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13 After 7 to Strip 2nd

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    13 After 7 to Strip 2nd

    I've seen a few people talking about doing a 13 after a 7 to strip the 2nd lien - how soon after you're discharged from a 7 can that be done?
    Filed C7: 03/09/09
    341: 04/30/09
    Discharged 6/30/09!!!

    #2
    If you have already done the ch7, could you try to negotiate with the holder of the 2nd, since you are now free of it?
    1/15/10 Filed ch7 2/18/10 314 meeting
    2/22/10 Report of No Distribution
    4/20/10 Discharged 5/20/10 Closed!

    Comment


      #3
      Originally posted by pcn View Post
      If you have already done the ch7, could you try to negotiate with the holder of the 2nd, since you are now free of it?
      This will not work. The problem is, you cannot receive a discharge if the Chapter 13 is within 4 years of filing the Chapter 7. The only reason people do the so-called Chapter 20, is to shed all their unsecured debt in a quick Chapter 7... then file a Chapter 13 for fix arrears and/or IRS tax issues.

      Stripping a 2nd in a Chapter 13 that was filed immediately after a Chapter 7 (or less than 4 years after), is useless.
      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.

      Comment

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