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

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  • car67
    replied
    I am trying same approach but I am told if there is no discharge then the second remains as a lein?

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

    In May of 2009 I filed a Ch 7 and had all of my unsecured debt discharged and surrendered 4 rental properties. I received my discharge in August of 2009. I had a 2nd mortgage on my primary residence that was completely unsecured of about $100k (and was discharged in the Ch 7 but the lien remained) so I had my BK attorney file a Ch 13 to Avoid the Lien in February of 2010. The only things in my Ch 13 plan are Attorney Fees and Property Taxes which of course are being paid at 100% plus 10% tip for the Trustee.

    My question is once I finish my plan, when will I get a discharge. My attorney keeps saying there is none since I have already received the discharge in the Ch 7 filing. Does this all sound correct? The plan is 36 months and I'm current. I don't anticipate any problems finishing the plan.

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