By Wayne Silver, Wayne Silver Law (Redwood City, CA) The 120-day CARES Act eviction moratorium expired on Saturday, July 25. At the expiration of the moratorium, landlords covered by the federal moratorium could begin serving eviction notices, and begin filing eviction lawsuits 30 days thereafter. That means on Monday, August 24, 2020 the moratorium on evictions expired, while we face...
Chapter 20 Debtors Can “Strip Off” a Wholly Unsecured Junior Lien on Debtor’s Primary Residence—Regardless of Debtors’ Eligibility for Discharge
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By Ansley Owens, Contributing Writer and Intern for The Academy (Nashville, TN)
“Chapter 20” debtors who filed for Chapter 7 bankruptcy and filed for Chapter 13 petition less than four years later can “strip off” wholly unsecured junior liens according to the United States Bankruptcy Appellate Panel of the Ninth Circuit.
In 2011, debtors Serge Michel and Lori Jean Boukatch (In re Boukatch, No. BAP AZ-14-1483, 2015 WL 4127158 (B.A.P. 9th Cir. July 9, 2015)) filed a Chapter 13 case valuing their residence in Phoenix, Arizona at $187,500. There were two . . .
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