Motions for Relief
Motions for Relief must be filed in compliance with the thirty-day requirement of 11 U.S.C. § 362(e), Local Bankruptcy Rule 4001-1 and Administrative Order 9012-1.
The following documents are required with the Motion for Relief:
- Notice of Hearing
- Certificate of Service
- Affidavit of Military Service
- Local Bankruptcy Form 4001-1A Worksheet or 4001-1B Worksheet
A written objection must be filed no later than seven (7) days prior to the scheduled hearing. If no objection is timely filed, the court may grant the motion without a hearing. See Local Bankruptcy Rule 9013-1(g).
Hearings on Motions for Relief are self scheduling; click here for Motion for Relief hearing dates.
Motions to Avoid Lien
Motions to Avoid Lien must be filed in compliance with Local Bankruptcy Rules 3012-1 and 4003-2.
If the motion is to avoid a Lien under 11 U.S.C. § 522(f), the motion shall be filed using Local Bankruptcy Form 4003-2A and service of the hearing shall be in the form of Local Bankruptcy Form 4003-2B. Hearings for these motions shall be noticed as contingent hearings, and the Court may enter an order granting the motion to avoid lien without a hearing.
The following documents are required with the Motion to Avoid Lien:
- Notice of Hearing in the form of Local Bankruptcy Form 4003-2B
- Certificate of Service
- Proposed Order in the form of Local Bankruptcy Form 4003-2C
Hearings on motions under section 522(f) are self-scheduling; click here for Motion to Avoid Lien hearing dates.
When filing a Motion to Determine Secured Status and Void Wholly Unsecured Liens, contact the calendar clerk directly for a hearing date. Hearings for these motions shall be noticed as contingent hearings, and the court may enter an order granting the motion without a hearing.
The following documents are required with the Motion to Determine Secured Status and Void Wholly Unsecured Lien:
- Notice of Hearing in the form of Local Bankruptcy Rule 3012-1B
- Certificate of Service
- Proposed Order in the form of Local Bankruptcy Form 3012-1A
