These virtual 341 meetings via Zoom will be implemented on a rolling basis through early 2024. YEP, this means you, y’all, all y’all, you guys, and yoos guys. Doesn’t matter if you have been doing 341’s via telephone for 100 years . . . it’s ZOOM as soon as implemented in your district. For Debtor Atty’s, this may require having clients...
From the Editor – Lien Stripping
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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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