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Sponsored by Lorman Education
Product ID: 404521EAU
 
Credit & Course Provided by:

Lien Stripping Fundamentals

OnDemand Webinar (89 minutes)

Learning the process on how to strip a lien off of a debtor's property is a major aspect of bankruptcy.Many bankruptcy practitioners do not understand how to effectively use the bankruptcy process to strip liens from clients' property. They also may not understand the differences between Chapter 7 and Chapter 13 lien stripping and how to strategically plan to maximize the benefit for their client. Finally, the bankruptcy practitioner may feel that the stripping of the lien completes the process without realizing the important final step of recording the lien strip. This topic helps the bankruptcy practitioner identify the proper process used to effectively strip liens. The conent will show how to identify the different types of liens and address how each is handled within the context of a Chapter 7 or Chapter 13 case. The material, through investigating historical treatment of liens, will address recent changes brought to the process by the institution of the new Chapter 13 National Form Plan. Finally, the program will help to identify ways to enforce the lien strip when challenged. The topic helps to identify a critical tool that can be used to maximize the benefit of your clients' bankruptcy discharge.

Authors

Patrick D. Miller, Luftman, Heck & Associates LLP

Agenda

Overview of Lien Stripping

• Categorizing Liens i. Mechanics

- Statutory

- Judgment

- Consented

- Tax

• How to Effectively Strip a Lien Within a Chapter 7 Case

- Review of Liens That May Be Stripped

- Review of Relevant Bankruptcy Statutes

- How to Choose Between Adversary and Motion Filing

- Review of Relevant Case Law

- Review of Requirements of Recording the Lien Strip

- Best Practices When Advising Clients

• How to Effectively Strip a Lien Within a Chapter 13 Case i. Review of Liens That May Be Stripped

- Review of Relevant Bankruptcy Statutes

- National Form Plan and Lien Stripping

- Review of Relevant Case Law

- Review of Requirements of Recording the Lien Strip

- Best Practices When Advising Clients

Changes to Lien Stripping Over the Years

• How Liens Have Been Historically Treated

• Rules Reform and the New National Chapter 13 Plan

Enforcing the Lien Strip When Challenged

• Bankruptcy Discharge and Its Relationship to Lien Stripping

• Seeking Damages Against the Lienholder