(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, other than through a chapter 13 plan filed after December 1, 2017, a movant may file a separate motion to avoid judicial lien or nonpossessory, non-purchase money security interest as to each lien holder, and that motion must be in substantial compliance with the form Section 522(f) motion found on this Court’s website at http://www.alnb.uscourts.gov/forms/all-forms?page=1. The movant must serve the motion upon the following:
• the Trustee;
• the affected creditor;
• any committee appointed in the case; and
• any other entity as the Court may direct.
The movant shall file with the Court a certificate of service that substantially complies with the provisions of the certificate of service provided on the form Section 522(f) motion referenced above.
(c) Content of Motion. The motion must include a notice of opportunity to object and request hearing that advises the service parties that objections to the motion must be filed within 30 days of the date of service of the motion; 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;
- the affected creditor;
- 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 http://www.alnb.uscourts.gov/forms/all-forms?page=1.
(f) Deficiency. If the motion 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. 12/1/2017)