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Updated almost 9 years ago on . Most recent reply

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Christopher Winkler
  • Specialist
  • Dallas, TX
392
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900
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Is A 2nd Lien Really Stripped If the Chapter 13 Is Dismissed?

Christopher Winkler
  • Specialist
  • Dallas, TX
Posted

Has anyone seen this? A 2nd lien is stripped and the Chapter 13 is dismissed for failure to pay, and a week later, filed a Chapter 7 that was discharged. Would the stripping be void by the dismissal of the 13? 

Most Popular Reply

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385
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Patrick Desjardins
  • Real Estate Investor
  • Amherst, VA
399
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385
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Patrick Desjardins
  • Real Estate Investor
  • Amherst, VA
Replied
Originally posted by @Casey Mericle:

@Patrick Desjardins, yes I did read the entire thread.  I also have experience in exactly this scenario.  A simple answer can be the correct answer.  Talk to your attorney about reinstating the foreclosure.  The lien doesn't get crammed down until the last BK payment is made.  Dismissal = valid lien.

 Are you aware that people were stripping liens in a chapter 7 BK, which made his chapter 13 dismissal irrelevant? I think you should consult YOUR attorney about it. Sorry I don't mean to be flippant but trying to sum up an answer in 4 words, in complex BK cases, is just silly.

Go read my original response to his question, might help you.

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