Motion To Strip Wholly Unsecured Lien Or Mortgage Ch 12 {N-3}

VTB Form N-3, chapter 12 04/2018 See Vt. LBR 3013-1 UNITED STATES BANKRUPTCY COURT DISTRICT OF VERMONT In re: , Chapter 12 Debtor(s). Case # MOTION TO STRIP WHOLLY UNSECURED LIEN OR MORTGAGE OF [CREDITOR] PURSUANT TO 11 U.S.C. 247 506(a) AND VT. LBR 3013-1* NOW COMES [name of debtor] by and through attorney, [name of attorney], pursuant to 11 U.S.C. 247 506(a), Federal Rule of Bankruptcy Procedure 9014, and Vt. LBR 3013-1, and requests that this Court enter an order stripping the [lien or mortgage] held by [name of creditor] on [description of property] (the 223Property224) and declaring that creditor222s claim to be wholly unsecured. In support of this motion, the debtor attaches a copy of the [lien or mortgage], and states the following: 1. The debtor filed a voluntary petition under chapter 12 of the Bankruptcy Code on [date]. 2. This Court has jurisdiction in this matter pursuant to 28 U.S.C. 247 1334(a) and this is a core proceeding as described in 28 U.S.C. 247 157(b)(2)(K). 3. The Property has a fair market value of $. This valuation is based upon [describe basis for valuation (e.g., grand list, real estate appraisal)]. 4. The Property is subject to the following liens of record: Type of lien Holder of lien (including name and address) Date lien originated/arose Recording reference (town, book, page and date) Original amount of lien Outstanding balance of lien [ this c reditor ] 5. There is no equity to which the [lien or mortgage] held by [name of creditor] can attach. * This form is to be used ONLY in chapter 12 cases. Motions to strip a wholly unsecured lien or mortgage in a chapter 13 cases must be made as part of the chapter 13 plan, using Official Form 113. See Vt. LBR 3013-1(a); 3015-1(a). American LegalNet, Inc. www.FormsWorkFlow.com VTB Form N-3, chapter 12 04/2018 See Vt. LBR 3013-1 WHEREFORE, the debtor respectfully requests that this Court enter an order (A) declaring the [lien or mortgage] held by [name of creditor] on the Property in the amount of $ to be void, and (B) declaring the creditor222s claim to be wholly unsecured, unless the case is dismissed. Respectfully submitted, Dated: By: [Signature] [typed name, with address, e-mail address, and telephone number] American LegalNet, Inc. www.FormsWorkFlow.com