RULE 4003-2 LIEN AVOIDANCE

(a)    General.  A proceeding to avoid a nonpossessory lien or judicial lien pursuant to Section 522(f) is a contested matter governed by Bankruptcy Rule 9014.

(b)    Notice, Service and Hearing.  To avoid a lien, a movant must file a motion, a debtor's declaration, and a notice of motion to avoid lien and opportunity for hearing that substantially comply with the lien avoidance forms found on this Court's website at  www.alnb.uscourts.gov/localforms.cfm.  The movant must serve the motion, debtor's declaration, and notice upon the following: 

 

•  the Trustee;

•  affected creditors;

•  any committee appointed in the case; and

•  any other entity as the Court may direct.

(c)    Content of Notice.  The notice must advise the parties of the date by which an objection is due, that the Court may set a hearing date on the motion through a subsequent notice, and that the failure to file an objection with the Court by the given date may result in the Court granting the movant the relief requested without a hearing.  

(d)    Service of Objections.  Any objections or responses must be served upon the following: 

 

•  the debtor;

•  the Trustee; 

•  any other affected creditors;

•  any committee appointed in the case; and

•  any other entity as the Court may direct. 

 

The objecting or responding party must attach a certificate of service to the objection or response. 

(e)    Relief Granted.  If no objection or response is filed to the motion, the movant must submit a proposed order no sooner than 30 days after the motion was filed and served and no later than 45 days after such filing and service.  The proposed order must substantially comply with the lien avoidance proposed order form found on this Court's website at www.alnb.uscourts.gov/localforms.cfm.

(f)    Deficiency.  If the motion, debtor's declaration, notice, or proposed order does not comply with the applicable forms found on this Court's website, or if any information required by these forms is not provided, or if procedures required by this Rule are not strictly followed, the clerk's office will issue a deficiency notice.  If the deficiency or error is not corrected within 2 business days, the motion may be dismissed or denied, without prejudice, without further notice or hearing.

(Eff. 7/1/2010)