Chapter 13

Modifying mortgages and lien stripping in bankruptcy

Some people mistakenly believe that filing bankruptcy will force a mortgage lender to agree to a home modification. Not true. However, an experienced Arizona bankruptcy lawyer and real estate lawyer will advise you that you may be able to get rid of junior liens if the value of your home is worth less than what you owe on your first mortgage.

What is the Automatic Stay ?

Once a person files bankruptcy, an “automatic stay” becomes effective, literally stopping all creditors in their tracks. This includes stopping foreclosures, garnishments and repossessions. However, this may only be temporary. A creditor represented by an Arizona bankruptcy lawyer can file a motion to get permission from the debtor’s bankruptcy judge to proceed with enforcing its rights.

What is a 341 meeting of the creditors?

All debtors must attend a 341 meeting of the creditors about a month after they file bankruptcy. So long as you have retained a qualified Arizona bankruptcy lawyer and provided all of the requested documents to the trustee, the 341 meeting will most likely be a smooth and painless experience.