B-4003-2 Avoid Lien (rev 120116) UNITED STATES BANKRUPTCY COURT Southern District of Indiana In re: [Name of Debtor(s)], Debtor (s). ) ) ) ) Case No. (xx-xxxxx) MOTION TO AVOID (JUDICIAL) LIEN (ON HOUSEHOLD GOODS) AND NOTICE OF OBJECTION DEADLINE The debtor(s) hereby move(s) the Court, pursuant to 11 U.S.C. 522(f), to avoid the lien of (name of creditor) on the following (real/personal) property: [Describe real property by both the common address and legal description or describe personal property by referring to the definition of "household goods" in 11 U.S.C. §522(f)(4)] - referred to as the "Property." In support of the motion, the debtor(s) state(s) the following: 1. The debtor(s) filed this case on (date) - referred to as the "Petition Date." The creditor obtained a lien on the household goods listed above on (date debt was incurred that lien secures). The above lien is a non-possessory, non-purchase money security interest. -orThe creditor obtained a judgment which is a lien on the real property described above. That judgment was obtained pre-petition on (date) in (Court and case number). The value of the Property as of the Petition Date is (value). The other mortgages and/or lien(s) on the Property is/are as follows: [list creditor(s) and lien amount(s)]. The lien(s) debtor will be seeking to avoid by separately filed motion(s) is/are as follows: [list creditor(s) and lien amount(s)]. 2. 3. 4. 5. 1 American LegalNet, Inc. www.FormsWorkFlow.com B-4003-2 Avoid Lien (rev 120116) 6. The amount of the exemption to which the debtor(s) would be entitled but for the lien is (amount). The creditor's lien is in the approximate amount of (amount). (If applicable) The specific household goods subject to the lien are: [provide list of items from 11 U.S.C. §522(f)(4)]. The Property has been claimed as exempt. The lien impairs an exemption of the debtor(s) and is subject to avoidance under 11 U.S.C. §522(f). 7. 8. 9. NOTICE: Your rights may be affected. You should read these papers carefully and discuss them with your attorney, if you have one in this bankruptcy case. If you do not have an attorney, you may wish to consult one. If you do not want the court to enter an order avoiding the (judicial) lien (on household goods), or if you want the court to consider your views on the motion, then on or before [date] (21 days from the date of service), you or your attorney must file with the court a written objection explaining your position. Those not permitted to file electronically must deliver any objection by U.S. mail, courier, overnight/express mail, or in person at: (select the appropriate address) Indianapolis 116 U.S. Courthouse 46 East Ohio Street Indianapolis, IN 46204 Evansville and Terre Haute 352 Federal Bldg. 101 N.W. M.L. King Jr. Blvd. Evansville, IN 47708 New Albany 110 U.S. Courthouse 121 West Spring Street New Albany, IN 47150 If you mail your objection to the court, you must mail it early enough so the court will receive it on or before the date stated above. You must also send a copy of your objection to: (movant's attorney's name and address) (names and addresses of others to be served) 2 American LegalNet, Inc. www.FormsWorkFlow.com B-4003-2 Avoid Lien (rev 120116) If you or your attorney do not take these steps, the court may decide that you do not oppose an order avoiding the (judicial) lien (on household goods), and may enter an order granting that relief. WHEREFORE, debtor(s) move(s) the Court to enter an order avoiding creditor's (judicial) lien (on household goods) and granting such other relief as appropriate. /s/ Counsel for Debtor(s) Counsel for Debtor(s) (required signature block) CERTIFICATE OF SERVICE (Certificates of Service forms are available on the Court's website under Rules & Forms > Local Forms > Motions & Related Notices/Certificates of Service/Orders) 3 American LegalNet, Inc. www.FormsWorkFlow.com