You are here

RULE 4003-1


  1. 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.
  2. The debtor shall serve a copy of the motion on the respondent in accordance with Bankruptcy Rule 7004.
  3. The motion shall describe with specificity the nature of the lien, recording information, if applicable, and the property affected with legal description, as appropriate.
  4. The respondent shall have twenty-one (21) days to file and serve on the debtor a response to the motion.
  5. 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
2023 Amendment

The amended rule includes only stylistic changes for purposes of internal consistency and/or to correct grammatical errors.

2020 Amendment

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.