Avoidance of 2nd TD
Posted: Mon Feb 27, 2012 10:10 am
don't believe there is jurisdiction to file a lam motion on property the debtor does not own.
d
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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.
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