Fwd: Ch. 20 (or 18) lien strips and paying discharged
Posted: Wed Oct 26, 2016 1:26 pm
I need the 11 to reamortize the loan over 30 years to get a lower
monthly payment. That can't be done in a 13 (at least not the way I
read it).
I haven't fully read the ROSA case yet, but it seems like the
allusion to Chapter 11 is to 1111(b) election, which is quite
different than mandating the unsecured portion be treated as an
allowed claim in the Plan.
I can negotiate with the secured creditor to deal with the 1111(b)
possibility, but it's a different story if he APR is implicated
because that affects all unsecured creditors.
On 10/26/2016 1:00 PM, Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
>
>
> Maybe a 13 would suffice since the debt limits don't apply to
> discharged debt in a 13 per the same case or another note in Judge
> Bason's procedures.
>
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The post was migrated from Yahoo.