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Bankruptcy Law/modification while in bankruptcy

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Expert: - 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

Leon Bayer
I'm sorry you are dealing with what sounds like a very frustrating situation. Your case is a good illustration for others on why a consumer should avoid representation by lawyers who are not recognized bankruptcy specialists. Most bankruptcy fees for standard Chapter 13 consumer bankruptcy cases are set by a court guideline, so experts generally won't charge you any more than a non expert charges for the exact same service!

Your original lawyer would have been entitled to charge you extra fees for doing this additional work, so it shouldn't be any more expensive for you to have a different lawyer do it.

Since your are unhappy with your present attorney, you should consult with a different local bankruptcy lawyer right away for guidance.

You can't make your lawyer do something that the lawyer simply does not want to do, but you can hire a different lawyer to do it. Your own lawyer should have explained the reason, and you are entitled to an explanation. I am assuming that your lawyer simply does not know how to do it, and perhaps you will never know the real reason.

At my law firm we are approached all the time by clients who need something done in an existing bankruptcy case and their original lawyer refuses to handle it. Unfortunately for the public, there are many lawyers who pass themselves off as bankruptcy lawyers, but they are really just dabbling in the field and they have only enough experience to do just a few limited services. Your situation is a good example of why a consumer will be better off engaging the services of a true specialist.

As I say in my Simplified Guide To Consumer Bankruptcy, "Any person considering the possibility of seeking bankruptcy relief should first consult with a knowledgeable attorney who specializes in this field. Many people will hurt themselves and make costly legal mistakes by going into a bankruptcy case without an attorney, or by retaining an attorney who is not a specialist - mistakes which an expert may have easily avoided." Guide at http://www.debt-relief-bankruptcy.com/faq-browse11-0/bankruptcy-guide.asp

The life blood of a law practice is the referral of new business. A lawyer who is a smart business person wants clients to be satisfied and refer other clients. Hopefully your next lawyer will do a great job for you and earn the referrals that could have gone to your original lawyer.

I hope things work out and get cleared up for you real quickly.

Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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