Ch 13 dismissed after 2nd mortgage lien strip
Posted: Wed Feb 24, 2010 11:41 am
1) No - order is moot -- dismissal restores the status quo ante.
2) If you file a Chapter 7, the second will survive though only in rem -
that is, the lender can recover only if the property appreciates enough in
the future.
On Wed, Feb 24, 2010 at 11:37 AM, vlelaw wrote:
>
>
> Encountered my first case of getting a chapter 13 confirmed in WH and then
> dismissed because it was over the unsecured debt limits after the Lam motion
> succeeded. I understand the issue is up on appeal.
>
> Two questions:
>
> 1) Since the plan was confirmed, does that mean the second is now
> unsecured?
>
> 2) Since case was dismissed, not discharged, can I now file a chapter 7 and
> list all the debts from the chapter 13 again, including the newly unsecured
> second?
>
> Vernon L. Ellicott, Esq.
> Certified Family Law Specialist
> California State Bar Board of Legal Specialization
> A Bankruptcy and Family Law Firm
> Law Offices of Vernon L. Ellicott
> 100 E. Thousand Oaks Blvd., Suite 147
> Thousand Oaks, CA 91360
> (805) 446-6262 phone
> (661) 222-2922 phone
> (805) 446-6264 fax
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
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1) No - order is moot -- dismissal restores the status quo ante.2) If you file a Chapter 7, the second will survive though only in rem - that is, the lender can recover only if the property appreciates enough in the future.
On Wed, Feb 24, 2010 at 11:37 AM, vlelaw <vle@vlelaw.com> wrote:
Encountered my first case of getting a chapter 13 confirmed in WH and then dismissed because it was over the unsecured debt limits after the Lam motion succeeded. I understand the issue is up on appeal.
Two questions:
1) Since the plan was confirmed, does that mean the second is now unsecured?
2) Since case was dismissed, not discharged, can I now file a chapter 7 and list all the debts from the chapter 13 again, including the newly unsecured second?
Vernon L. Ellicott, Esq.
Certified Family Law Specialist
California State Bar Board of Legal Specialization
A Bankruptcy and Family Law Firm
Law Offices of Vernon L. Ellicott
100 E. Thousand Oaks Blvd., Suite 147
Thousand Oaks, CA 91360
(805) 446-6262 phone
(661) 222-2922 phone
(805) 446-6264 fax
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Phone: (888) 619-8222 x101Fax: (877) 789-5776
e-mail: go@gobklaw.comwebsite: www.gobklaw.comWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein.
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