Filed a Chapter 13 100% Secured Creditor Payback after a Ch 7 Discharge

[BrianBMS]

Bio,

No, I didn't realize that. I only know what I read in the motion giving the creditor time to respond after being filed last May. They did not show at the hearing or object at the hearing. The motion was granted. I'm not even close to being an expert but why would a creditor spend time and money to reopen a case where the debt was discharged from the previous Ch 7 case and there is no equity to be had. They will just get a worthless lien on a homesteaded property. What exactly would the AP claim? I'm learning as I go here, so sorry if my questions seem simplistic.

Thanks for the responses,
Brian

[justbroke]

What exactly would the AP claim? I'm learning as I go here, so sorry if my questions seem simplistic.

It will claim that in the 11th Circuit Court of Appeals (Florida, Alabama, Georgia), you cannot receive a discharge in a serially filed Chapter 13 by operation of law (in 11 USC 1328). Consequently, because of the case of In Re Nobelman and maybe In Re Tanner, you cannot have the lien strip "stick" without an actual discharge. Most of the Divisions and Districts within Florida have clarified how the Order granting the lien strip should read. The fact that the attorney may have filed a non-compliant order and the judge signed in, may be a simple oversight.

Again, it would be up to the creditor to challenge, but you probably won't here much until you go to sell or refinance the property.

11 USC 1328 (f) Notwithstanding subsections (a) and (b), the court shall not grant a discharge of all debts provided for in the plan or disallowed under section 502, if the debtor has received a discharge...