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Death of debtor in Chapter 13 Sorry to disagree, Davi=
This is my situation. Single chapter 13 debtor passes away just a few months shy of the five year on the lien strip. Heirs are the beneficiary of his trust. There is now substantial equity in the home after the strip becomes effective (if I can get there). So converting to chapter 7 is out of the question.
hip discharge anddeclare the plan performed? The lien strip order provides the lien strip is contingent upon the performance of the plan and entry of the discharge. I imagine I need to file a proceeding in Probate Court to obtain letters testamentary so the heirs can sign the necessary follow up documents in the bankruptcy case.
On Thursday, September 11, 2008 7:18 AM, James T. King wrote:
You are correct. That is the case and no you cant do it.trip----see previouse-mails. Jim King From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of CreightonStephens
Sent: Wednesday, September 10, 2008 11:10 AM
To: cdcbaa@yahoogroups. com
Subject: RE: [cdcbaa] Re: Death of debtor in Chapter 13 I seem torecall a case prohibiting lien stripping in Chapter 7 - in re Dewsnup...not sure of the spelling, from some time ago, Has anyonebeen successful in a Chapter 7 lien strip?
CreightonStephens
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CREIGHTONA. STEPHENS
ATTORNEY AND COUNSELOR AT LAW ARBITRATOR-MEDIATOR 179 CINDY AVENUE POST OFFICE BOX 3 NEWBURY PARK CA91319 PHONE: 805.504.2816 FAX: 805.830.1112 CASESQ@VERIZON. NET BANKRUPTCY @yahoogroups. com[mailto:cdcbaa@ yahoogroups. com] On Behalf Of David A. Tilem
Sent: Wednesday, September 10, 2008 6:30 AM
To: cdcbaa@yahoogroups. com
Subject: RE: [cdcbaa] Re: Death of debtor in Chapter 13 Thanks for the correction. Lienstrip would have to be repeated in C7, but res judicata, so should be unopposedmotion. David A.Tilem Certified BankruptcySpecialist* Law Offices of DavidA. Tilem (a debt relief agency) 206 N. Jackson Street,#201, Glendale, CA 91206alist cert. by State Bar of CA Bd of Legal Specialization. Law Offices of Louis J. Esbin
Sent: Monday, September 08, 2008 9:09 PM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Re: Death of debtor in Chapter 13 Sorry to disagree, David, lien strip is only final upon entry of the
discharge, not upon conversion and discharge. Complete Chapter 13
following hardship discharge. Lou
>
> When he dies, convert case to C7 to discharge debt.
> Lien strip is done so RP will go to heirs free of junior lien and
without
> discharged debt.
> You did not say anything about mtg arrearage so assuming there is
none.
> If there is, then heirs can do C13 based on equitable interest in RP and
> cure default through C13.
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
>
Behalf Of
> wolveklaw@.. .
> Sent: Thursday, September 04, 2008 12:52 PM
> To: cdcbaa@yahoogroups. com
> Subject: [cdcbaa] Death of debtor in Chapter 13
>
>
>
> Anyone have this experience? I have a single debtor in Chapter 13 who
> is in grave health and is not going to live much longer. I did a lien
> strip of his second. He is 24 months from discharge. The real property
> at issue is in a trust to go to his heirs. Can I do a request for a
> hardship discharge with the heirs paying off the plan? Looked at
> Bankruptcy Rule 1016 but was not sure if best interest included heirs
> who could then take the property free and clear from the 2nd. Thank you
> for your responses.
>
> Steven A. Wolvek, Esq.
> Law Offices of Steven A. Wolvek
> 23901 Calabasas Road, Suite 1063
> Calabasas, CA 91302
> 818-227-3379
> FAX 818-227-3383
> Web: wolveklaw.com
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