That could depend on what type of orders had been sent. With Chapter 13 being a reorganization, this allows the debtor to repay their debt, normally in 3 to 5 years at a reduced rate. If you mean that the mortgage company is attempting to pursue some type of foreclosure action after receiving notice of a Chapter 13 reorganization, this is usually prohibited under 11 U.S.C. Section 362 which automatically stays (puts on hold) most collection actions against the debtor or the debtor's property.
As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even make phone calls demanding payments.
With regard to your attorney, all attorneys have a duty under the Model Rules of Professional Conduct from the American Bar Association to:
(1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules;
(2) reasonably consult with the client about the means by which the client's objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
The question would be, is 4 weeks a "reasonable time"? Depending on what has happened in the case it may be. However, most attorneys will update their clients on a regular basis, even if it is just to say "I don't know anything new". I would advise calling and attempting to set up an appointment, followed up with a letter requesting the same thing. Once he receives the written request, I would bet that he will contact you to update you on your case status.
I hope this helps and thank you for the opportunity to answer your question.
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This information is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.
My husband is back working already, that was when he went to his office and the attorney said he would call us with the appointment time. That was 4 weeks ago. Thanks for all your help and patience. I will be using this service again. Matt and Attorney Phillips, you have been great.
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