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IN THE UNITED STATES BANKRUPTCY COURT <br />DISTRICT OF NEBRASKA <br />IN THE MATTER OF: <br />BENJAMIN L. MARTIN and <br />ALISON S. MARTIN, <br />Debtor(s). <br />Case No. BK09-41762 <br />(Chapter 7) <br />20190448N <br />MOTION TO AVOID LIEN regarding <br />BANK OF AMERICA HOME LOANS and assignee, SPECIALIZED LOAN SERVICING <br />with NOTICE OF OBJECTION and CERTIFICATE OF SERVICE <br />COMES NOW, Debtor(s), Benjamin and Alison Martin, by and through their Attorney, <br />James H. Truell and motions the Court to avoid the lien of Bank of America Home Loan and assignee, <br />Specialized Loan Servicing. <br />On June 23, 2009 the above mentioned debtors filed a Chapter #7 Bankruptcy and <br />Bank of America Home Loans was listed as a secured claim on Schedule D. <br />Bank of America Home Loans is a second mortgage in the amount of $43,009.66. <br />Bank of America Home Loans was contacted to request a Reaffirmation Agreement <br />and was told that they did not need nor do Reaffirmation Agreements. A Reaffirmation Agreement <br />was therefore not provided by Bank of America Home Loans. <br />The value of the real estate, at time of filing $252,000.00; <br />Debt with 1s` mortgage holder, Wells Fargo Home Mortgage $192,325.40 <br />$ 59,674.60 <br />The debt with Bank of America Home Loans and assignee Specialized Loan Servicing <br />impedes the debtor's homestead exemption as stated in R.R.S. § 40-101_ <br />Debtors received a Discharge on October 15, 2009. <br />WHEREFORE, Debtors pray that the Court will grant an Order to Avoid Lien. <br />NOTICE OF OBJECTION AND RESISTANCE DEADLINE <br />Please take notice that on July 1, 2019, a Motion to Avoid Judgment Lien was filed <br />with the United States Bankruptcy Court for the District of Nebraska. Anyone who desires to object <br />or resist said Motion shall have until July 22, 2019, to file an objection or resistance with the Clerk <br />