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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 19637
Experience:  B.A.; M.B.A.; J.D.
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I hired a lawyer to handle a CH13. He apparently failed to

Customer Question

I hired a lawyer to handle a CH13. He apparently failed to file something or have a hearing in time and so I lost the automatic stay. Now I am in jeopardy of losing my home to the bank because they could foreclose and have a Sheriff's sale, but they are saying they will not if my payment plan is quadrupled. My lawyer wants to accept the bank's demand and garnish my wages $800 a month versus the original plan of $260 a month. With other issues it means I won't be able to pay all my bills now so it's basically forcing me to just give up and move out and lose my home. Is there anything else I can do as this lawyer does not seem to know what he is doing? Can I file anything else to stop the bank?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 year ago.
Your Attorney can file a request for the Court to reconsider or schedule another hearing in the case. You can file the request yourself citing incompetence of your Attorney in the case. This should be a simple Motion for Reconsideration and Extension of the Automatic Stay. [Caption: Official Form B 416A] Debtor’s Motion for Reimposition of Stay As to Property of the Estate Debtor hereby moves for reimposition of a stay with respect to her residential property at [address] which is property of the estate, and in support thereof avers as follows: 1. On [date], this court entered an Order terminating the automatic stay with respect to the Debtor’s residence in favor of [name] Mortgage Company (Mortgage Company). 2. The Debtor’s residence is and at all times relevant to this case has been an asset included in the Debtor’s bankruptcy estate. 3. The Order granting relief from the stay was based solely on evidence that the Debtor did not have property insurance covering the interest of Mortgage Company in the property. The Court found that the interest of Mortgage Company was not adequately protected. 4. As set forth in the accompanying affidavit of the Debtor, as of the date of this motion the debtor has obtained insurance covering Mortgage Company’s interest in the Debtor’s residence. A copy of the insurance policy is attached to this motion as Exhibit A [omitted]. 5. To the extent that Mortgage Company has an interest in the debtor’s estate, such interest is adequately protected pursuant to the Bankruptcy Code. WHEREFORE, the Debtor requests that this Court reimpose a stay applicable to [name] Mortgage Company protecting the Debtor’s residence. Date: [signature]Attorney for Debtor Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.