My name is Ron Drescher; I’m an attorney practicing bankruptcy and creditor’s rights in Maryland, Delaware, Pennsylvania, and Virginia and today I want to correct a mistake that a made in a different video. I was on the streets of Paris and I was excited to talk about the five reasons that you might have to file a Chapter 13 case and I recently discovered at least a couple more reasons. There’s a sixth reason and that might be because you want to lien strip a completely unsecured junior mortgage against your property. You can do that if the property is not secured by even a dollar’s worth of value. What happens is you get a valuation for the property, it could be an appraisal, it could be a broker’s price opinion, it could even be just your own opinion of value and then you show how much you owe to the first priority senior mortgage or deed of trust and if the amount that you owe on that senior deed of trust is higher than the value of the property if you have a junior mortgage or junior lien you can strip that off, even if it’s a consensual mortgage. You can’t do that in Chapter 7, but you can do it in Chapter 13 and it is a reason why many of my clients do choose to file for Chapter 13. My name is Ron Drescher; I’m an attorney practicing bankruptcy and creditor’s rights and if you have a question about whether Chapter 13 is a good remedy for your problem please pick up the phone and call me. I would love to hear from you.
Lien Stripping
Ronald J. Drescher has been practicing since 1986 in the areas of business transactions, commercial litigation, loan documentation, bankruptcy, creditors’ rights, and out-of-court workouts. His experience also includes corporate reorganizations, insolvency, business and tax planning.
