Jae Ho Kim

This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
October 2010 F 4003-2.1.ORDER.RP	Page 1
Creditor Name: WELLS FARGO BANK
(Insert name of creditor holding lien to be avoided)
Pursuant to 11 U.S.C. § 522(f) and LBR 9013-1(o), Debtor(s) moved to avoid a judicial lien on real property claimed to be
exempt. THE COURT FINDS AND ORDERS AS FOLLOWS:
1. Notice of this motion complied with LBR 9013-1(o).
2. Hearing Information:
a. No hearing is required: Debtor(s) has filed a declaration (F 9013-1.9) stating that no opposition was timely
received.
b. A timely objection was received and a hearing was held as follows:
(1) Date:___________ (2) Time:________ (3) Courtroom: _____ (4) Judge: ___________
(5) The matter was Contested Uncontested Settled by Stipulation Not Prosecuted
(6) Debtor(s) present in court (Name): ________________________________________________________
(7) Attorney for Debtor(s) present in court (Name): _______________________________________________
(8) Attorney for Lienholder present in court (Name): ______________________________________________
(9) Other parties present as reflected in the court record
Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. &
Email Address
CHAMBERS PREPARED ORDER
Attorney for Debtor(s)
Debtor(s) appearing without attorney
FOR COURT USE ONLY
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA - LOS ANGELES DIVISION
CASE NO.: 2:12-bk-40245-RK
CHAPTER: 7
In re:
JAE HO KIM
ORDER ON MOTION TO AVOID LIEN UNDER
11 U.S.C. § 522(f) (REAL PROPERTY)
Debtor(s). [No hearing required]
FILED & ENTERED
DEC 06 2012
CLERK U.S. BANKRUPTCY COURT
Central District of California
BY DEPUTY CLERK	gae
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
October 2010 F 4003-2.1.ORDER.RP	Page 2
3. The real property to which this Order applies is as follows:
a. Street Address (specify): 603 S. McCadden Place, Los Angeles, CA 90005
b. Legal Description (specify): LOT 54 OF TRACT NO. 6388, IN THE CITY OF
LOS ANGELES, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 69, PAGES 53 AND 54, OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
See Attached Page
4. Recording information regarding lien to be avoided:
a. Date of recordation of lien (specify): _______________________________________
b. Recorder's instrument number or map/book/page number (specify): ______________________________
5. Motion granted:
a. The judicial lien sought to be avoided impairs an exemption to which Debtor(s) would otherwise be entitled
under 11 U.S.C. § 522(d)
b. The judicial lien is hereby declared void and unenforceable:
(1) In its entirety
(2) In the following amount only: $ ____ _________. The balance of $ ____________ remains a valid and
enforceable lien against the property.
6. Motion denied on the following grounds: With prejudice Without prejudice
a. Insufficient notice
b. Insufficient evidence of the exempt status of the property in question
c. Other (specify): The moving papers are deficient because (1) according to the proof of service, the Motion was
never served; (2) Debtor submitted no evidence of the fair market value of the subject property (i.e., no appraisal
or broker’s price opinion under penalty of perjury); (3) Debtor submitted no evidence that Bank of America has
unavoided liens on the subject property (i.e., no properly authenticated copy of trust deed with recordation
information); (4) Debtor submitted no evidence of the lien to be avoided (i.e., no properly authenticated copy of
trust deed or lien with recordation information); and (5) Debtor’s claimed homestead exemption is $0 on Schedule
C. Therefore, by definition, a zero exemption cannot be impaired by a lien.
7. The court further orders as follows (specify): See Attached Page
###
United States Bankruptcy Judge
DATED: December 6, 2012
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This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California.
October 2010 F 4003-2.1.ORDER.RP	Page 3
NOTICE OF ENTERED ORDER AND SERVICE LIST
Notice is given by the court that a judgment or order entitled: ORDER ON MOTION TO AVOID LIEN UNDER 11 U.S.C.
§ 522(f) (REAL PROPERTY) was entered on the date indicated as AEntered@ on the first page of this judgment or order
and will be served in the manner stated below:
1. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF) B Pursuant to controlling General Orders
and LBRs, the foregoing document was served on the following persons by the court via NEF and hyperlink to the
judgment or order. As of (date) December 6, 2012, the following persons are currently on the Electronic Mail Notice List
for this bankruptcy case or adversary proceeding to receive NEF transmission at the email addresses stated below.
• Dana M Douglas dmddouglas@hotmail.com
• Carolyn A Dye (TR) trustee@cadye.com, cdye@ecf.epiqsystems.com;atty@cadye.com
• David Marh marhlaw@yahoo.com
• Ramesh Singh claims@recoverycorp.com
• United States Trustee (LA) ustpregion16.la.ecf@usdoj.gov
2. SERVED BY THE COURT VIA UNITED STATES MAIL: A copy of this notice and a true copy of this judgment or
order was sent by United States mail, first class, postage prepaid, to the following persons and/or entities at the
addresses stated below:
Debtor
Jae Ho Kim
603 S. Mccadden Pl.
Los Angeles, CA 90005
Service information continued on attached page
3. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment or order which
bears an AEntered@ stamp, the party lodging the judgment or order will serve a complete copy bearing an AEntered@ stamp
by United States mail, overnight mail, facsimile transmission or email and file a proof of service of the entered order on the
following persons and/or entities at the addresses, facsimile transmission numbers, and/or email addresses stated below:
Service information continued on attached page
Case 2:11-bk-40245-RK Doc 23 Filed 12/06/12 Entered 12/06/12 11:59:23 Desc
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