Cram down and strip off of liens
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Cram Down A House
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How new jersey homeowners can
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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