Judge Zurzolo and Winitsky--Chapter 20
Posted: Sat Sep 15, 2012 4:19 pm
Its not downtown, but Judge Jury will tell me Monday at a confirmation hearing in Riverside what her position is for sure. She has tipped her hand to me that she will confirm on those exact facts. She did require me to file a brief showing that the Chapter 13 was in "good faith". Not really sure what she was looking for here but the whole story in this case was sympathetic, so I think I'll be fine. I'll let you know if I don't get confirmed Monday.
PS. You can get a clue of how the judges treat the issue in their Lien Strip Orders. If they REQUIRE that the lien not be stripped until completion of the payments AND entry of discharge, then you will have a tough go of it in the 13 where you can't get a discharge because of the earlier Chapter 7.
Jeff Smith
>
> Hello, I found this thread and am looking for updates on what judges down
> town allow a chapter 20 lien strip (chapter 13 after chapter 7 discharge.)
> In my case the debtors could use the chapter 13 to cure the arrears on the
> first but they would also like to strip the second. They just received a
> chapter 7 discharge a year ago.
>
> Any updates on which judges in LA down town allow this and which ones
> don't? Thank you.
>
> Holly Roark
> holly@...
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
>
> On Fri, Mar 2, 2012 at 10:26 AM, Mark J. Markus wrote:
>
> > **
> >
> >
> > Does Judge Zurzolo follow the Winitsky decision? (i.e. does he allow lien
> > stripping in a Chapter 13--both on a principal residence and rental proper
> > after a discharge has been granted in a Chapter 7)
> >
> > *************************
> > Mark J. Markus
> > Law Office of Mark J. Markus
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> > web: http://www.bklaw.com/
> > This Firm is a Qualified Federal Debt Relief Agency (see what this means
> > at
> > http://www.bklaw.com/bankruptcy-blog/20 ... efinition/
> > )
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The post was migrated from Yahoo.