How To ProcessOverviewUpdated: Wednesday, January 31, 2024Overview: A Motion to Avoid Lien with Notice to Respond is filed to avoid a judicial lien, if the lien would otherwise impair the debtor’s exemptions. A Motion to Avoid Lien on Household Goods is filed to avoid a non-possessory, non-purchase money security interest, if the lien would otherwise impair the debtor’s exemptions. For chapter 13 cases, lien avoidance may be included in the chapter 13 plan. Forms/RulesOfficial/Local Form: Local Form - Notice of Requirement of Response to Motion to Avoid Lien on Exempt Property and of Time to File Same Rules/Code Sections: 11 U.S.C. § 522(f)BLR 6008-1FRBP 4003(d) Filing RequirementsFiling Requirements: Document in basic captioned format Local Form - Notice of Requirement of Response to Motion to Avoid Lien on Exempt Property and of Time to File Same giving respondent 21 days to respond Certificate of Service DocketDocket: Ensure Filing Requirements are met Select Bankruptcy Select Motions/Applications Enter case number (xx-xxxxx) Click Next Select the party filer Click Next If the party is not listed Use Add/Create New Party Click Next If you see the message: IMPORTANT: The following attorney/party association(s) will be created in this case. De-selecting a party association will result in the filing attorney NOT receiving Notices of Electronic Filing for that party. If this is a joint filing, review the list carefully to ensure that only parties represented by the filing attorney are selected. Remove the check mark from any party not represented by the filing attorney Click Next If... Then... Motion is to Avoid a Judicial Lien Select 03-Motion to Avoid Lien with Notice to Respond Click Next Answer the question: Does this motion include a completed notice of hearing? Browse to select the document to be filed (PDF) Click Next Refer to existing event(s), if applicable Enter Creditor Name in free-text box Click Next If referring to an existing event, select the category to which your event relates Leave default date for Response Due Date Insert hearing information, if applicable (if hearing not included, click Next) Click the clock icon to select Hearing Time Click the calendar icon to select Hearing Date Click the drop-down menu to select Location Click Next If referring to existing event Select the appropriate event(s) to which your event relates Click Next Motion is to Avoid a Non-possessory, Non-purchase money security interest Select 02-Motion to Avoid Lien on Household Goods Click Next Answer the question: Does this motion include a completed notice of hearing? Browse to select the document to be filed (PDF) Click Next Refer to existing event(s), if applicable Enter Creditor Name in free-text box Click Next If referring to an existing event, select the category to which your event relates Leave default date for Response Due Date Click Next If referring to existing event, select the appropriate event(s) to which your event relates Click Next Answer the question: Is the required Certificate of Service Included or Attached to the Document Currently Being Filed? Click Next If No, you will see the message: After Filing This Document, File the required Certificate of Service Located in the Category OTHER Click Next Insert hearing information, if applicable (if hearing not included, click Next) Click the clock icon to select Hearing Time Click the calendar icon to select Hearing Date Click the drop-down menu to select Location Click Next Modify the docket text by using the drop-down and free-text boxes to enter additional information, if necessary Click Next Verify docket text Click Next ‹ Motion to Approve Use of Cash Collateral up Motion to Compel ›
