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dylatess
dylatess, Attorney
Category: Legal
Satisfied Customers: 5156
Experience:  37 plus years representing clients with their legal issues
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We filed Chapter 13 bankruptcy in Florida, 5/2009 . Included

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We filed Chapter 13 bankruptcy in Florida, 5/2009 .
Included in the bankcruptcy was our primary residence, we were keeping a rental for the purpose of residence. We are also paying the court monthly. Everything was going along as indicated when we started receiving collection calls from the mortgage co. BANK OF AMERICA. It seems that somehow they had a notation on that account "DISCHARGED BY BANKCRUPTCY COURT" I immediately called our attorney and was advised he would handle, well he didn't and now they are going to forclose on that property. The attorney has left the firm and the FIRM is refusing to see that it is changed back to a bancruptcy. I know this will and is having a large impact on our credit and what will happen to the responsibilities for utilities, taxes, insurance and etc. that we beleived were included in our bancruptcy. We have all the information and papers. What are our options
Hello and thank you for your question. For over 34 years I have answered questions just like yours. And I look forward to assisting you.

The matter can only be handled in BK court but you need to move fast. Likewise, you need reprsentation. And if your attorney has left the firm, and the firm refuses to assist you, you need to find a new attorney ASAP. Further, do not worry about paying the attorney as you are in a chapter 13 and he cannot ask you for money up front but must request his fee be approved and then he is paid through the plan. note, this is a common problem when one hand does not talk to the other within the same building as is what happend with B of A. But it can be corrected though it does require a court order. And only by fling the correct motion can the foreclosure be avoided. Likewise, if it is your intentions to allow the foreclosure, than you will not be responsbile for utilties, etc. But do sit down with an atttorney before you make any decisions.

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