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Lien Stripping in a Chapter 7 allowed in 11th Circuit. . .

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    Lien Stripping in a Chapter 7 allowed in 11th Circuit. . .

    This just came across my desk. Have not read it yet but thought I would post a link. Hope it works. May come back to this issue later.

    The Eleventh Circuit has come through for consumer debtors on the issue of stripping off wholly unsecured liens in chapter 7. In In re McNeal, No. 11-11352, (11th Cir., May 11, 2012), the court found that once a lien is determined to be wholly unsecured under section 506(a) it may be stripped off under section 506(d), which provides […]


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    #2
    i suspect that mortgage companies will mount challenges to lien stripping on 7's, one would surely think... should be more to come on this one!
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #3
      Hopefully this comes our way, but I am not holding my breath. In cases where there are no funds (disposable income) available to the creditor in a 13 this should be a slam dunk. Of course its easy for me to state it that way as I would be included, so I wonder what facts swayed the decision.
      11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

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