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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My plan payment was confirmed on June 30, however I have not

Resolved Question:

My plan payment was confirmed on June 30, however I have not heard back from my attorney regarding the motion to strip the lien (which was also on June 30, at a later time in the day). The paralegal at the attorney's office said that she was still waiting for the notes from the attorney, but not to worry because if the case was confirmed, then the motion to strip the lien has to be granted. Is that true?

Thanks
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

It would appear that the motion to strip lien was granted provided that the lien was treated as an unsecured creditor in the plan and the plan was confirmed
Customer: replied 7 years ago.
Hello,

I believe it was treated as an unsecured creditor in the plan. There was a note on the plan that we would motion to strip second lien. What paperwork could I review to confirm it was listed as an unsecured credior?
Expert:  Ellen replied 7 years ago.
You will need to look at your petition. The 2nd mortgage should be listed as a wholly unsecured claim.
Customer: replied 7 years ago.

The voluntary petition shows both my first and second as secured claims, however the 2nd shows my balance due in the column labled: "Amount of claim without deducting value of collateral" then the full balance due (same dollar amount) shows under the column labled: "Unsecured portion if any". Example:

 

Amount of claim without deducting value of collateral: $185,000.00

Unsecured portion if any: $185,000.00

 

Would this mean it is part of the plan and is now granted since the confirmation was approved?

 

Thanks

 

 

Expert:  Ellen replied 7 years ago.
Based upon your description it does appear that it is part of the plan and there is no objection to it being stripped.
Customer: replied 7 years ago.
So is it normal that the paralegal would have info regarding the plan being confirmed, but no info on the motion being granted?
Expert:  Ellen replied 7 years ago.
I do not know what is normal for that law office. You will need to wait until your attorney is back in the office for definitive answer. I can only respond according to what you have told me
Customer: replied 7 years ago.
Ok. So from what I've told you, it looks like it was granted?
Expert:  Ellen replied 7 years ago.
Yes it does!
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you for your help
Expert:  Ellen replied 7 years ago.
You are welcome. Best wishes