- A motion to avoid a lien under 11 U.S.C. § 522(f) and Bankruptcy Rule 4003(d) may name only one creditor as respondent. A separate motion is required for each creditor whose lien or transfer is sought to be avoided.
- The debtor shall serve a copy of the motion on the respondent in accordance with Bankruptcy Rule 7004.
- The motion shall describe with specificity the nature of the lien, recording information, if applicable, and the property affected with legal description, as appropriate.
- The respondent shall have twenty-one (21) days within which to file and serve on the debtor a response to the motion.
- If a timely response is filed or the motion does not include the negative notice legend required by Local Rule 2002-2(B)(3), the matter will be noticed for a hearing.
Advisory Committee Notes
The amended rule includes both stylistic and substantive changes. The format of subdivisions is changed to maintain a consistent style across all rules. Subdivision (C) is added to provide minimum requirements for lienavoidance motions. Subdivision (E) is amended for clarity and to reduce redundancy with Local Rule 2002-2 and is clarified to allow for a preliminary, non-evidentiary hearing as appropriate under the circumstances.