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Certification Of No Response Form. This is a Missouri form and can be use in Bankruptcy Court Federal.
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Tags: Certification Of No Response, Missouri Federal, Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MISSOURI
In re:
Name of Debtor(s),
Movant/Debtor.
vs.
Name of Creditor,
Serve:
Name of Person to be Served
Respondent/Creditor.
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Case No.
Chapter ___
EXAMPLE – (sample dollar values
shown to illustrate partial lien avoidance
calculation)
CERTIFICATION OF NO RESPONSE
The undersigned certifies that he/she served all parties in accordance with the
applicable Bankruptcy Rules; that at least 14 days have passed since service of
Debtor's Motion to Avoid Judicial Lien; and that he/she has received no response in
opposition to this Motion to Avoid Judicial Lien, or that any opposition has been
resolved.
Dated: _____________
____________________________
Attorney Name, Fed. & State Bar #
Attorney for Movant/Debtor
Address
City, State, Zip Code
Phone:
Fax:
e-mail
ORDER AVOIDING JUDICIAL LIEN ON REAL ESTATE
This matter is before the Court on the above-referenced Debtor's Motion to Avoid
Judicial Lien on Real Estate. No response has been filed by the creditor [name of
creditor] or any response has been resolved as stated below. The Court makes the
following findings:
1. On or about [date], [name of creditor] obtained a judgment against the Debtor and
obtained a lien against the Debtor’s real property located at [address of property].
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The judgment is entered of record in [style of case, case number], in [court name,
division and location]. The amount of the judgment is $ [dollar amount] plus court
costs and attorneys’ fees, which constitutes the amount of the lien.
2. The fair market value of the real estate owned by Debtor and subject to the judicial
lien is $ [dollar amount].
3. The Debtor claims an exemption in the subject property in the amount of $ [dollar
amount].
4. At the time Debtor filed this bankruptcy petition, this real estate was subject to
consensual mortgage lien(s) and other liens in the amount of $ [dollar amount].
5. At the time Debtor filed this bankruptcy petition, the Creditor's judicial lien secured
an indebtedness in the amount of $ [dollar amount]
The Court makes the following conclusions of law:
6. Pursuant to 11 U.S.C. Sec. 522(f), Debtor is entitled to avoid the Creditor's judicial
lien to the extent it impairs the Debtor's exemption(s).
7. The Creditor’s judicial lien impairs the Debtor's exemption to the extent that the sum
of the lien, all other liens on the real estate, and the amount of the Debtor's
exemption exceeds the value that the Debtor's interest in the property would have in
the absence of any liens. The applicable formula as set forth in Kolich v. Antioch
Laurel Veterinary Hospital Inc. (In re Kolich), 273 B.R. 199 (B.A.P. 8th Cir. 2002)
aff’d 328 F.3d 406 (8th Cir. 2003) is:
Creditor's Judicial Lien
Plus all other liens
Plus exemptions
[$14,822.85]
[$140,000.00]
[$15,000.00]
Total
[$169.822.85]
Minus value of land interest absent liens
[$165,000.00]
Extent of Impairment
[$4,822.85]
1.The Creditor's judicial lien impairs Debtor’s exemption, and therefore the judicial lien
shall be avoided to the extent of the impairment.
ACCORDINGLY, IT IS HEREBY
ORDERED that the judicial lien held by [name of creditor], in and on Debtor's
real estate at [address of property] created by the judgment entered of record in [style
of case, case number], in [court name, division and location], in the amount of $ [dollar
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amount], is hereby avoided in full. /OR/ is hereby avoided to the extent the lien
impairs Debtor’s exemptions, and such judgment shall continue to be a lien against
such property only in the amount of $[ dollar amount].
IT IS FURTHER ORDERED that unless Debtor's bankruptcy case is dismissed,
[name of creditor] shall take all steps necessary and appropriate to release the judicial
lien and remove it from the local judgment index in accordance with this order.
IT IS FURTHER ORDERED that the judicial lien of [name of creditor] shall be
reinstated in its entirety upon dismissal of the Debtor’s bankruptcy case.
Dated: __________________
___________________________
United States Bankruptcy Judge
Copies mailed to:
Trustee
Address
City, State, Zip Code
Creditor
Respondent
Address
City, State, Zip Code
Respondent’s Service Recipient
Address
City, State, Zip Code
Debtor
Address
City, State, Zip Cod
Other Lien Holders
Address
City, State, Zip Code
Creditors Filing Proofs of Claim (Chapter 13 Cases - only)
Address
City, State, Zip Code
06/12
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