Can someone please help me??

[jessegirl]

yes, the lien survives the Chapter 7.

Interesting "strategy". In other words, you need some reason to be in a Chapter 13, so you purposefully stop paying your first, only to cure it. (To me that sounds like "bad faith" right from the start.)

Which District are you in? Other than San Diego (Southern California), I've never read a sucessful post-BAPCPA Chapter 20 lien stripping case.

Have him cite 2 cases.

Doesn't matter what the Chapter 7 panel Trustee says. Actually, it doesn't matter what any Trustee says. It would likely go to hearing before the Judge (unless there is some stipulation or something).

That's good for lien stripping.

My actual issue is that people keep "hearing" from attorneys that they do this, but not one attorney has demonstrated 2 cases where it worked. That's why, when you're in doubt, have the attorney cite two of his cases where the Debtor successfully stripped a junior lien in a Chapter 20... post the BAPCPA amendments of 2005.

I want to see one for myself because I'm thinking I could have just gone that route! But, I haven't heard of one. (One exception, the one I posted above, but even that one failed.)

I totally hear what you are saying. I am going to ask him to show me 2 cases. I don't want to pay him 3800.00 and then have him tell me that I can't do it.

Yes, he told me that in order to strip the second mortgage lien, I would have to be in arrears in my first mortgage because I needed something to pay back in the chapter 13. He said that the lien would strip after the chapter 13 is satisfied.

I am going to call him now and ask him about all of what you said.

Wish me luck!

[UpsideDownMI]

Were you eligible for a 13 when you filed your 7? I'm trying to understand why you didn't file a 13 from the start. Another issue you may have now is your disposable income. You will have to commit your entire disposable income to your plan. Meaning you will most likely be paying far more than just arrears on your first mortgage. Like JB said, I would not go through with this unless you have proof that this has been done in your district more than once.

[justbroke]

Wish me luck!

I am wishing us ALL luck! But more to you right now!

[biotechsolution]

Ok, I just got off the phone with the attorney. He tells me yes, I can file a chpater 13 even though I was discharged in a chapter 7, 7 months ago. He says that being my second mortgage was discharged in the chapater 7, the lien survives on the house. The only way he says to strip the lein is to stop paying on my first mortgage so that I can have something to pay back in the chpater 13. I will stay in that for 5 years and then after its all paid back - meaning the 6 months of my 1st mortgage payment, the lien will also be stripped off the house once I finish my 5 years in chapter 13. Does that sound right? He tells me that he does it all the time.....Also, when I went to my 341 for the chapter 7, the stand in attorney told the trustee that my attorney is going to file a chapter 13 after the 7 is discharged to strip the lien. She said ok. Is it right or not? I don't want to pay all this money and then I can't do it.

I did owe 90K on the second mortgage. My first mortgage is about 70K more then what the house is worth.

I am really CONFUSED!!!

I agree with justbroke.

Once reason for the 2005 bankruptcy changes were to close the loophole on the Chapter 20 discharges.

Before you file your Chapter 13 I would ask your attorney for at least 2 cases where he has striped a 2nd mortgage in Chapter 13 filing right after a Chapter 7 filing after October 2005.

Because according to Federal Statues you are not eligible to receive a discharge. You would be in a 100% payback, which means your whole 2nd mortgage would have to be paid during the 5-year plan.

It would be waste to file the 13 then realize it couldn't be done. Your credit report would take another hit because that dismissed 13 would stay on for another 10 years.

Get the cases he has done so we can look them up PACER.