From the Editor – Lien Stripping

By The Honorable William Houston Brown (Retired)

For lien stripping, petition date proper time to value property and determine senior lien. In determining whether § 1322(b)(2) prevents stripping of lien, there is inconsistent case authority, and finding no plain meaning in the statute, the court concluded that the petition date, rather than confirmation date, is most appropriate for determination of whether a junior lien is protected from modification. Both property value and amount of the senior lien are determined as of that date. In re Gutierrez, ___ B.R. ___, 2013 WL 6198220 . . .

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