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ABI Journal

1322

A Wholly Unsecured Lien May Be Stripped Off Even if It Predated Ownership

Bankruptcy Judge Michelle Harner held that a wholly unsecured, subordinate lien may be stripped off in chapter 13 even if the lien arose before the debtor owned the property.

Complex Chapter 13 Issues

Bankruptcy Code

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Revesting on Discharge in Chapter 13 Can’t Be Mandated, Fourth Circuit Says

Local rules and local standard plans cannot force a chapter 13 debtor to disregard one of the options in Section 1327 and require revesting of estate assets on discharge.