How much car?

[TooMuchCredit]

I now know why there are few... it's because it is by Adversarial Proceeding and not by Motion. Look at this case... http://www.ganb.uscourts.gov/judges/...iew.php?Id=220. These people did win their AP and had the lien stripped... so Tanner is alive and well in your District. The problem remains the AP and the costs or litigating an AP.

First, many lawyers don't want to do APs because of the cost and some don't want to get into "litigation". However, I just reviewed two cases with lien strips and they were all successful in your District.

Thanks! I swear I looked at every case on that sight before and didn't see any dealing with lien strips. I've looked at so much in the last few months though I easily could have overlooked it.

I went on PACER, that case actually did not get their lein stripped. In the final report it shows as a secured debt paid in full. It looks like they had an objection for something else and needed to refile the AP and never did. What was the other one? Was it on that same site? I looked and saw the same one under a couple other judges.

Yeah, I imagine the cost is a big barrier. It would save me in the long run to strip, but I don't have the $$ to pay for a trial with the lawyer being $125/hour. I wonder if those fees are allowed to be rolled into the plan though. If I recall there is a limit to the amount of fees allowed, so guessing the cost for the AP would mostly come from out of pocket. Since most folks are filing BK, they don't have the $ to proceed. Catch 22.

[justbroke]

Thanks! I swear I looked at every case on that sight before and didn't see any dealing with lien strips. I've looked at so much in the last few months though I easily could have overlooked it.

I went on PACER, that case actually did not get their lein stripped.

That case did, because you need to look at the Adversary Proceeding. The judge did award the lien strip on the third mortgage.

Look at the AP's docket and look for Document number 9, the Judgement. It was entered 8/19/2005. It reads "IT IS HEREBY ORDERED, ADJUDGED, and DECREED, that DEFENDANT'S lien... is hereby AVOIDED pursuant to 11 U.S.C. 506(d)."

If you look at the case, 03-51153-pwb, you'll notice that the close report only paid $1,300 (or so). The amount stripped was over $17,000.

(I don't know why they paid that amount to Beneficial, but you can clearly see from the Order that it was stripped at $17K.)

In the final report it shows as a secured debt paid in full. It looks like they had an objection for something else and needed to refile the AP and never did. What was the other one? Was it on that same site? I looked and saw the same one under a couple other judges.

I don't know... I looked at the AP and the order. The final report is consistent to me.

Yeah, I imagine the cost is a big barrier. It would save me in the long run to strip, but I don't have the $$ to pay for a trial with the lawyer being $125/hour. I wonder if those fees are allowed to be rolled into the plan though. If I recall there is a limit to the amount of fees allowed, so guessing the cost for the AP would mostly come from out of pocket. Since most folks are filing BK, they don't have the $ to proceed. Catch 22.

And that's why people probably don't want to take the chance or spend that kind of money. APs can easily run $4K and much higher, depending on how much litigation.

[TooMuchCredit]

That case did, because you need to look at the Adversary Proceeding. The judge did award the lien strip on the third mortgage.

Look at the AP's docket and look for Document number 9, the Judgement. It was entered 8/19/2005. It reads "IT IS HEREBY ORDERED, ADJUDGED, and DECREED, that DEFENDANT'S lien... is hereby AVOIDED pursuant to 11 U.S.C. 506(d)."

If you look at the case, 03-51153-pwb, you'll notice that the close report only paid $1,300 (or so). The amount stripped was over $17,000.

(I don't know why they paid that amount to Beneficial, but you can clearly see from the Order that it was stripped at $17K.)

I don't know... I looked at the AP and the order. The final report is consistent to me.

And that's why people probably don't want to take the chance or spend that kind of money. APs can easily run $4K and much higher, depending on how much litigation.

You are right again! Hmmm. I am going to mention this to my lawyer and see what response I get back. Do you have the case # of that other one you saw from N. GA? I didn't see another when I looked through the judges info.

Much appreciate your input!