Getting Lien releases after Ch13 discharge

[goosebumps]

Perfect! yes I do see their bad reps so no overtly personal account info. Would a copy of the bk claim form to prove their claim was included in the bankruptcy help? I'll also cc my bankruptcy attorney who did the ch13. maybe that might nudge them. thanks again!

[justbroke]

Perfect! yes I do see their bad reps so no overtly personal account info. Would a copy of the bk claim form to prove their claim was included in the bankruptcy help? I'll also cc my bankruptcy attorney who did the ch13. maybe that might nudge them. thanks again!

A copy of their claim may be perfect. Mention, in the letter, that you attached a copy of their "unsecured" claim form as filed with the U.S. Bankruptcy court in your case.

[justbroke]

There's an awesome case from the chief judge in the Western District of Virginia. This is where a creditor that purposely filed an "unsecured" claim when they held an enforceable lien against property. The Court ruled in favor of the debtor that the lien is void under 11 USC 506(d). That case was also involving a "secure" judicial lien. Something to discuss with your prior attorney or during the new consultations.

http://www.vawd.uscourts.gov/OPINIONS/CONRAD/WHITEFIAOP.PDF

(Just a side-question... do you know how that creditor was treated by your Chapter 13 Plan? Was it listed as secured or not named in the Plan? Or, was it listed as something like Avoid Lien in the Plan? I'm just wondering how your Plan treated the creditor or if it was silent. If it was silent, that was probably because they filed as unsecured.)

[goosebumps]

That's extremely encouraging. The creditor in the official bk docs is listed as 'unsecured'. My mortgage arrears were listed as secured, and my IRS taxes were listed as priority, so I'm pretty sure its the right docs I'm looking at.

[LadyInTheRed]

You should be looking at the chap 13 plan and the order confirming plan.