Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Thanks for your question.
First, you must remember that you hired your lawyer and at any time can fire your lawyer. If the relationship is no longer beneficial, you can always hire another bankruptcy lawyer and have that person substitute into your case as your attorney.
That said, it appears that you simple need to modify your current chapter 13 plan to include the missed payments into the plan. Your should ask your attorney about this option, if she has not informed you that a modification was available. Your attorney may not want to modify the plan, because it takes a little work. The attorney will have to file a Motion with the Court to modify the plan, contact the trustee to ensure the proposed modification is acceptable, and also contact the mortgage company if the modification potentially alters the treatment of the mortgage claim.
Again, you simply need a modification to get you back on track. You must sit down with your attorney, or another attorney, to review whether the modification is a viable option for you, because once you modify your plan to cure arrears the remaining payments will increase and you must be able to show that you can afford the increased payment.
I hope you found this information helpful.
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