Can you strip a collection lien in ch. 7?

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a 2nd mortgage lien also can be stripped at the same time?

Attorney Answers

4
Michael Salanick ·
11 USC 522(f) can be used to strip Judgment Liens in a Chapter 7 case, depending on various factors and depending on whether you have exemptions available to protect assets and/or whether there is equity in a home that you own and whether the judgment creditor is secured by the equity in your home. Currently, a 2nd mortgage cannot be avoided/stripped in a Chapter 7 case, no....matter...what. For more information visit: www.salanicklaw.com
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Stephen Trezza ·
you can not strip a second lien in chapter 7 unless you live in the 10th circuit, they recently issued a ruling allowing it, In Re McNutt
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Dorothy Bunce ·
You can avoid a judgment lien in a Chapter 7. The use of the term strip is technically incorrect, and as lawyers, we are all about technicalities. The timing & the process to avoid the judgment lien is crucial. I have seen inexperienced or careless attorneys have to try try again to get this right. As to 2nd mortgages, they can be stripped only in Chapter 13 at this time, & to accomplish this the 1st mortgage must be larger than the property value. There are strategies to settle the 2nd mortgage after a Chapter 7, but this is an art, not something that is legally guaranteed. Hope you retain the best attorney in your community!
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Kathryn Tokarska ·
If you are looking to strip mortgage you need to look at chapter 13, the other lien an also be addressed one way or another in chapter 13.
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