Today is a special day!

[IBroke]

I checked my e-mail this morning and to my surprise, I got a message from my mother's attorney's office. I was told that something finally happened. Something we've been waiting for for months now and that something was the main purpose of my mum's filing:







Since it took more than three months from filing the Motion to its Granting, we were a bit nervous. I guess now, we can call it "Mission Accomplished".

BTW, the latest entry on Pacer on my mum's case reads "Approved Notice of Final Report - Chapter 7 Asset Closing" - so I guess it won't be too long before her entire case is completed. It just feels awesome to have this $160K-mortgage off our back - for good.

So yes, Lien Stripping in BK CH7 in our District really IS alive.

[justbroke]

Awesome, awesome, awesome! Chapter 7 lien stripping is STILL ALIVE in Florida!

[df04527]

Congrats! Good job...I know it has been quite a ride for you.

[ValleYum]

Wow!! I am so glad for you!!

[IBroke]

Thank You, folks!

[AngelinaCat]

CONGRATULATIONS!!! You and you Mum deserve a special one:

http://www.youtube.com/watch?v=f9aA_fba_To

[IBroke]

CONGRATULATIONS!!! You and you Mum deserve a special one:

http://www.youtube.com/watch?v=f9aA_fba_To

Hahaha...my Mum's second...

[keepmine]

Congrats here as well.
It looks like this applies to the entire 11th circuit.

http://blog.nolo.com/bankruptcy/2012/05/29/11th-circuit-allows-mortgage-lien-stripping-in-chapter-7-cases/

[justbroke]

It looks like this applies to the entire 11th circuit.

It is the precedent in the 11th Circuit and all lower courts (Alabama, Florida, Georgia) are compelled to comply.

[IBroke]

Congrats here as well.

Thanks!

http://blog.nolo.com/bankruptcy/2012...apter-7-cases/

The 11th Circuit Decision

In In Re McNeal, Case No. 11-11352 (11th Cir., May 11, 2012), the 11th Circuit ruled that a debtor could strip off a home lien in Chapter 7 bankruptcy if no part of the lien is secured by the home’s equity (this is referred to as being “wholly unsecured”).

I know it sounds crazy but on May 11, 2012, my only beloved brother died in a traffic accident. He always wanted us to keep our home by all means possible. Considering that virtually NOBODY expected such a ruling (strip in CH7), I sometimes wonder...but no, I know that's nonsense - but I can't help thinking about it once in a while.

Emotionally, the last 20 months were extremely difficult for us - especially for my mother. So today, when I reminded her of the fact that the ruling that made everything possible was on the same day my brother died, I wasn't surprised that she had to cry. It was a mix of emotions: Mostly sadness due to my brother's death but I think I also noticed some relief that the Motion was finally granted.

[AngelinaCat]

I know it sounds crazy but on May 11, 2012, my only beloved brother died in a traffic accident. He always wanted us to keep our home by all means possible. Considering that virtually NOBODY expected such a ruling (strip in CH7), I sometimes wonder...but no, I know that's nonsense - but I can't help thinking about it once in a while.

No, isn't nonsense. Both 'Hub and I have seen too many things in our lives. Simply give Thanks, and give your Mum and yourself multiple {{{{{HUGGSS}}}}}

[IBroke]

No, isn't nonsense. Both 'Hub and I have seen too many things in our lives. Simply give Thanks, and give your Mum and yourself multiple {{{{{HUGGSS}}}}}

Thanks, Angelina. I'll gladly "forward" the hugs to my mum...

[keepmine]

Folks in the 11th need to hustle if they want to stip a unsecured junior lein. Looks like this is going to be taken up by the Supreme Court.

http://www.ncbrc.org/blog/2013/12/13/petition-for-certiorari-filed-in-chapter-7-lien-stripping-case/#more-2142

[IBroke]

Folks in the 11th need to hustle if they want to stip a unsecured junior lein. Looks like this is going to be taken up by the Supreme Court.

http://www.ncbrc.org/blog/2013/12/13...ase/#more-2142

That's the reason why we were so nervous. Our attorney told us on day one that this opportunity is not likely to be there permanently.

[justbroke]

Folks in the 11th need to hustle if they want to stip a unsecured junior lein. Looks like this is going to be taken up by the Supreme Court.

It depends on whether the Supreme Court grants certiorari on the question of whether it is allowed. They have yet to accept the case, but they do take cases throughout their term. (It's typically 6 weeks from when the petition is filed and the Supreme Court usually grants or denies cert. It has now been six weeks since the petition was filed. I would still not give any weight to the 6 weeks as they could just be slow due to the holidays and the number of cases which they must comb through to find cases that merit review.)

In any event, I would take no chances and take advantage of this window of opportunity. The case could go either way but Bank of America is the one that has asked for cert since GMAC went into bankruptcy themselves (and were the original landmark case that is allowing lien stripping in Chapter 7s in the 11th Circuit -- In Re McNeal is the GMAC case, Sinkfield is the Bank of America case).

So, get them while they are hot!