I filed Chapter 7 in 2010 - Can I strip my 2nd ?

The 11th Circuit surprised the bankruptcy world recently when it ruled that Chapter 7 bankruptcy debtors could strip off wholly unsecured liens from their homes.

San Diego, CA -

Attorney Answers (4)

Scott Benjamin Riddle

Scott Benjamin Riddle

Bankruptcy Attorney - Atlanta, GA
Answered

You are not in the 11th Circuit in California. Even in the 11th Circuit, it is an unpublished opinion of a panel, not a published opinion, so it is not even binding in the Circuit. It also is contrary to most other courts. The world was not surprised, and even in the 11th Circuit you might not be able to do it.

Michael Raymond Daymude

Michael Raymond Daymude

Bankruptcy Attorney - Sherman Oaks, CA
Answered

Depending on the judge you may be able to lien strip your second in a Chapter 20, i.e., a newly filed Chapter 13 -- you cannot do it in the Ninth Circuit in a 7.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
Brian Crozier Whitaker

Brian Crozier Whitaker

Bankruptcy Attorney - San Diego, CA
Answered

It would be a lot less stressful to file a Ch13 and strip the lien that way than to reopen your Ch7 and try to convince one of our judges (who will disagree with you) that it can be done in a Ch7.

Dorothy G Bunce

Dorothy G Bunce

Chapter 7 Bankruptcy Attorney - Las Vegas, NV
Answered

Assuming you can qualify for lienstripping, it may be possible to strip your 2nd with a follow up Chapter 13 under what is commonly called a Chapter 20. Regrettably, lienstipping has not been accepted in Chapter 7 in the 9th Circuit, which includes California & Nevada. Hope this perspective helps!

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