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Updated about 9 years ago on . Most recent reply

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Christopher Winkler
  • Specialist
  • Dallas, TX
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Unsecured Debt After A Stripped 2nd Lien

Christopher Winkler
  • Specialist
  • Dallas, TX
Posted

Can someone tell me if a 2nd lien is stripped in a Chapter 13 bankruptcy, is the now unsecured debt still valid, and can a lien be placed on the person? 

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Dion DePaoli
  • Real Estate Broker
  • Northwest Indiana, IN
2,087
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Dion DePaoli
  • Real Estate Broker
  • Northwest Indiana, IN
Replied

You really need to pull the BK plan and see how it was treated.  Everything else is speculation and you may speculate in error.  

If the debt is discharged it is no longer collectible and you may not make attempts to collect on that debt.  Ever. 

Enforcing your lien, if it discharged, is not the same as collecting on the debt.

  • Dion DePaoli
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