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Why didn’t my attorney strip my 2nd mortgage in my Chapter 7 Bankruptcy filed last year?

A woman who had read my article in the Palm Beach Post regarding stripping 2nd mortgage liens in Chapter 7 Bankruptcy recently asked me this question. 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 were only issued in May of this year. You may contact your attorney. Then, you can see if it makes sense to reopen your case. Also, vacate the discharge, and move to strip this mortgage. Of course, everyone’s circumstances are different and there is no cookie-cutter approach that works for everyone.

If you have questions about foreclosure, loan modification, bankruptcy; or other alternatives, please feel free to call my office at 954-484-9987. Or, send an e-mail to emil@fleysherlaw.com, or complete the contact form below.

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