify): 7.The property claimed to be exempt is as follows:a.Street address, city, county and state, where located, (specify): b. Legal d escription ( specify ): See attached page 8.Debtor acquired the property claimed as exempt on the following date (specify): 9.Debtor alleges that the fair market value of the property claimed exempt is: $ 10.The subject property is encumbered with the following liens (list mortgages and other liens in order of priority and placean "X" as to the lien to be avoided by this motion): Name of Lienholder 223X224 Date Lien Recorded Original Lien Amount Current Lien Amount Date of Current Lien $ $ $ $ $ $ $ $ This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2017 Page 3 F 4003-2.1.AVOID.LIEN.RP.MOTION 11.Debtor attaches copies of the following documents in support of the motion (as appropriate): a. Schedule C to bankruptcy petition listing all exemptions claimed by Debtor b. Appraisal of the property c. Documents showing current balance due as to the liens specified in paragraph 11 above d. Recorded Abstract of Judgment e. Recorded Declaration of Homestead (Homestead Exemption) f. Declaration(s) g. Other (specify): 12.Total number of attached pages of supporting documentation: 13.Debtor declares under penalty of perjury under the laws of the United States of America that the foregoing is true andcorrect [28 U.S.C. 247 1746(1) and (2)]. WHEREFORE, Debtor requests that this court issue an order avoiding Creditor's lien in the form of the Attachment to this motion. Executed on (date): Signature of Debtor Printed name of Debtor Date: Signature of Attorney for Debtor Printed 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. December 2017 Page 4 F 4003-2.1.AVOID.LIEN.RP.MOTION ATTACHMENT TO MOTION/ORDER (11 U.S.C. 247 522(f): AVOIDANCE OF REAL PROPERTY JUDICIAL LIENS) This court makes the following findings of fact and conclusions of law: 1.Creditor Lienholder/Servicer: . 2.Subject Lien: Date and place of recordation of lien (specify): Recorder's instrument number or document recording number: .3.Collateral: Street address, city, county and state, where located, legal description and/or map/book/page number,including county of recording:. See attached page. 4.Secured Claim Amounta. Value of Collateral: 205205205205205205205205205205205205205205205205205205205205205205205205205205205205205 $ b.Amounts of Senior Liens (reducing equity in the property to which the subject lien can attach):(1) First lien: 205205205205205205205205205205205205205205205.205205205. ($) (2) Second lien: 205205205205205205205205205205205205205205205205205 ($) (3) Third lien: 205205205205205205205205205205205205205205205205205205 ($) (4) Additional senior liens (attach list): 205205205.205205205.. ($) c. Amount of Debtor222s exemption(s): 205205205205205205205205205205205205. ($) d. Subtotal: 205205205205205205205205205205205205205205205205205205205205205205205205205205205205205205205205205. ($) e.Secured Claim Amount (negative results should be listed as -$0-): $ Unless otherwise ordered, any allowed claim in excess of this Secured Claim Amount is to be treated as a nonpriority unsecured claim and is to be paid pro rata with all other nonpriority unsecured claims (in Chapter 13 cases, Class 5A of the Plan). 5.Lien avoidance: Debtor222s request to avoid the Subject Lien is granted as follows. The fixing of the Subject Lienimpairs an exemption to which Debtor would otherwise be entitled under 11 U.S.C. 247 522(b). The Subject Lien is nota judicial lien that secures a debt of a kind that is specified in 11 U.S.C. 247 523(a)(5) (domestic support obligations).The Subject Lien is void and unenforceable except to the extent of the Secured Claim Amount, if any, listed inparagraph 4.e. above. See attached page(s) for more liens/provisions. This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2017 Page 5 F 4003-2.1.AVOID.LIEN.RP.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 entitled: DEBTOR222S NOTICE OF MOTION AND MOTION TO AVOID LIEN UNDER 11 U.S.C. 247 522(f) (REAL 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 Orders and LBR, the foregoing document will be served by the court via NEF and hyperlink to the document. On (date) , I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to receive NEF transmission at the email addresses stated below: Service information continued on attached page 2.SERVED BY UNITED STATES MAIL : On (date) , I served the following persons and/or entities at the last known addresses in this bankruptcy case or adversary proceeding by placing a