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Do you need confirmation before lam or lien strip?

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    Do you need confirmation before lam or lien strip?

    Someone here mentioned the lien strip was approved even befor the 341. My lawyer said mine was postponed until confirmation?
    Discharge date: October 2017 (will it ever get here?)

    #2
    It depends on local procedures. More commonly it's the opposite: You need an order stripping the lien before your plan can be confirmed. If hearing on your petition to value lien is on the same date as your confirmation hearing, I bet the judge will rule on the petition to value lien before ruling on the confirmation.

    My 341, lien strip and plan confirmation all occurred on the same day. The lien strip order would have been issued earlier if my attorney hadn't forgotten to submitted the order.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Yep, it's all based on local rules and the judge him/herself. My judge usually handles all final hearings at the "final" confirmation hearing. That way, all the issues are tied up in a nice bow and then the judge issues the oral ruling on the confirmation. If your confirmation is taking forever, the judge could order a ruling on the lien strip as a matter of keeping things moving.

      In the supermajority of Districts, an order granting a lien strip is really only "pending" until discharge (or only valid at discharge). That's to prevent a lien strip without a discharge. There are some courts and cases where the lien strip was granted immediately (and recordable), and even cases (Chapte4 13s) where a lien strip was granted even in a case where there was no possible discharge (because of the rules on consecutive bankruptcy cases).

      Florida Districts typically satisfy all issues related to the case at the final confirmation hearing.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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