Comments for WWR Bankruptcy > Your Bankruptcy News & Information Source http://wwrbankruptcy.com WW&R Bankruptcy practice group of Weltman, Weinberg & Reis, the nation's largest creditor's rights law firm, is your source for bankruptcy news and information. We are committed to helping clients thrive in these ever changing times. Thu, 19 May 2011 01:39:56 +0000 hourly 1 http://wordpress.org/?v=3.2.1 Comment on Lien Stripping Prohibited If Debtor Is Ineligible For Discharge by William Mackin http://wwrbankruptcy.com/2011/04/07/lien-stripping-prohibited-if-debtor-is-ineligible-for-discharge/comment-page-1/#comment-483 William Mackin Thu, 19 May 2011 01:39:56 +0000 http://wwrbankruptcy.com/?p=383#comment-483 There is no "majority" rule on this issue. There are as many courts permitting post-BAPCPA "chapter 20" lien strips when the debtor is not eligible for a discharge in the chapter 13 case as there are courts that hold otherwise. See, e.g.: In re Fair, 2011 WL 1486021 (E.D.Wis. April 19, 2011) In re Waterman, 2011 WL 1337151 (Bankr.D.Colo. April 7, 2011) In re Frazier, 2011 WL 1206198 (Bankr. E.D. Cal. March 31, 2011) In re Davis, 2011 WL 1237638 (Bankr. D.Md. March 30, 2011) In re Pollard, 2011 WL 576599 (Bankr. D. Md. February 9, 2011) In re Hill, 440 B.R. 176 (Bankr. S.D. Cal. 2010) In re Tran, 431 B.R. 230 (Bankr. N.D. Cal. 2010) In re Casey, 428 B.R. 519 (Bankr. S.D. Cal. 2010) In re Burnett, 427 B.R. 517 (Bankr. S.D. Cal. 2010) In re Grignon, 2010 WL 5067440 (Bankr. D.Or. Dec.7, 2010) In re Jazo, 2010 WL 3947303 (Bankr.S.D.Cal. Sept.28, 2010) In re Hart, 09 CV 1017 JLS (S.D.Cal March 1, 2010) (unreported) There is no “majority” rule on this issue. There are as many courts permitting post-BAPCPA “chapter 20″ lien strips when the debtor is not eligible for a discharge in the chapter 13 case as there are courts that hold otherwise. See, e.g.:

In re Fair, 2011 WL 1486021 (E.D.Wis. April 19, 2011)

In re Waterman, 2011 WL 1337151 (Bankr.D.Colo. April 7, 2011)

In re Frazier, 2011 WL 1206198 (Bankr. E.D. Cal. March 31, 2011)

In re Davis, 2011 WL 1237638 (Bankr. D.Md. March 30, 2011)

In re Pollard, 2011 WL 576599 (Bankr. D. Md. February 9, 2011)

In re Hill, 440 B.R. 176 (Bankr. S.D. Cal. 2010)

In re Tran, 431 B.R. 230 (Bankr. N.D. Cal. 2010)

In re Casey, 428 B.R. 519 (Bankr. S.D. Cal. 2010)

In re Burnett, 427 B.R. 517 (Bankr. S.D. Cal. 2010)

In re Grignon, 2010 WL 5067440 (Bankr. D.Or. Dec.7, 2010)

In re Jazo, 2010 WL 3947303 (Bankr.S.D.Cal. Sept.28, 2010)

In re Hart, 09 CV 1017 JLS (S.D.Cal March 1, 2010) (unreported)

]]> Comment on When Spouses Cannot Strip Mortgage Liens in Bankruptcy by What’s Happening In The World of Bankruptcy « That Credit Union Blog http://wwrbankruptcy.com/2011/04/13/when-spouses-cannot-strip-mortgage-liens-in-bankruptcy/comment-page-1/#comment-468 What’s Happening In The World of Bankruptcy « That Credit Union Blog Mon, 02 May 2011 20:23:40 +0000 http://wwrbankruptcy.com/?p=397#comment-468 [...] up that article with another one focused on barriers to stripping wholly unsecured liens on April 13th, “When Spouses Cannot Strip Mortgage Liens in Bankruptcy.” (link to [...] [...] up that article with another one focused on barriers to stripping wholly unsecured liens on April 13th, “When Spouses Cannot Strip Mortgage Liens in Bankruptcy.” (link to [...]

]]> Comment on Lien Stripping Prohibited If Debtor Is Ineligible For Discharge by What’s Happening In The World of Bankruptcy « That Credit Union Blog http://wwrbankruptcy.com/2011/04/07/lien-stripping-prohibited-if-debtor-is-ineligible-for-discharge/comment-page-1/#comment-467 What’s Happening In The World of Bankruptcy « That Credit Union Blog Mon, 02 May 2011 20:21:56 +0000 http://wwrbankruptcy.com/?p=383#comment-467 [...] debtors may or may not be able to strip mortgage liens. According to a client advisory she wrote on April 7th, “Chapter 13 debtors who are ineligible for a discharge may not strip mortgage liens, even if [...] [...] debtors may or may not be able to strip mortgage liens. According to a client advisory she wrote on April 7th, “Chapter 13 debtors who are ineligible for a discharge may not strip mortgage liens, even if [...]

]]> Comment on Mortgage Cram Downs in Bankruptcy: Congress Creating More Questions Than Answers by mark nordlicht http://wwrbankruptcy.com/2009/03/09/mortgage-cram-downs-in-bankruptcy-congress-creating-more-questions-than-answers/comment-page-1/#comment-427 mark nordlicht Tue, 15 Feb 2011 11:06:32 +0000 http://wwrbankruptcy.com/?p=160#comment-427 While we're discussing Mortgage Cram Downs in Bankruptcy: Congress Creating More Questions Than Answers WWR Bankruptcy > Your Bankruptcy News & Information Source, A large number of lenders will need a minimum of a 15% deposit, whilst other people will ask for far more. Nonetheless for first time buyers you will find a few banks and building societies which will accept a 5% deposit. While we’re discussing Mortgage Cram Downs in Bankruptcy: Congress Creating More Questions Than Answers WWR Bankruptcy > Your Bankruptcy News & Information Source, A large number of lenders will need a minimum of a 15% deposit, whilst other people will ask for far more. Nonetheless for first time buyers you will find a few banks and building societies which will accept a 5% deposit.

]]> Comment on Eligibility For Relief in Chapter 13: Debt Limits — Proposed Legislation by Anika http://wwrbankruptcy.com/2009/02/21/eligibility-for-relief-in-chapter-13-debt-limits-proposed-legislation/comment-page-1/#comment-181 Anika Tue, 23 Feb 2010 20:27:11 +0000 http://wwrbankruptcy.com/?p=121#comment-181 Thank you. I have been looking for proposed legislation to this end. Has this been formally submitted? An amendment to this effect would be extremely helpful for debtors seeking relief. In fairness I think that an amendment should also include an exception for debtors whose debt limitations are exceeded because of a primary residence, regardless of whether it is undersecured. In all likelihood, most real property of debtors currently seeking relief through bankruptcy will be undersecured. I see the issue as preclusion of a bankruptcy option for debtors living in markets where the cost of a home far exceeds the average. Do you know what the revised amounts will be in April? Thank you. I have been looking for proposed legislation to this end. Has this been formally submitted? An amendment to this effect would be extremely helpful for debtors seeking relief. In fairness I think that an amendment should also include an exception for debtors whose debt limitations are exceeded because of a primary residence, regardless of whether it is undersecured. In all likelihood, most real property of debtors currently seeking relief through bankruptcy will be undersecured. I see the issue as preclusion of a bankruptcy option for debtors living in markets where the cost of a home far exceeds the average. Do you know what the revised amounts will be in April?

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