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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.

89 minutes
Certificate of Completion
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Why Lorman?

Over 34 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 34 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 Course

This course was last revised on September 14, 2018.

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

No Credit Available

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

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Why Lorman?

Over 34 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 & Associates LLP
  • Practice areas include Chapter 7 and 13 bankruptcies, foreclosure defense, debt negotiation, FDCPA and FCRA litigation, student loan workouts, and general consumer defense
  • Member of the 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
  • J.D degree, Cleveland State University’s Cleveland-Marshall College of Law; bachelor’s degree with a double major in history and social studies, and minor in secondary education, Cleveland State University
  • Can be contacted at 216-404-2480, [email protected] or twitter.com/lufmanheck
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Over 34 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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