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How Lien Stripping Differs From Lien Avoidance

By Cathy Moran, Esq. Filed Under: Real property

lien stripping

The draft of a lien avoidance motion my paralegal presented me was garbled.  Lien stripping concepts sat next to a cite to §522. I doubt my staff is alone in missing the critical differences between lien stripping under (or despite) §1322 and lien avoidance pursuant to §522(f). So let’s try some compare and contrast on […]

Filed Under: Real property

Hammered By Rule 3002.1

By Cathy Moran, Esq. Filed Under: Real property, Rule 3002.1

rule 3002.1 hammer

To my mind, Rule 3002.1 is the most powerful, most under-utilized tool in our tool box. And its power is coming to the fore as Chapter 13’s filed  during the Great Recession wind to a close. Don’t let your home-owning client leave Chapter 13 without a determination that they are current. Or, if they are […]

Filed Under: Real property, Rule 3002.1 Tagged With: 2017

Bankruptcy Sales Free And Clear

By Cathy Moran, Esq. Filed Under: Real property

property sale

Now that the real estate market in my area is improving, we are dusting off another of our little used skills to effect sales of property during a Chapter 13:  the sale free and clear of liens. The ability to sell property subject to disputes and continue the fight over a bank account, rather than […]

Filed Under: Real property

Mortgage Servicers In The Crosshairs

By Cathy Moran, Esq. Filed Under: Real property

battling mortgage servicers

The sign on my office door should read:  Armed and Dangerous Dangerous, anyway, if you are a mortgage servicer. I have a bunch more arrows in my quiver thanks to new bankruptcy rules and new regulations. Most of them relate to home ownership and mortgages. FRBP 3002.1 Sitting on my desk is a notice of […]

Filed Under: Real property

Surrendering Property in Bankruptcy

By Cathy Moran, Esq. Filed Under: Bankruptcy Practice, Real property

Apart from Selling your home in a stress-free manner, many things are revolving around properties that you need to know. Your client’s statement that he is surrendering property in his bankruptcy case is nothing more than a statement of future intentions.  Intentions can be changed, and action is required to actualize that intention. An intention […]

Filed Under: Bankruptcy Practice, Real property Tagged With: bankruptcy, Consumer, foreclosure, real estate, stay, surrender, transfer

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