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Lien Stripping Fundamentals

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.

Runtime: 89 minutes
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Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 14, 2018.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • NY CLE 1.5 including Areas of Professional Practice 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Patrick D. Miller

Patrick D. Miller

Luftman, Heck & Associates LLP

  • Associate attorney at Luftman, Heck, and Associates
  • Practice areas include: Chapter 7 and 13 bankruptcies, foreclosure defense, debt negotiation, FDCPA and FCRA litigation, student loan workouts, and general consumer defense
  • Membership in the following organizations: Cleveland Metropolitan Bar Association; Ohio State Bar Association and the National Association of Consumer Bankruptcy Attorneys
  • Currently serving as planning committee member for the 2019 National Convention
  • Juris Doctorate obtained from Cleveland State University’s Cleveland-Marshall College of Law. Bachelor’s degree with a double major in history and social studies, minor in secondary education from Cleveland State University
  • Can be contacted at 216-404-2480, [email protected] or twitter.com/lufmanheck
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Why Lorman?

Over 32 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404521
Published 2018
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