Last updated: 6/12/2023
Order Granting Motion To Avoid Lien On Debtors Principal Residence {LBF H}
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Description
Local Bankruptcy Form H IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND at IN RE: Debtor Movant vs. Res p ondent * * * * * * Case No: Chapter 13 ORDER GRANTING MOTION TO AVOID LIEN ON DEBTOR222S PRINCIPAL RESIDENCE Having considered debtor222s Motion to Avoid Lien, and any response filed thereto, and it appearing that proper notice has been given, pursuant to 11 U.S.C. 247 506 and for the reasons set forth in the cases of Johnson v. Asset Management Group, LLC, 226 B.R. 364 (D. Md. 1998), and in First Mariner Bank v. Johnson, 411 B.R. 221 (D. Md. 2009) it is by the United States Bankruptcy Court for the District of Maryland, ORDERED, that the claim of Respondent be and is hereby deemed wholly unsecured; and it is further, ORDERED, that at such time as a discharge Order is entered pursuant to 11 U.S.C. 247 1328 or the Debtor completes performance of the Debtor222s confirmed Chapter 13 plan in this case, the lien held in favor of Respondent on the Debtor222s real property described as: , is avoided, and it is further, ORDERED, that if the Respondent has filed or timely files a proof of claim, the claim of the Respondent be and hereby is allowed as a general unsecured claim for purposes of distributions under the Debtor222s plan; and it is further, American LegalNet, Inc. www.FormsWorkFlow.com Local Bankruptcy Form H Page 2 ORDERED, that allowance of the claim of the Respondent as an unsecured claim pursuant to this order is without prejudice to objection to such claim on other grounds. cc: Trustee Debtor Name and Address Debtor222s Attorney Name and Address Respondent Name and Address U.S. Trustee End of Order American LegalNet, Inc. www.FormsWorkFlow.com Local Bankruptcy Form H Instructions INSTRUCTIONS FOR COMPLETION OF LOCAL BANKRUPTCY FORM H (These instructions should not be filed when the form Order is uploaded.) NOTE: Local Bankruptcy Rule 3012-1 requires a motion to avoid a lien on a Chapter 13 debtor222s principal residence to be filed with a proposed order conforming to this Local Bankruptcy Form H. The movant may revise the form to make the grammar appropriate for joint cases. Proposed orders must be prepared in compliance with Local Bankruptcy Rule 9013-3. American LegalNet, Inc. www.FormsWorkFlow.com
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