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 Chapter 13 and so-called Chapter 20 consumer bankruptcies, discuss defenses available to the lender to preserve the lien, and outline various litigation approaches for both sides.
- Debtor's ability to strip junior mortgage liens
- Chapter 13 requirements
- Adversary proceedings
- Chapter 7 bankruptcy options
- Developments in Chapter 20 proceedings
- Mortgage lender defenses
- Litigation tactics
The panel will review these and other relevant 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?
- What is the status of lien stripping in Chapter 20 proceedings?
Monette W. Cope
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.Close
Marc R. Kivitz
The Law Offices of Marc R. Kivitz
Mr. Kivitz has been in practice for over 30 years, representing thousands of small businesses and families, helping... | Read More
Mr. Kivitz has been in practice for over 30 years, representing thousands of small businesses and families, helping them with their financial problems, defending their lawsuits and filing their bankruptcy cases. He served on the Maryland State Bar Association's Subcommittee for the 25th Anniversary of the Bankruptcy code and is a frequent lecturer on various bankruptcy topics.Close