Lien Stripping in Consumer Bankruptcy: Bringing or Defending Actions to Avoid Junior Mortgages
Applying Divergent Case Law in Chs. 7, 13 and "20" Filings: What Works and What Doesn't
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 Chapters 7, 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.
Outline
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Debtor’s ability to strip junior mortgage liens
- Chapter 13 requirements
- Adversary proceedings
- Chapter 7 bankruptcy options
- Developments in Chapter 20 proceedings
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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?
- What is the status of lien stripping in Chapter 20 proceedings?
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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Dr. Richard S. Gendler
Principal
Law Offices of Richard S. Gendler
He primarily handles consumer bankruptcy filed under Chapters 7, 11 and 13 of the Bankruptcy Code. In 1998, he... | Read More
He primarily handles consumer bankruptcy filed under Chapters 7, 11 and 13 of the Bankruptcy Code. In 1998, he founded the Firm and over the last two decades, he has expanded the firm to a multidisciplinary office employing lawyers with an extensive knowledge of not only criminal and bankruptcy matters, but real estate, tax, estate planning, probate, and civil matters as well.
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