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Lien Stripping in a Chapter 13 Case

Procedure for Removing Unsecured Junior Mortgage Lien

Effective March 4, 2011
  • Local Rule 3012-2 - Procedure for filing motion to determine secured status and to strip junior lien on debtor's principal residence on negative notice in Chapter 13 cases has been signed by Judge Killian effective March 4, 2011.
  • Motion with Negative Notice Language
    A template for preparing a "Motion to Determine Secured Status and to Strip Junior Lien of Mortgage Company" has been drafted and approved for use in the Northern District. The motion contains negative notice language providing a 30 day objection period consistent with Standing Order 18. To view a suggested format of the motion template, please click here.
  • Proposed Order
    A template for preparing a proposed "Order Granting Motion to Determine Secured Status and to Strip Junior Lien of Mortgage Company on Debtor's Principal Residence" has been drafted and approved for submission in the Northern District. To view a suggested format of the order template, please click here.
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