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Chapter 20 lien stripping - Judge Riblet position
For what it's worth, Winitzky just says that you can't propose a 3 year plan immediately after the 7 and strip the lien because doing so violates 1328(f).
Section 1328(f) only says that you can't receive a discharge less than 4 years after receiving a discharge in a Chapter 7 case. So it seems to me you should still be able to do a 4 or 5 year plan in the valley and strip the lien, so long as debtor agrees to commit 100% of PDI over the 4 or 5 year period. Or you could wait a year, then do a three year plan, assuming the property value does not rise enough to prevent a lien strip.
For a debtor who still doesn't have much disposable income after the Chapter 7 case but really wants to keep the house, this could make sense--especially on large second liens that are wholly unsecured. In most situations, debtors are unlikely to pay off a second lien that quickly if they don't do the Chapter 13.
>
> Anyone know if Judge Riblet has taken a position on lien stripping in a Chapter 20 situation? Has she concurred with the Valley Judges in the Winitzky decision that does not allow lien stripping of entirely undersecured juniour trust deeds in Chapter 13's filed after Chapter 7 discharge of the debt?
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> Mark Jessee
>
The post was migrated from Yahoo.
Judge Kwan is a debtor's attorney. Peter put some great verbiage out on the blog that you would probably be able to use for the Chapter 20.erference with creditors before on my cases where Albert will allow creditors great leniency.
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How about Judge Kwon?
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On Mon, Jun 21, 2010 at 11:22 PM, Mark Jessee wrote:
>
>
> Anyone know if Judge Riblet has taken a position on lien stripping in a
> Chapter 20 situation? Has she concurred with the Valley Judges in the
> Winitzky decision that does not allow lien stripping of entirely
> undersecured juniour trust deeds in Chapter 13's filed after Chapter 7
> discharge of the debt?
>
> Mark Jessee
>
>
>
How about Judge Kwon?Jacob D. Chang, Esq.Law Offices of Jacob D. Chang1600 Wilshire Boulevard, Third FloorLos Angeles, CA 90017Tel: (213) 252-4440Fax: (213) 738-1116Email:
The post was migrated from Yahoo.
Anyone know if Judge Riblet has taken a position on lien stripping in a Chapter 20 situation? Has she concurred with the Valley Judges in the Winitzky decision that does not allow lien stripping of entirely undersecured juniour trust deeds in Chapter 13's filed after Chapter 7 discharge of the debt?
Mark Jessee
The post was migrated from Yahoo.