Limitations on lien stripping
The Bankruptcy Code prohibits the stripping of voluntary liens
secured only by the debtor's residence. Thus under- secured
mortgages on the debtor's home cannot be reduced to the present value
of the property as can liens on some vehicles, etc.
Voluntary liens are mortgages, deeds
of trust, and home equity lines; involuntary liens
are judgment liens and tax liens.
The circuit courts of appeal are split on whether a voluntary lien
on the debtor's residence that is not secured by any value (that
is, the senior liens equal or exceed the value of the property) can
be stripped.
In the 9th Circuit, which
includes California, liens can be stripped if there is no value securing
the mortgage sought to be stripped.