Certification Of No Response {LF 34}

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MISSOURI In re: Name of Debtor(s), Movant/Debtor. vs. Name of Creditor, Serve: Name of Person to be Served Respondent/Creditor. ) ) ) ) ) ) ) ) ) ) ) ) Case No. Chapter ___ EXAMPLE ­ (sample dollar values shown to illustrate partial lien avoidance calculation) CERTIFICATION OF NO RESPONSE The undersigned certifies that he/she served all parties in accordance with the applicable Bankruptcy Rules; that at least 21 days have passed since service of Debtor's Motion to Avoid Judicial Lien; and that he/she has received no response in opposition to this Motion to Avoid Judicial Lien, or that any opposition has been resolved. Dated: _____________ ____________________________ Attorney Name, Fed. & State Bar # Attorney for Movant/Debtor Address City, State, Zip Code Phone: Fax: e-mail ORDER AVOIDING JUDICIAL LIEN ON REAL ESTATE This matter is before the Court on the above-referenced Debtor's Motion to Avoid Judicial Lien on Real Estate. No response has been filed by the creditor [name of creditor] or any response has been resolved as stated below. The Court makes the following findings: 1. On or about [date], [name of creditor] obtained a judgment against the Debtor and obtained a lien against the Debtor's real property located at [address of property and 1 American LegalNet, Inc. www.FormsWorkFlow.com legal description (if available)]. The judgment is entered of record in [style of case, case number], in [court name, division and location]. The amount of the judgment is $ [dollar amount] plus court costs and attorneys' fees, which constitutes the amount of the lien. 2. The fair market value of the real estate owned by Debtor and subject to the judicial lien is $ [dollar amount]. 3. The Debtor claims an exemption in the subject property in the amount of $ [dollar amount]. 4. At the time Debtor filed this bankruptcy petition, this real estate was subject to consensual mortgage lien(s) and other liens in the amount of $ [dollar amount]. 5. At the time Debtor filed this bankruptcy petition, the Creditor's judicial lien secured an indebtedness in the amount of $ [dollar amount] The Court makes the following conclusions of law: 6. Pursuant to 11 U.S.C. Sec. 522(f), Debtor is entitled to avoid the Creditor's judicial lien to the extent it impairs the Debtor's exemption(s). 7. The Creditor's judicial lien impairs the Debtor's exemption to the extent that the sum of the lien, all other liens on the real estate, and the amount of the Debtor's exemption exceeds the value that the Debtor's interest in the property would have in the absence of any liens. The applicable formula as set forth in Kolich v. Antioch Laurel Veterinary Hospital Inc. (In re Kolich), 273 B.R. 199 (B.A.P. 8th Cir. 2002) aff'd 328 F.3d 406 (8th Cir. 2003) is: Creditor's Judicial Lien Plus all other liens Plus exemptions Total Minus value of land interest absent liens Extent of Impairment [$14,822.85] [$140,000.00] [$15,000.00] [$169.822.85] [$165,000.00] [$4,822.85] 8. The Creditor's judicial lien impairs Debtor's exemption, and therefore the judicial lien 2 American LegalNet, Inc. www.FormsWorkFlow.com shall be avoided to the extent of the impairment. ACCORDINGLY, IT IS HEREBY ORDERED that the judicial lien held by [name of creditor], in and on Debtor's real estate at [address of property and legal description (if available)] created by the judgment entered of record in [style of case, case number], in [court name, division and location], in the amount of $ [dollar amount], is hereby avoided in full. /OR/ is hereby avoided to the extent the lien impairs Debtor's exemptions, and such judgment shall continue to be a lien against such property only in the amount of $[ dollar amount]. IT IS FURTHER ORDERED that the judicial lien of [name of creditor] shall be reinstated in its entirety upon dismissal of the Debtor's bankruptcy case. Dated: __________________ ___________________________ United States Bankruptcy Judge Copies mailed to: Trustee Address City, State, Zip Code Creditor Respondent Address City, State, Zip Code Respondent's Service Recipient Address City, State, Zip Code Debtor Address City, State, Zip Cod Other Lien Holders Address City, State, Zip Code Creditors Filing Proofs of Claim (Chapter 13 Cases - only) Address City, State, Zip Code 11/2012 3 American LegalNet, Inc. www.FormsWorkFlow.com