lien stripping

Chapter 20 Bankruptcy Practice Before Judge Robin Riblet

I was present in Court on January 11, 2013 when Judge Robin Riblet, Central District of California, Northern Division, explained her views of so-called "Chapter 20" bankruptcy lien stripping and reviewed various authorities.  I have written a short blog post on our main website describing those views and reviewing the cases cited.

This issue must be decided by the Ninth Circuit.  We now have a distinct and wide chasm between the San Fernando Valley Division and the Northern Division.  We have a dramatic split between various courts around the country.  The Eighth Circuit in In re Fisette, (8th Cir. BAP 2011) 455 B.R. 177 did not actually address the merits of this issue.

Lien Stripping in Chapter 13 Bankruptcy

You may have heard that Chapter 13 bankruptcy proceedings allow some homeowners to "strip" off second mortgages or home equity lines of credit.  You may not realize that the procedure used to do so varies by United States District, Divisions within each District, and might even vary by bankruptcy judge.  Make sure you hire a bankruptcy lawyer experienced in the complexities and variations in Chapter 13 lien stripping.