Why didn’t my attorney strip my 2nd mortgage in my Chapter 7 Bankruptcy filed last year?
Written by Emil Fleysher | July 23, 2012 | Bankruptcy
I was recently asked this question by a woman who had read my article in the Palm Beach Post regarding stripping 2nd mortgage liens in Chapter 7 Bankruptcy. She states that she saw in my article that “a new case allows the 2nd mortgage to be stripped off with a Chapter 7 Bankruptcy” and that her bankruptcy attorney filed her Ch. 7 Bankruptcy last year without stripping off the 2nd mortgage. She goes on to ask “what do you know that my attorney did not know?”
I replied with the following:
Thank you for contacting me with your question. It doesn’t sound like your attorney missed anything in your case since you filed last year. The case that enables Chapter 7 debtors to discharge & strip unsecured 2nd mortgage liens was only issued in May of this year. You may contact your attorney and see if he it makes sense to reopen your case, vacate the discharge, and move to strip the 2nd mortgage. Of course, everyone’s circumstances are different and there is no cookie cutter approach that works for everyone.
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