Central District Consumer Bankruptcy Attorney's Association

I read that a debtor may strip off the 2nd deed of trust or mortgage using what used to be called a Chapter 20 (perhaps it still is)...
I am having trouble understanding howone can strip off a 2nd DT in a 13 for a debtor who just (within a few months)received a discharge ina 7.So becausedebtor already has a ch. 7 discharge he won't be liable for the 2nd DT once it is "stripped"? But doesn't he then have to prove that the home was valued less than the 1st DT at the time of filing the 7?
Any advice orthoughts on this matter would be appreciated.
Thanks!
Eva Taylor
Borowitz, Lozano & Clark
I read that a debtor may strip off the 2nd deed of trust or mortgage using what used to be called a Chapter 20 (perhaps it still is)...

I am having trouble understanding how one can strip off a 2nd DT in a 13 for a debtor who just (within a few months) received a discharge in a 7. So because debtor already has a ch. 7 discharge he won't be liable for the 2nd DT once it is "stripped"? But doesn't he then have to prove that the home was valued less than the 1st DT at the time of filing the 7?

Any advice or thoughts on this matter would be appreciated.

Thanks!


Eva Taylor
Borowitz, Lozano & Clark

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