This complete package contains virtually all the major pleadings that a Chapter 7 and Chapter 13 bankruptcy attorney needs for their practice. Other pleadings can be drafted using these templates as a base.

The entire package contains FIVE pleadings packages that includes a total of THIRTY-FOUR DOCUMENTS (detailed below). Additionally, each package contains tips and information to help you in your law practice.

When I first learned of this Motion I was doing a petition review for an attorney.  I was told that many courts are requiring that the attorney file a Motion to Avoid  Secure Lien along with the Chapter 13 Plan if they intend to propose a stripped mortgage due to unsecure equity.

The attorney I was doing the bankruptcy petition review for did not have a copy of the Motion so I conducted online research to find the pleading for her. During my research I found that “at this time” there is not one specific Motion that is used for all fifty states.  This of course is due to the fact that the government is still debating the issue regarding the mortgage industry at this period in our history.

Because of this reason I decided it would be best if I provide you with three (3) versions of the Motion titles; one relates to a judicial lien but can be altered to fit circumstances. Of course, the attorney will need to make the determination as to which title pleading he or she wishes to use, or whether to use combinations of one or all of them.

Documents included with this pleading:

1. Debtor’s Verified Motion to Avoid Lien and Determine Secured Status of Mortgage Company Claim
2. Unsworn Declaration in Support of Debtor’s Verified Motion to Avoid Lien and Determine Secured Status of Mortgage Company Claim
3. Notice and Motion to Avoid Judicial Lien of Creditor
4. Order Granting Debtor’s Motion to Determine Secured Status of Mortgage Company and to Strip Lien Effective Upon Discharge
5. Certificate of Service
6. Notice of Hearing and Motion for Valuation of Debtors Resident and Avoidance of Junior Trustee Deed; Memorandum of Points and Authorities in Support Thereof; Declaration of John Edward Doe; Declaration of Jane NMN Doe; Declaration of Attorney Name Here in Support Thereof
7. Memorandum of Points and Authorities
8. Declaration of Attorney
9. Declaration of John Edward Doe in Support of Motion for Valuation of Debtors Residence and Avoidance of Junior Trust Deed
10. Complaint of the Debtors Pursuant to 11 U.S.C. Section 506(a) and Bankruptcy Rule 3012 to Determine the Value of Security and Creditors Allowed Secured Claim
11. Motion to Avoid Liens
12. Order Granting Partial Summary Judgment
13. Debtors Responsive Point and Authorities in Support of Motion for Summary Judgment
14. Debtors Plan was Res Judicata as to the Characterization of Defendants Claim
15. Notice of Motion and Opportunity for Hearing

PLUS, YOU ALSO RECEIVE THE FOLLOWING PLEADINGS:

Documents included with this pleading:

1. Motion for Relief from Stay (normally filed by the creditor)
2. Answer to Motion for Relief from Stay (normally filed by the debtor)
3. Agreed Order on Motion for Relief from Stay
4. 20 Day Notice
5. Certificate of Service
6. Certification of Proper Service and Lack of Response to Motion
7. Order on Motion from Relief from Stay

Documents included with this pleading:

1. Motion to Convert a Chapter 7 Proceeding to a Chapter 13 Proceeding
2. Motion to Convert a Chapter 13 Proceeding to a Chapter 7 Proceeding
3. Notice of Conversion (used instead of Motion in some jurisdictions)
4. Certification of Proper Service and Lack of Response to Motion

Documents included with this pleading:

1. Motion to Modify Chapter 13 Plan
2. Motion to Modify Plan to Surrender Property
3. 20 Day Notice
4. Certificate of Service
5. Certification of Proper Service and Lack of Response to Motion
6. Order on Motion to Modify Chapter 13 Plan

Documents included with this pleading:

1. Notice to Stop Garnishment (faxed or hand delivered to payroll department)
2. Attorney Letter to Garnishment Party (Creditor)

Use these letters to copy and paste onto your law firm letterhead and provide to the client so that a wage garnishment can be stopped without waiting for notification from the bankruptcy court.