Is it possible to undo a Chapter 7 discharge in order to =
Posted: Sat Jun 12, 2010 8:23 am
You might be able to stick your hand in a blender, but its not a good idea to try.
No discharge is required in Chapter 13 to stip off afully undersecured second on residence. I have this fact pattern pending before VZ now; judge granted motion to determine secured value of claim 506(a) and to stay payments to the second note/trust deed claim,plan confirmation is on consent calendar for 6/14, and I requested default on the 506(d)complaint to void the trust deed. Iexpect judge will grant motion for default judgment.
Despite the fact that the debtor has already been discharged of personal liability throught the Chapter 7, the second note/trust deed starts as an allowedsecured claimagainst estate property (residence) and becomes a generalusecured claim after the 506(a) motion and 506(d) judgment are granted so your plan must provide for payments.
You will need to alter the mandatory Chapter 13 plan form slightly, this is allowed under 3015-1(b)(4) provided that youfile a declaration regarding how you changed it. I used the following declaration and changed the plan accordingly:
DECLARATION OFDEBTOR PURSUANT TO LOCAL BANKRUPTCY RULES 3015(b)(4) AND 9009-1(b) REGARDING LANGUAGE IN DEBTORS PLAN
I, DEBTOR, declare the following of my own knowledge to which I will testify if called to do so:
The post was migrated from Yahoo.