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I’m Not Sure My Bankruptcy Attorney is Giving Me Good Advice. – Darlene

By on November 1, 2011
I’m Not Sure My Bankruptcy Attorney is Giving Me Good Advice. – Darlene

“Dear Lewis,

I filed bankruptcy, chapter 13, and in June lost my job, with only four months to go in a thirty six month plan. I now am so behind and don’t know what to do, and my attorney, needless to say, I would never choose again, isn’t much help. I am worried!

I want to know if I can file a hardship motion for the last four months of payments, my attorney says that I do not qualify for that. He suggest that I dismiss it and file a chapter seven, why would I do that? I am scared, I have lots of debt since losing my job, unemployment just is not cutting it! I have not paid my mortgage since June, and I still can’t make it, what do I do??

Darlene”

Dear Darlene,

You need a new attorney. I think he is trying to scam you into another full attorney fee.

You either qualify for a hardship discharge, or a conversion to chapter 7. If you were to convert to a chapter 7, then you would not need to file a whole new case.

In the conversion to chapter 7, you would be able to include all the new debts. I would suggest you not reaffirm your home mortgage. You can work with the lender to catch your mortgage back up. If they won’t work with you, at least you will have discharged the mortgage debt by not reaffirming.

If your attorney is not willing to help you get a hardship discharge, or a conversion to chapter 7, then I would suggest asking for a hearing in front of the judge regarding either one of those options.

Good luck!

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

READ  All About Bankruptcy - Chapter 7 Bankruptcy - Chapter 13 Bankruptcy

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One Comment

  1. Rudy H.

    November 2, 2011 at 4:51 pm

    Dear Lewis,

    Reading your comment on Darlene’s case, quote, “In the conversion to chapter 7, you would be able to include all the new debts. I would suggest you not reaffirm your home mortgage. You can work with the lender to catch your mortgage back up. If they won’t work with you, at least you will have discharged the mortgage debt by not reaffirming.” – I have two questions: in ch.7 filing, what makes the difference between ‘not reaffirming’ or ‘affirming’ the mortgage after the discharge?  Also, in my case, after filing and discharge of my ch. 7, my lender refused to help me modified (HAMP) or refinanced stating that I have no job (I have been disabled for these last 5.5 years); is there a way to get help with my mortgage debt then (I have about $100,000.00 in home equity)?

    Thank you in advance for your answer.

    Rudy H.

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