[CLBS] Chapter 20s

Jon Wilson jon at boiselaw.org
Fri Oct 21 12:33:24 MDT 2016


Chapter 20s are possible, but I have not had a situation where the possible
issues is raised years after a chapter 7 was filed and discharged received
by debtor.

 

Is it possible to file a Chapter 7 in year one and 7 years later file a
chapter 13 to strip the 2nd DOT lien.

 

Basic facts, the 2nd was not secured by any equity when chapter 7 was filed
in year one, debtor did not reaffirm on either the 1st or 2nd.   7 years
later, the home has a value in excess of the 1st DOT.  It doesn't seem
likely since the consensual lien has remained against the home and has
subsequently increase in value.  Any thoughts, verifications, etc.  Thanks. 

 

Jon

Jon R. Wilson

Attorney at Law

 

Wilson Law Offices, P.C.

4614 W. Emerald St.

Boise, ID 83706

Tel. (208)343-8400

Fax (208)424-5006

Email:  jon at boiselaw.org <mailto:jon at boiselaw.org> 

 

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