In re
EDWARD MICHAEL CORBIN dba Debtor(s) |
Case No. A91-00588-HAR Chapter 7 ORDER DENYING MOTION TO AVOID |
Debtors filed a motion, without any supporting memorandum or affidavits, which states:
The above named debtors through their attorney move the Court for an order voiding the judgment lien of Alaskan Federal Credit Union in their principal residence which has been claimed as exempt described as: BLM Lot 119, Section 8, Anchorage Recording District.
I independently skimmed through the schedules and saw that Alaskan Federal was listed as both a secured and unsecured creditor for $3,500. There does not appear to be any independent mention of the judgment. The property is scheduled on Schedule B-1 as having a value of $118,000 and on Schedule A-2 as having a deed of trust against it in favor of the FDIC for $106,000. Debtors have 2 ABR 160 selected the federal exemptions on Schedule B-4 under § 522(d)(1) of the Bankruptcy Code.
A motion for avoidance of a lien under §522(f) of the Bankruptcy Code is a contested matter, governed by Bankruptcy Rule 9014. Bankruptcy Rule 9013 provides that a request for an order shall be by written motion, unless made during a hearing. "The motion shall state with particularity the grounds therefore, and shall set forth the relief sought." If the motion does not meet these standards, it may be denied. Cf. In re Sea Harvest Corporation, 868 F.2d 1077, 1079 (9th Cir. 1989) and In re Chandler's Cove Inn, Ltd., 97 B.R. 752, 754 (Bankr.E.D.N.Y. 1988).
The debtors' cursory motion does not meet the minimal standards for motion practice. It does not reiterate the facts in any detail (e.g., the particulars about the Alaskan Federal judgment as to date, amount, recording information, etc.; information about the value of the residence, the other encumbrances against it, etc.) or minimally advise the court about the applicable law. Debtors did not cite the statute under which they seek relief, or show the court why their motion is justified even if not opposed.
Therefore, IT IS ORDERED that the motion to avoid the lien of Alaskan Federal Credit Union is DENIED WITHOUT PREJUDICE.
2 ABR 161DATED: October 1, 1991. |   |
  | BY ORDER OF THE COURT |
  | ______________________________ |
  | HERBERT A. ROSS |
  | U.S. Bankruptcy Judge |
Serve: |   |
S. Jeff Carney, Esq., for Debtors |   |
William Barstow 3rd, Trustee |   |
U.S. Trustee | H3715 |