Bankr. N.D. Fla. Loc. R. 3012-2 — Motions to Determine Secured Status and Strip Junior Lien on Debtor’s Homestead in Chapter 13

High confidence· verified September 26, 2026Local Rules

Summary

Bankr. N.D. Fla. Loc. R. 3012-2 — Motions to Determine Secured Status and Strip Junior Lien on Debtor’s Homestead in Chapter 13: the court's own rule, verbatim from UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF FLORIDA Local Rules (EFFECTIVE DATE: February 26, 2024), official PDF, sha-custodied. Court-level requirement: applies in every case before the U.S. Bankruptcy Court for the Northern District of Florida alongside the Federal Rules of Bankruptcy Procedure and any judge-specific procedures.

Requirement

Notwithstanding the procedure for valuation of collateral of certain impaired claims in Chapter 12 and 13 plans pursuant to Local Rule 3012-1(B), actions to determine secured status and strip junior lien on the debtor’s principal residence in Chapter 13 cases shall be brought by motion and subject to the following procedures: (A) A motion filed under this rule shall be docketed with an applicable “Motion to Determine Secured Status” event and shall be filed in the following manner: (1) The motion shall include as part of the title “determine secured status and strip junior lien on the debtor’s principal residence” and shall not be filed before the earlier of: (a) the date the affected creditor has filed a proof of claim; or (b) the expiration of the time to file claims (claims bar date). A premature motion to value will be denied without prejudice. (2) The motion shall: (a) clearly state: (i) if the secured claim consists of a mortgage, all known parties who may have an interest in the mortgage; (ii) the loan number (formatted as xxxx1234) and recording information of all mortgage lien(s) affected by the Motion; (iii) the legal description and street address of the subject property; (iv) the basis of the valuation – private appraisal, county valuation, or other; and (v) the balance due on and identity of the holder of all mortgages or liens senior or superior to the subject lien; (b) be verified, or supported by an affidavit or declaration (pursuant to 28 U.S.C. § 1746) of the debtor; (c) modify any applicable negative notice legend giving interested parties thirty (30) days, rather than twenty-one (21) days, to file an objection; (d) certify proper service on the following parties: (i) all parties identified in Bankruptcy Rule 7004(b); (ii) the person or party designated to receive notices on any proof of claim filed by an interested party; (iii) the attorney of record, if any, for such creditor; and (iv) the Chapter 13 Trustee. (B) The movant shall submit a proposed order no later than fourteen (14) days after the expiration of the thirty (30) day objection period. (C) The debtor’s Chapter 13 plan shall provide for the stripping off of the lien, conditioned on the debtor’s obtaining a discharge or upon further Order of the Court. (D) The movant must file a separate motion for each mortgage or lien it seeks to “strip.”

Source of truth

Notwithstanding the procedure for valuation of collateral of certain impaired claims in Chapter 12 and 13 plans pursuant to Local Rule 3012-1(B), actions to determine secured status and strip junior lien on the debtor’s principal residence in Chapter 13 cases shall be brought by

Official source: Bankr. N.D. Fla. — Northern District of Florida (U.S. Bankruptcy Court)
Source health: Healthy · checked October 4, 2026
Effective date: February 26, 2024
Last verified: September 26, 2026benchpath-appfed-flrules-2026-09-26

Change history

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