This motion is filed by a debtor to avoid certain liens on property. The motion may be filed on negative notice or it may be set for a hearing, and it must be served upon all affected parties. There is no filing fee unless it is filed as a multi-part motion with a Motion to Reopen Case.

Resources:

• 11 U.S.C. §506 or 522(f)
• BR4003(d) – Avoidance by Debtor of Transfers of Exempt Property
• LR4003-2 – Avoidance of Liens on Exempt Property
• LR5010-1(F) – Reopening Cases to Avoid a Judicial Lien
• LR9013-1(D)(3)(f) and (k) – Motions considered on negative notice

CM/ECF Event Path: Bankruptcy > Motions/Applications > Avoid Lien

The above event path has been programmed to transmit data directly to the Administrative Office of the U.S. Courts to enable required statistical tracking of motions to avoid liens. Therefore, it is important for filers to use the above CM/ECF events when filing a motion to avoid lien rather than a generic “motion” event.