Tuesday, April 16, 2013

Chapter 7 lien stripping in Georgia

Stripping off a second mortgage in Chapter 7 bankruptcy has come to Georgia. Nationwide, it has been generally understood that a wholly unsecured second mortgage can be stripped off in a Chapter 13 case but not in Chapter 7. Law professor types have argued that there is no theoretical reason that the concept should not apply in Chapter 7, and the courts might be coming around.