Response to ProPublica Article Discussing Racial Patterns in Bankruptcy Filings and Outcomes Part 2 of 3

“In evaluating lien avoidance, we often default to the most common scenario: a first mortgage, perhaps a second mortgage, and the debtor’s homestead exemption. The question then becomes, is the total of these obligations more than the value of the property? If so, the judicial liens are avoided. If not, the judicial liens are either partially avoidable or fully secured.But that’s not quite how it works.” What a treat!!!! With no tricks. Judge Gustafson and Law Clerk Omshehe bring subscribers an in-depth look at the sexy topic of stripping.

"Chapter 13 asks people to eat broccoli for five years before they ever get a taste of dessert."

“Most of our clients know little about the law and have never hired a lawyer. The law is a scary unknown. Worse yet, their knowledge of the law often comes from online pro pers or AI that not only lacks the human touch but is subject to being horribly wrong.”

Bankruptcy Court has authority to compel implementation of a confirmed Chapter 13 plan which, at its end required the release of a junior lien which had been given no value; attorney’s fees would be awarded to debtors’ counsel for pursuing the release.