Lien Stripping in Consumer Bankruptcy
Bringing or Defending Actions to Avoid Junior Mortgage Liens
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, November 8, 2012
Recorded event now available
This CLE webinar will provide bankruptcy counsel with a review of how junior mortgage liens can be stripped in consumer bankruptcies, discuss defenses available to the lender to preserve the lien, and outline various litigation approaches for both sides.
Description
With many home mortgages underwater, debtors in consumer bankruptcy are aggressively seeking to shed second or third mortgages via “lien stripping.”
In Chapter 13 bankruptcies, a junior mortgage no longer secured by the property’s equity may be stripped. The junior mortgage becomes part of the debtor’s unsecured debt and may be paid off through the Chapter 13 plan. At the end of the plan period, the remaining unsecured debt is discharged.
In a surprise ruling earlier this year, the 11th Circuit allowed debtors to strip off wholly unsecured liens from homes in a Chapter 7 case. Mortgage lenders have several viable defenses to preserve the mortgage lien and tactics to put roadblocks in the path of the debtor seeking to strip the lien.
Listen as our authoritative panel of consumer bankruptcy practitioners provides counsel with knowledge to represent debtors seeking to strip junior liens and to defend mortgage lenders seeking to preserve their liens.
Outline
-
Debtor’s ability to strip junior mortgage liens
- Chapter 13 requirements
- Adversary proceedings
- Chapter 7 bankruptcy options, including In Re McNeal (11th Cir. May 2012)
- Litigation tactics
-
Mortgage lender defenses
- Litigation tactics
Benefits
The panel will review these and other key questions:
- What circumstances permit the debtor to strip a junior lien in a Chapter 13 bankruptcy?
- What options are available to debtors in a Chapter 7 bankruptcy?
- What are the lender’s most viable defenses?
- When may an adversary proceeding be necessary to strip a junior lien?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
Monette W. Cope, Junior Partner
Weltman Weinberg & Reis, Chicago
She practices in the Firm’s Bankruptcy, Consumer Bankruptcy and Commercial Bankruptcy Groups. She is also involved in the Integrated Real Estate Default Group. She began her bankruptcy career in Chicago and has extensive experience in bankruptcy-related matters, particularly in Chapter 13 bankruptcies.
Stephen M. Trezza, Principal
Arizona Law Group of Trezza & Associates, Tucson, Ariz.
He concentrates on Chapter 7 and Chapter 13 bankruptcy. He is a member of the Tucson Association of Consumer Bankruptcy Attorneys, National Association of Consumer Bankruptcy Attorneys, American Bankruptcy Institute, and the National Consumer Law Center.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The presentation was detailed and I very much liked the fact that we heard from both a debtor and a creditor's counsel on the subject.
Laura Brandow
Marcus, Errico, Emmer & Brooks
I liked the strategic tips regarding defending against lien stripping in Chapter 20 cases.
Carol A. Glick, Esq.
Certilman Balin Adler & Hyman
The webinar was informative on the current issues.
Lauren Bernstein
Kaye Scholer
I thought the speakers covered a fascinating subject matter very well.
Bob Linton
Dykema
Good seminar. The webinar was very informative and practical.
Frank M. Schepers
Lamson, Dugan and Murray
Bankruptcy Law Advisory Board
Partner
Nixon Peabody
Partner
Potter Anderson & Corroon
Of Counsel
Haynes & Boone
Shareholder
Greenberg Traurig
Partner
Dechert
Shareholder
Vedder Price
Partner
Nixon Peabody
Partner
Edwards Wildman Palmer
Partner
Kaye Scholer
Counsel
Skadden Arps Slate Meagher & Flom
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.