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Avoidance of 2nd TD
don't believe there is jurisdiction to file a lam motion on property the debtor does not own.
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Sunday, February 26, 2012 6:00 PM
Subject: [cdcbaa] Avoidance of 2nd TD
PC is divorced and wants to avoid the junior lien through ch 13. His name is on the loan but is no longer on the title; was transferred to his ex-spouse who still revised at the residence b/c the debtor is disabled and contributes $2K each month. His ch 13 is already filed. Can he file the motion? or has to request a voluntary dismissal of the case, transfer the interest back and then refile.
Thanks.
The post was migrated from Yahoo.
PC is divorced and wants to avoid the junior lien through ch 13. His name is on the loan but is no longer on the title; was transferred to his ex-spouse who still revised at the residence b/c the debtor is disabled and contributes $2K each month. His ch 13 is already filed. Can he file the motion? or has to request a voluntary dismissal of the case, transfer the interest back and then refile.
Thanks.
The post was migrated from Yahoo.