Cram down and strip off of liens








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How should a claim be treated in the plan if there is no value in the collateral for the lien to attach to. Creditors might argue that it takes an adversary proceeding to strip off a lien, and some courts have so held. To avoid having their junior mortgages stripped-off, banks often obtain their own certified appraisals. Local Rule requires very specific information to be included in the motion and in the order avoiding the lien. If your home is underwater or if you have questions regarding bankruptcy filings, our New Jersey bankruptcy attorneys can help. However, the first mortgage can never be crammed-down or stripped-off. Great information, as always.

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Lien Stripping In Chapter 13

This process applies to all subsequent mortgages as well. You are not using section f to avoid the lien. What is the value of the secured claim of the lienholder who is totally underwater. Since it is then unsecured debt only a fraction will be repaid, and the remainder will be eliminated altogether.

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Ask a new jersey attorney

By listing the creditor in the plan, the claim will be treated as unsecured, but that does not actually avoid the lien. Liens that can be stripped off could be second or third mortgages. second liens on cars. judgment liens on property that is already fully encumbered. The debtor must file a separate motion and get an order avoiding the lien. I particularly noted the suggestion to include a Special Plan Provision that details a release of lien. What is the value of the secured claim of the lienholder who is totally underwater.

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Description: In those instances, the trustee and in some instances the debtor either directly or derivatively has the power to avoid transfers, including the granting of a security interest or the perfection of a lien. This process applies to all subsequent mortgages as well. Therefore, second and third mortgages, and so on, would no longer operate as a lien on homes. The latter is colloquially referred to as lien-stripping, but often it is erroneously considered a lien avoidance action, which causes confusion as to how the claim is to be treated in the plan. Here, we are talking about whether there is value in the property for a lien to attach to. File the appropriate motions and tender clear, direct orders. This means that homeowners who have multiple mortgages on their primary residence can take their mortgages and make them unsecured debt, thereby stripping-off all junior liens. Liens that can be stripped off could be second or third mortgages. second liens on cars. judgment liens on property that is already fully encumbered. Treating the claim as unsecured in the plan does not necessarily get the lien released at the conclusion of the case.
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