Also, simply filing for Chapter 7 bankruptcy does not get rid of liens. Therefore, second and third mortgages, and so on, would no longer operate as a lien on homes. Section of the Bankruptcy Code acknowledges that a lien is only a secured claim to the extent there is value in the asset to which it attaches. But keep in mind that you cannot avoid statutory liens such as a tax lien or consensual liens such as a mortgage on your home or your car in Chapter 7 bankruptcy. If Joan files for Chapter 13 bankruptcy, she can get rid of her second mortgage through lien stripping.
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Cramming Down Mortgage Liens: The Plot Thickens

Baran Bulkat , Attorney. First American Bank, F. Other important contributions along the way include: In re McDonald , F. Moran Law Group is a debt relief agency according to the U. And you might be able to cram down loans on investment real estate.
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What You Need To Know About Liens In Bankruptcy

Finally, the author would like to thank his friends and family for their encouragement and support. Since United had notice of the plan and failed to object, United was barred from appeal. The Emory Law School curriculum is attuned to the needs of the legal profession and the universe of careers engaged with the law. The Law Offices of Craig D. Therefore, it is imperative to determine if Bankruptcy Rule applies to the strip-off of a wholly unsecured junior mortgage. The interpretation of this decision created a split among the circuit courts.
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If the incorrect procedure is used, the creditor whose lien was stripped off could contest the strip-off after the court has confirmed the plan. It is not, however, necessary for that redress to occur before a lien that is wholly underwater can be stripped off even in chapter 7. In practice, the differences between adversary proceedings and contested matters are unclear. When you strip a junior lien, it is treated as an unsecured debt like medical bills or credit cards in your bankruptcy. There is no consensus on whether Rule or Rule applies to strip-off. It is a view that trivializes the idea of substantive goals in bankruptcy, separate and apart from state law. Rule does not apply to strip-off and a separate motion is required to comply with Rule
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Cram down and strip off of liens

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