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chapter 7
By: Tracy M. Evans, Esq., Associate, Saxon Gilmore & Carraway, P.A. The United States Supreme Court recently agreed to hear two Eleventh Circuit cases to resolve a circuit split regarding the ability to “lien strip” in chapter 7 bankruptcy cases. Last year, we reported on an Eleventh Circuit case that the Supreme Court declined to...
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By: Tracy M. Evans, Esq., Associate, Saxon, Gilmore, Carraway & Gibbons, P.A. Lien stripping refers to a process in bankruptcy where a debtor may be permitted to void certain liens or portions of certain liens that are either undersecured or wholly unsecured. There are two types of lien stripping: strip down and strip off. Strip...
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