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Exemptions – Avoiding a Lien or Other Transfer of Exempt Property

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Local Rule Number: 
Rule 4003-2
4000 Series

(a)      In General. A motion under § 522(f) to avoid a lien on exempt property must:

(1)      provide a full legal description of the property as recorded by the clerk of the circuit court in the county in which the property is located; and

(2)      include as an exhibit a copy – showing the recording information – of the security agreement, judgment, or other document creating or providing for the lien.

(b)     Chapter 13 Requirements. If a chapter 13 plan provides for avoidance of a lien on exempt property under § 522(f), the debtor must file and serve a separate motion to avoid the lien.