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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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Like many people in this country right now, my husband and

Resolved Question:

Like many people in this country right now, my husband and I are homeowners who are currently in bankruptcy, and our situation has been worsened by the very person we thought would be on our side. Our attorney has become distant and even sarcastic with us, and we are in deep trouble and her attitude is only making things seem much worse. We do have a bankruptcy case in force right now, but because my husband has lost a great deal of work due to the economic downturn, we have had to choose between food and our court fee. The Trustee is putting pressure on us, demanding that we bring our account current by Nov. 6th. We are currently 2 payments behind. We will make a payment this month, but we cannot make up a total of 3 payments all at once. My question is: can we make any appeal to the court regarding an apparent lack of cooperation from our lawyer, and how our own situation mirrors the financial crisis facing everyone. Our lawyer is making us feel like petty criminals. Help!
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JP replied 8 years ago.

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.


Best Regards.

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