Expert: Terry Leeders - 2/19/2009

Question
I filed for ch. 13 in 12/06, ever since then I have been trying to modify the terms of my loan on my house. The mortgage co. had asked me to have my lawyer file for a motion from stay so that they are able to help me. My lawyer refused to help me and said that it wasn't necessary and because he offered little help, i had to hire the mortgage co.'s lawyer to do it for me.
the mortgage co. and I came to an agreement and a modification which will last 3 years however they want my lawyer to file a motion for approval in modification. Again he said that it wasn't needed since i already filed a motion for relief from stay. the mortgage co. will not help me without this motion or a letter from the lawyer stating that the motion isn't needed and he would take full responsibility if it was. What can i do? can i contact the court or the trustee myself, can i file a grievance against him. any help would be great...

Answer
To acquire new debt (incl. refinancing/modifications), you need a motion for approval to do so. Even if the stay was modified, you still need approval from the court to do it. If your attorney is being uncooperative, you should seek out another lawyer and terminate your current attorney.