Western District of New York Pre-Motion Conference Requirements

CRITICALCivil cases

Lien avoidance under other Bankruptcy Code provisions must be sought by adversary proceeding under Rule 7001(2).

Lien avoidance under any other SA provision of the Bankruptcy Code must be sought by adversary proceeding, as required by Rule 7001(2) FRBP.

CRITICALCivil cases

Lien avoidance under 11 U.S.C. § 506 or 522(f) must be sought by stand-alone motion.

If a lien is to be avoided, a stand−alone motion must be brought under 11 U.S.C. § 506 or 522(f).

CRITICALCivil cases

Requests to determine the value of a secured claim must generally be brought by stand-alone motion under 11 U.S.C. § 506.

Except as indicated hereafter, all requests to determine the value of a secured claim must be brought by stand−alone motion under 11 U.S.C. § 506.

WARNINGCivil cases

A stand-alone motion is not required when the secured-claim value is fixed or negotiated under the stated conditions and the valuation is entered into the record at confirmation or by filed stipulation.

A stand−alone motion is not required if the value of a secured claim is fixed M at the Meeting of Creditors at a value equal to or greater than the valuation set forth in the Plan or is negotiated by the Debtor and the affected creditor at the Section 341 Meeting of Creditors, and such valuation is made a part of the record at the confirmation hearing or by stipulation filed on the docket.]