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File the appropriate motions and tender clear, direct orders. The home valuation is thus a critical component of this process. Really concise Beverly as this topic can and often does confuse some people. Local Rule requires very specific information to be included in the motion and in the order avoiding the lien. Therefore, second and third mortgages, and so on, would no longer operate as a lien on homes. Here, we are talking about whether there is value in the property for a lien to attach to. Use the proper plan provision. Since it is then unsecured debt only a fraction will be repaid, and the remainder will be eliminated altogether. I particularly noted the suggestion to include a Special Plan Provision that details a release of lien. Having an experienced New Jersey bankruptcy attorney is therefore critical to ensure that your rights are adequately protected. This process applies to all subsequent mortgages as well. Give good notice to creditors. It is therefore important to obtain a certified appraisal of the home before even considering filing for chapter 13 bankruptcy protection. There is a difference between avoiding a lien under section f and treating a secured claim as wholly unsecured based on the value of the collateral.

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Description: The debtor may use section f to avoid a lien — to the extent the lien impairs an exemption. and only if the lien is — a judicial lien in Kentucky, judgment liens on real property . or a nonpossessory, nonpurchase-money security interest in household goods and other property described in f 1 B. Conflicting appraisals can result in extensive negotiations and an expensive legal battle. There is no federal or local rule describing how to actually make the lien go away after the debtor gets a discharge. The Code does not refer to cramdown, strip down, strip off, lien-stripping, or any other familiar, descriptive terminology, but these terms generally refer to the process of valuing the collateral under 11 U. Creditors might argue that it takes an adversary proceeding to strip off a lien, and some courts have so held. First, individuals would be required to file for chapter 13 bankruptcy protection and make reduced monthly payments through a chapter 13 plan for a period of three to five years before the mortgages are discharged. File the appropriate motions and tender clear, direct orders. An allowed claim is secured only to the extent of the value of the property to which the lien attaches. the remainder of the claim is considered unsecured. The judgment lien does not necessarily have to be junior to all other non-avoidable liens. Here, we are talking about whether there is value in the property for a lien to attach to. Local Rule requires very specific information to be included in the motion and in the order avoiding the lien. You are not using section f to avoid the lien. Then at the end of the case, make sure the affected creditors release their liens. However, the first mortgage can never be crammed-down or stripped-off.
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