Is it possible to undo a Chapter 7 discharge in order to
Posted: Sat Jun 12, 2010 12:45 pm
Thank you. This is truly fantastic information!
Jacob D. Chang, Esq.
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On Sat, Jun 12, 2010 at 8:23 AM, P L wrote:
>
>
> 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 a fully 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. I expect 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
> allowed secured claim against estate property (residence) and becomes a
> general usecured 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 you file a declaration regarding
> how you changed it. I used the following declaration and changed the plan
> accordingly:
>
>
> *DECLARATION OF DEBTOR PURSUANT TO LOCAL BANKRUPTCY RULES 3015(b)(4)
> AND 9009-1(b) REGARDING LANGUAGE IN DEBTORS PLAN *
>
> DIFFERING FROM THE COURT-MANDATED PLAN
>
> I, DEBTOR, declare the following of my own knowledge to which I will
> testify if called to do so:
>
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