Ask The Get Out of Debt Experts Bankruptcy Related

Fighting With VA for Pension, Underwater on Two Mortgages and My Bankruptcy Attorney Isn’t Communicating With Me

“Dear Steve,

2003 retired w/2 income properties almost paid for. Filed a 1983 action (long story) against the city. THe criminal and civil case caused me to go from set to swimming in $225,000 in mortgage debt. Income is decent and can be counted on. Disabled in 2005. I have been fighting with the VA for 4 years. I am approved for a NSC pension, however they can’t get on the same sheet of music. Forced to file Chapter 13 in 2010. Attorney is incompitent. Without consultation worked out a strip down and mortgage modification, however with the condition that I refinance both mortgages in 18 months. Both properties are underwater. Now the court says iI can not fulfill the terms and is getting dismissed. I do not know what he (the attorney is thinking) and will not return any of my e-mails andor calls. I am stuck.

As stated, I am now looking at a Chapter 13 dismissal. My attorney just filed a motion to modify, however I am in violation of the cram down and mopdification he arranged with out any consult from me. He is basing his arguement that I am due an award (lump sum) and a monitary dollar monthly payment from the VA. Even if and when that occurs, I can not refinance either mortgage. I am radio active. What individual thinks that after 18 months of Chapter 13 you can refinance 2 mortgages underwater??? I want to convert to Chapter 7 and deal with the mortgage companies after the fact. He refuses to do so. Is this a fee related situation? I appreciate your comments.”

You don’t need me, you need a second opinion for a local bankruptcy attorney about your situation.

It might just be the thing to consider is to let both properties go back to the bank and convert your case but only a local bankruptcy attorney, or your attorney can advise you on that.

READ  I Need to Lower My Chapter 13 Bankruptcy Payment. Do I Need to Get a Divorce so I Can File a Chapter 7 Bankruptcy? - Amy

Please post your responses and follow-up messages to me on this in the comments section below.


You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.

About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

Leave a Comment

Scroll to Top