Motions for Relief & to Avoid Lien
Hearing dates, instructions, and forms are set forth below. A new hearing date will be provided at the beginning of each week and should be used for all aforementioned motions filed during said week.
Please file your Motions for Relief in compliance with the thirty day requirement of Section 362(e) of the Bankruptcy Code and Administrative Order 9012-1 Compliance with the Service members Civil Relief Act of 2003. Click here for Administrative Order 9012-1 or here for information on Verification of Military Status and DMDC Form Application.
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Hearing Notice Forms**
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| Motion to Avoid Lien Local Bankruptcy Form 4003-2B | |
| Chapter 7/13 (Debtor has counsel) | |
Pro Se Debtor or Chapter 11 |
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| **Note: Objection deadline is one week prior to the hearing date | |
Certificate of Service Forms***
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| Motion to Avoid Lien | |
Chapter 7/13 |
Motion for Relief |
Chapter 11 |
Motion for Relief |
| *** Must be filed within five days of filing the Motion and Hearing Notices | |
In the absence of a timely response to a Motion for Relief, the Motion shall be treated as uncontested unless the debtor is pro se, the section 341 meeting has not been held, or the case is a Chapter 11 case. Uncontested motions for relief shall be granted and the scheduled hearing will be canceled without further notice.
Service of motions to avoid liens must be made at least twenty (20) days prior to the hearing and will remain on the calendar whether or not an objection is filed. After May 4, 2009, uncontested motions to avoid lien that comply with Administrative Order 4003-2 may be granted without a hearing.
Notwithstanding the provisions for obtaining dates set forth herein, all other conditions of LBR 4001-1, LBR 4003-2 and LBR 1074-1 shall apply and you are responsible for conforming to these procedures.
