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Stripping second mortgages if you have previously filed chapter 7

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Stripping second mortgages if you have previously filed chapter 7

The Fourth Circuit Court of appeals recently ruled that a debtor can strip a second mortgage in chapter 13 even if the debtor has filed and received a chapter 7 discharges in the past.

Courts across the country are split on this issue.

See, In Re Davis no. 12-1184