Lien Stripping in Consumer Bankruptcy
Bringing or Defending Actions to Avoid Junior Mortgage Liens
Recording of a 90-minute CLE webinar with Q&A
This CLE course 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.
Outline
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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
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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 Co.
Ms. Cope practices in the firm’s Bankruptcy, Consumer Bankruptcy and Commercial Bankruptcy Groups. She is also... | Read More
Ms. Cope practices in the firm’s Bankruptcy, Consumer Bankruptcy and Commercial Bankruptcy Groups. She is also involved in the Integrated Real Estate Default Group. Ms. Cope began her bankruptcy career in Chicago and has extensive experience in bankruptcy-related matters, particularly in Chapter 13 bankruptcies.
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Stephen M. Trezza
Principal
Arizona Law Group of Trezza & Associates
He concentrates on Chapter 7 and Chapter 13 bankruptcy. He is a member of the Tucson Association of Consumer Bankruptcy... | Read More
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.
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