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OK, I was discharged from a chapter 7 in 2009 in NJ. Case is also closed. I did file a chpater 7 with my 2nd mortgage included in with that. Now, the lien has survived the chapter 7 discharged. I was instructed to file a chapter 13 to stip the lien. The only thing that is in chpater 13 in about 7 months of 1st mortgage arrears. I needed something to pay back. Although, I know I will not get a discharge in the chapter 13 cause I have a discharge in a chpater 7 in 2009. My question is can I strip a lien in my chpater 13 or is this a waste of time. Peope are telling me that it cannot be done because I just discharged from a chapter 7. My attorney has put me in a 36 month pay back from just the first mortgage. He tells me that he will strip the second in it. When exactly do they file to sstrip the lien? In the beginning, after the 341, when confirmed? Please let me know weahter or not I can strip a lien and when they file to strip it. thanks

savior70 · Posted: Wed Feb 10, 2010 6:35 am Post subject:

Hi,

Lien stripping is allowed in bankruptcy chapter 13. If the value of your property has gone down so much that it does not cover the second mortgage even in part, you will be able to strip the second lien off your property. However, whether the bankruptcy judge will allow the second lien to be stripped off depends on your particular situation. Talk to your bankruptcy attorney to know when and how you can request the judge to strip off the second lien from your property.

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stripping a 2nd mortgage lein in new jersey _ PLEASE HELP

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