Lien stripping is a Chapter 13 bankruptcy tool that allows people who are upside down (meaning your mortgage exceeds the value of your house) on their house to get rid of their junior liens such as second or third mortgages. Through a lien strip, the bankruptcy court essentially takes your second mortgage (which is a secured debt where the.

Bankruptcy law can seem dense and dry, but Warren saw pain, guilt and hope among those filing into bankruptcy court. The prospect of second chances appealed to. “If you’re not going to fix that.

Warren, 62, is a Harvard professor and perhaps the country’s top expert on bankruptcy law. Over the past four years. she will be spared the indignity of being tossed aside. She can’t be said to.

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Will a Second Mortgage Foreclose? In bankruptcy a motion to avoid a judicial lien can be filed in a Chapter 7 and Chapter 13 bankruptcy case. If the court finds that the judgment lien can be avoided then an order will be issued by the court. Once the lien is avoided in bankruptcy it is considered invalid.

It also means that there’s a slim chance (less than 3 percent) that you may not be eligible for bankruptcy. The newest bankruptcy law also lays out the following rules: Mandatory credit counseling within 180 days before filing bankruptcy. pay stubs received within 60 days prior to bankruptcy must be filed with the court.

Proposed New and Revised Local Bankruptcy Rules. The Board of Judges of the United states bankruptcy court for the Eastern District of New York is proposing new and revised Local Bankruptcy Rules and has requested that the proposals be circulated for public comment. The proposals are as follows: Proposed Revisions LBRs – blackline

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WASHINGTON — The Supreme Court said Monday it will decide whether homeowners who declare bankruptcy can void a second mortgage if the home’s market value has dropped below the amount.

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You can’t be sued after Chapter 7 for your second mortgage, but you still owe if you want to own your home outright.. After bankruptcy, do I owe on 2nd mortgage? Justin Harelik @Westgate_Law .

The Wall Street Journal reports that the Supreme Court ruled in favor of banks when it came to determining that struggling homeowners can’t get rid of a second mortgage using Chapter 7 bankruptcy.