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RULE 4003-1. LIEN AVOIDANCE UNDER 11 U.S.C. § 522

Chapter: 
PART IV. THE DEBTOR - DUTIES AND BENEFITS

A.      A proceeding under 11 U.S.C. § 522(f) by a debtor to avoid a lien or transfer of property may be brought by motion pursuant to Neb. R. Bankr. P. 9013-1.  The caption of the motion shall identify the creditor whose lien is to be avoided.  The motion shall set forth the amount of the lien and the debtor’s obligation secured by the lien sought to be avoided; the identity and fair market value of the property subject to said lien; the nature and amount of any other debts or obligations secured by an interest in the property; the dollar amount of the exemption; the specific statutory authority for the exemption; and the identity of any other property claimed to be exempt under said specific statute.  All proceedings to avoid a lien except those under 11 U.S.C. § 522(f) shall be brought by adversary proceeding.  A motion to sell free and clear of liens does not constitute a proceeding to avoid a lien within the meaning of this Local Rule and may be brought by motion.

B.      If a proof of claim has been filed by the creditor whose lien is to be avoided, the motion to avoid lien and notice pursuant to Neb. R. Bankr. P. 9013-1 shall be served on the creditor at the address for notice set forth in the proof of claim.  If no proof of claim has been filed, the motion and notice pursuant to Neb. R. Bankr. P. 9013-1 shall be served on the creditor in a manner that would be sufficient service of process under the Federal Rules of Bankruptcy Procedure and the Federal Rules of Civil Procedure.  If no resistance is timely filed pursuant to Neb. R. Bankr. P. 9013-1, the Court will enter an order.