CANB — Motion to Value Personal Property; Notice of Opportunity for Hearing; Declaration in

Source: https://www.canb.uscourts.gov/sites/default/files/forms/Motion-to-Value-Pers-Prop-08-01-13.pdf

1 [Attorney Names]

2 [Attorneys’ Business Address]

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6 UNITED STATES BANKRUPTCY COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8

9 In re: ) Case No.: 10 ---, ) Chapter 13 ) 11 Debtor. ) ) MOTION TO VALUE PERSONAL12 ) PROPERTY; NOTICE OF OPPORTUNITY 13 ) FOR HEARING; DECLARATION IN ) SUPPORT; AND CERTIFICATE OF 14 ) SERVICE ) 15 ) 16 )

17 18 PLEASE TAKE NOTICE that Debtor requests the court value the 19 collateral described below, which secures the claim of the 20 Creditor ___________. Debtor also requests that the amount of 21 the Creditor’s secured claim not exceed the value of the 22 collateral, less the claims of creditors holding senior liens or 23 security interests. This determination shall supersede any 24 greater claim demanded in a proof of claim. Any objections to 25 the Creditor’s claim are reserved. 26 NOTICE IS HEREBY GIVEN, pursuant to FRBP 3007 as modified 27 by B.L.R. 9014-1 that any objection to the requested relief, or

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MOTION TO VALUE PERSONAL PROPERTY – AUGUST 1, 2013, MODEL CHAPTER 13 PLAN

1 a request for hearing on the matter must be filed and served on

2 the requesting party within twenty–one (21) days of mailing of

3 the notice; 2) that a request for hearing or objection must be

4 accompanied by any declarations or memoranda of law the party

5 objecting or requesting wishes to present in support of its

6 position; 3) that if there is not a timely objection to the

7 requested relief or a request for hearing, the Court may enter

8 an order granting the relief by default; and 4) that the

9 initiating party will give at least seven (7) days written

10 notice of hearing to the objecting or requesting party, and to

11 any trustee or committee appointed in the case, in the event an

12 objection or request for hearing is timely made.

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14 MOTION

15 Debtor hereby moves to value the collateral at [$], limit

16 Creditor’s secured claim to [$], and that any amount in excess

17 be treated as a general unsecured claim, pursuant to 11 U.S.C.

18 §§ 506 and 1322 (b)(2), FRBP 3012 and 9014, and B.L.R. 9014-1,

19 which determination shall become part of Debtor’s confirmed 20 Chapter 13 Plan.

21 22 Dated: ___________ _____________________________ 23 Attorney

24 25 DECLARATION 26 I declare under the penalty of perjury that the information 27 listed below is true and correct:

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MOTION TO VALUE PERSONAL PROPERTY – AUGUST 1, 2013, MODEL CHAPTER 13 PLAN

1 1. I am the Debtor in the above-captioned case.

2 2. At the time I filed my Chapter 13 case, I was the owner

3 of the [Collateral Description] (the “collateral”).

4 3. I am informed and believe that on the date I filed my

5 case, the collateral was worth [$Value].

6 4. [Creditor] holds a claim of approximately [$], secured

7 by the collateral.

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10 Dated: ________ _____________________________

11 Debtor

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13 CERTIFICATE OF SERVICE

14 I am not less than 18 years of age and not a party to the

15 within case. My business address is:

16 ___________________________________ ___________________________.

17 I served this MOTION TO VALUE COLLATERAL; NOTICE OF

18 OPPORTUNITY FOR HEARING by first-class United States Mail,

19 postage pre-paid, at ___________________________, California, on 20 the date noted below and addressed to the Claimant above, and on 21 those listed below. If entitled to notice, the Chapter 13 22 Trustee will receive such notice upon the electronic filing of 23 this document I declare, under penalty of perjury, that the 24 foregoing is true and correct. 25 Dated: ___________ _____________________________ 26 [Name]

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MOTION TO VALUE PERSONAL PROPERTY – AUGUST 1, 2013, MODEL CHAPTER 13 PLAN