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Order On Motion To Avoid Lien Under 11 USC 522(f) (Personal Property) Form. This is a California form and can be use in USBC Central Federal.
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Tags: Order On Motion To Avoid Lien Under 11 USC 522(f) (Personal Property), F 9013-1.8, California Federal, USBC Central
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)
ORDER ON MOTION TO AVOID LIEN
UNDER 11 U.S.C. § 522(f) (PERSONAL PROPERTY)
(Creditor Name: _____________________________________)
(Insert Name of Creditor holding Lien to be Avoided)
Pursuant to 11 U.S.C. § 522(f) and Local Bankruptcy Rule 9013-1(o), Debtor(s) moved to avoid liens on personal property claimed
to be exempt. THE COURT FINDS AND ORDERS AS FOLLOWS:
1. Notice of this motion complied with Local Bankruptcy Rule 9013-1(o).
2. Hearing Information:
a.
No hearing is required: Debtor has filed a declaration (F 9013-1.9) stating that no opposition was timely received.
b.
A timely objection was received and a hearing was held as follows:
(1) Date:
(5) The matter was
(2)Time:
Contested
(3) Courtroom:
Uncontested
(6)
Attorney for Lienholder present in Court (Name):
(9)
Not Prosecuted
Attorney for Debtor present in Court (Name):
(8)
Settled by Stipulation
Debtor present in Court (Name):
(7)
(4) Judge:
Other parties present as reflected in the Court record:
(This Order is 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 9013-1.8
American LegalNet, Inc.
www.FormsWorkflow.com
F 9013-1.8
Order on Motion to Avoid Lien (Real Property) - Page 2
In re
CHAPTER:
Debtor(s).
3.
CASE NO.:
Motion granted:
a.
The liens sought to be avoided are non-purchase money security interests in personal property
b.
The personal property collateral is exempt under:
(1)
California Code of Civil Procedure
§ ____________
(Household Goods)
(2)
California Code of Civil Procedure
§ ____________
(Jewelry)
(3)
California Code of Civil Procedure
§ ____________
(Musical Instruments)
(4)
California Code of Civil Procedure
§ ____________
(Tools of Trade)
(5)
California Code of Civil Procedure
§ ____________
(Specify: _________________________)
(6)
Other statute (specify):
Motion denied on the following grounds:
4.
With Prejudice
Without Prejudice
a.
Insufficient notice
b.
Failure to comply with F.R.B.P. 7004(b)(3) and Calif. Code of Civil Procedure, § 416.10 for corporations
c.
Insufficient evidence of the exempt status of the property in question
d.
Other (specify):
5.
The Court further orders as follows (specify):
See Attached Page
Dated:
________________________________________________
JUDGE OF THE UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
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 9013-1.8
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion to Avoid Lien (Real Property) - Page 3
In re
F 9013-1.8
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.
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 9013-1.8
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion to Avoid Lien (Real Property) - Page 4
In re
F 9013-1.8
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 9013-1.8
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion to Avoid Lien (Real Property) - Page 5
In re
F 9013-1.8
CHAPTER:
Debtor(s).
CASE NO.:
NOTE TO USERS OF THIS FORM:
1) Attach this form to the last page of a proposed Order or Judgment. Do not file as a separate document.
2) The title of the judgment or order and all service information must be filled in by the party lodging the order.
3) Category I. below: The United States trustee and case trustee (if any) will always be in this category.
4) Category II. below: List ONLY addresses for debtor (and attorney), movant (or attorney) and person/entity (or attorney)
who filed an opposition to the requested relief. DO NOT list an address if person/entity is listed in category I.
NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled (specify)
was entered on the date indicated as ”Entered” on
the first page of this judgment or order and will be served in the manner indicated below:
I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) - Pursuant to controlling General Order(s) and Local
Bankruptcy Rule(s), the foregoing document was served on the following person(s) by the court via NEF and hyperlink to the
judgment or order. As of
, the following person(s) are currently on the Electronic Mail Notice List
for this bankruptcy case or adversary proceeding to receive NEF transmission at the email address(es) indicated below.
9
Service information continued on attached page
II. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or order was sent by United
States Mail, first class, postage prepaid, to the following person(s) and/or entity(ies) at the address(es) indicated below:
9
Service information continued on attached page
III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which bears
an “Entered” stamp, the party lodging the judgment or order will serve a complete copy bearing an “Entered” stamp by U.S. Mail,
overnight mail, facsimile transmission or email and file a proof of service of the entered order on the following person(s) and/or
entity(ies) at the address(es), facsimile transmission number(s), and/or email address(es) indicated below:
9
Service information continued on attached 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 9013-1.8
American LegalNet, Inc.
www.FormsWorkflow.com
Order on Motion to Avoid Lien (Real Property) - Page 6
In re
F 9013-1.8
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 9013-1.8
American LegalNet, Inc.
www.FormsWorkflow.com
