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JP, Attorney
Category: Bankruptcy Law
Satisfied Customers: 109
Experience:  Represented creditors and individuals in bankruptcy and consumer matters.
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I filed Chapter 13 Bankruptcy on 07/30/08. I attempted to file

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I filed Chapter 13 Bankruptcy on 07/30/08. I attempted to file this on my own and failed. At the first 341 meeting, the trustee suggested that I use a lawyer. I contact an lawyer and advise them of my situation. The lawyer failed to file an amendment to my plan. The next meeting was scheduled for 9/17. My lawyer called and requested a revised date. I checked with the Trustee office and an amendment to my plan has not been filed. My new 341 date is 10/07/08. My mortgage company requested to lift my automatic stay. Also, you should know that I sent my first chapter 13 payment to my lawyer.. My mortgage company has not been paid, and I do not have my new amended plan.. what should I do?

The first thing you should do is contact your trustee's office regarding the status of your case. Your payments should always be sent to the trustee and not to your attorney. If you mailed a check to your attorney, I would suggest placing a stop payment on it, if you can not reach him, and resend the payment to the trustee. Verify the payment address with the trustee's office before mailing the payment.


Secondly, you need to remember that you do not have to stay with an attorney who is not zealously representing you in your bankruptcy affairs. You can contact another attorney and see if the attorney will substitute in on your case, if the current attorney-client relationship is not beneficial to you.


Third, you must stay on top of the Motion for Relief from Stay filed by your mortgage company. If they obtain relief from the stay, they will be able to commence foreclosure proceedings against you. If your attorney will not file an answer to the Motion for Relief on your behalf, then you should definitely seek other counsel from an attorney who can respond to the creditor's Motion for Relief asap. Remember, time is of the essence.


You need to be at the next scheduled 341 meeting, regardless of whether you can get in contact with your attorney prior to the 341 meeting date. You need to show the trustee that you are interested in successfully completing your bankruptcy case. If your attorney does not appear at the 341 meeting, and you are there, you may be able to get yet another reset 341 meeting to allow you an opportunity to obtain alternate counsel to represent you.


Regarding the missed mortgage payments, you should have your attorney contact the mortgage company and ask that they place any additional arrears incurred after the bankruptcy was filed, into the bankruptcy plan. Mortgage companies will often allow a debtor to place additional arrears into the plan. However, an amended plan will need to be filed to reflect any agreement reached. The mortgage company's attorney will likely not talk with you directly regarding the treatment of the post-petition arrears, because you have retained an attorney But again, you may need to obtain new counsel to take over your case, to ensure that your interests are being protected.


I hope you found this information helpful.


Best Regards.

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