A. General. A debtor may bring a proceeding under 11 U.S.C. § 522(f) to avoid a lien or transfer of property by motion. All other proceedings to avoid a lien, except those under 11 U.S.C. § 522(f), must be brought by adversary proceeding. A motion to sell free and clear of liens is a proceeding to avoid a lien and may be brought by motion.
B. Motion. The caption of the motion must identify the creditor whose lien is to be avoided. The motion must: (1) state the amount of the lien and the debtor’s obligation secured by the lien sought to be avoided; (2) identify the property subject to the lien and its fair market value; (3) state the nature and amount of any other debts or obligations secured by an interest in the property; (4) state the dollar amount of the exemption; (5) state the specific statutory authority for the exemption; and (6) identify any other property claimed to be exempt under the statute.
C. Service. In addition to any other service requirements, if the creditor whose lien is to be avoided filed a proof of claim, the movant must serve the motion on the creditor at the address for notice stated in the proof of claim. If a creditor did not file a proof of claim, the movant must serve the motion on the creditor in a manner sufficient for service of process under the Federal Rules of Bankruptcy Procedure and the Federal Rules of Civil Procedure.