Procedures And Forms For Motions To Avoid Judicial Liens - United States Bankruptcy Court, Middle District Of Florida Tampa/fort Myers Divisions

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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA/FORT MYERS DIVISIONS
PROCEDURES AND FORMS FOR MOTIONS TO AVOID JUDICIAL LIENS
Pursuant to 11 U.S.C. § 522(f)(1), a lien on an individual debtor’s exempt property may
be avoided if it is: (a) a judicial lien, other than one that secures a debt of the kind specified in
section 523(a)(5) [for a domestic support obligation]; or (b) a nonpossessory, nonpurchase-
money security in certain listed items, including but not limited to household furnishings,
professional tools of trade, or professionally prescribed health aids. See § 522(f)(1)(B) for a
complete listing. This section does not apply to statutory liens, e.g., liens held by the Internal
Revenue Service. The following procedures apply:
1. A motion to avoid judicial lien on exempt property may be filed on negative notice in
accordance with Local Rule 2002-4.
2. The motion shall:
(i)
Clearly identify the party that holds the lien sought to be avoided in both the title
and the body of the motion;
(ii)
Describe when and where the lien is recorded in the official records, i.e., book and
page or judgment lien certificate document number;
(iii)
Clearly identify the property that the debtor has claimed as exempt, including the
legal description and street address of any real property and the VIN number of
any vehicle;
Include on the first page of the motion the “negative notice” legend as it appears
(iv)
in Local Rule 2002-4, giving interested parties 21 days to file an objection/request
for hearing;
(v)
Certify proper service in accordance with Rule 7004. Note the requirement in
Fed. R. Bankr. P. 7004(h) that depository institutions be served by certified mail;
and
Be docketed in CM/ECF using the “Motion to Avoid Judicial Lien” docket event.
(vi)
3. The motion and proposed order should conform to the samples attached hereto.

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