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Removing 2TD lien when debt has been discharge?

Posted: Thu May 28, 2015 3:58 pm
by Yahoo Bot

yes and be sure to mention it in the plan, too.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
yes and be sure to mention it in the plan, too.
The post was migrated from Yahoo.

Removing 2TD lien when debt has been discharge?

Posted: Thu May 28, 2015 3:45 pm
by Yahoo Bot

Gio, so the ch 13 debtor needs to file a lien strip motion to remove the jr lien of the discharged 2TD debt?
Thanks.Best regards,
Nancy Korompis
Tel: (626) 716-7763
This communication (including any attachments) is intended for use by the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail and delete all copies of the original communication. Thank you.
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To: "cdcbaa@yahoogroups.com"
Sent: Thursday, May 28, 2015 3:13 PM
Subject: Re: [cdcbaa] Removing 2TD lien when debt has been discharge?
11.
Giovanni Orantes, Esq.*Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial LitigationEstate PlanningOutside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.

The post was migrated from Yahoo.

Removing 2TD lien when debt has been discharge?

Posted: Thu May 28, 2015 3:13 pm
by Yahoo Bot

Correct. A Chapter 7 does not get rid of the lien itself. To eliminate
it, you have to specifically provide for it in a 13 or an 11.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
Correct. A Chapter 7 does not get rid of the lien itself. To eliminate it, you have to specifically provide for it in a 13 or an 11.--
The post was migrated from Yahoo.

Removing 2TD lien when debt has been discharge?

Posted: Thu May 28, 2015 3:10 pm
by Yahoo Bot

Dear listmates,
Ch 13 debtor wants to lien strip her 2TD that is wholly unsecured. In trying to verify the amount outstanding of 2TD, creditor informed us that the debt was already discharged in debtor's earlier chapter 7 filed over 4 years ago.
In such case, is it normally the case that the lien would also have been cancelled?
Alternatively, if the lien has not been cancelled, how can debtor get this lien removed? Should debtor still file a motion to avoid jr lien?
Thank you.Best regards,
Nancy Korompis
Tel: (626) 716-7763
This communication (including any attachments) is intended for use by the intended recipient(s) only and may contain information that is confidential, privileged or legally protected. Any unauthorized use or dissemination of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return e-mail and delete all copies of the original communication. Thank you.

The post was migrated from Yahoo.