Expert: Norma Duenas - California Bankruptcy Attorney - 9/20/2011

Question
We have been discharged in Ch 7 a year ago. I have a HELOC and was told I would have to do Ch 13, which I fully understand. This particular debtor never once contacted me before or during BK proceedings. In fact they didn't even know I had filed until I called them. Now, a year later they send me a letter asking me to call them for my options. Is it too late for me to file Ch 13 for Lien Strip? Since this would be my only reason to file, is it something I can do on my own. Obviously I do not have the money to retain an attorney.

Answer
Whether you can turn around and do a lien strip on your property after having received a Chapter 7  bankruptcy recently will likely depend on how judges in your area have ruled on this subject. Some argue that you cannot do this if you are not entitled to a Chapter 13 bankruptcy discharge. You are not entitled to a Chapter 13 bankruptcy if you file your Chapter 13 within 4 years of having filed Chapter 7. Others state that nothing in the bankruptcy code limits your ability to strip the property because you are not entitled to a Chapter 13 discharge. I would advise against attempting to file a Chapter 13 bankruptcy on your own and filing a motion to strip your property. The rules and requirements are too complex for completing this on your own.

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