Complicated

[Vikingsmom]

Hi everyone,
My case is so crazy. I bought the house in 2006 with my boyfriend of 11 years. We live in mi and were listed on the title as tenants in common. We split and I missed 2 payments, my mortgage company refused payments and created outrageous payback terms long story short our house went into foreclosure but no sale date. He filed chapt 7 and I'm assuming included the house but also did a quit claim to me. He received notice that the mortgage company filed a motion to lift the stay. His attorney did not respond saying the don't need to and an order was placed to move forward with foreclosure. I filed chapt 13 almost a month ago and my first payment is due nov 7. His attorney and mine are partners so they are well aware of the situation and don't seem too concerned but I am trying not to lose my house. So until I can reach my lawyer mon I came here to see if anyone can offer insight? Can they force me to sell the house or foreclose on it while I'm in bankruptcy? Also as a side question, would it be dumb of me to take my ex to court for child support while in a chapt 13 bcuz won't that change my plan all together? Thanks for reading!

[despritfreya]

1st issue: Conflict of interest as to your representation. You have a claim vs. your ex for support. You are now using the partner of the attny who represented your ex (I assume by "ex", you are referring to the boyfriend). Your claim for support is an asset of your bk and, while it is most likely an exempt asset, since you are in a 13 should be pursued as it will help fund the Plan. Your attorney is now representing someone (you) that has a claim against a previous client of the Firm (your ex). Without written waivers as to the conflict of interest your attny has a problem. If you have not already done so, you need to discuss this with him.

2nd issue: The lifting of the stay in your ex's bk has no impact on the stay in your bk. For the lender to proceed with a foreclosure (you are on title and a co-borrower under the loan), it has to get the stay lifted in your bk. If you resume your mortgage payments after filing and provide a cure of the pre petition arrears in your Plan the lender has no grounds to seek stay relief.

Des.

[Vikingsmom]

Clarify

I'm sorry let me clarify, our bankruptcy lawyers are partners. I haven't went after him for child support yet, I will use a family lawyer when/if I do that.

[despritfreya]

I'm sorry let me clarify, our bankruptcy lawyers are partners. I haven't went after him for child support yet, I will use a family lawyer when/if I do that.

I still see this as a conflict. You have a claim for $$ against a former client of that Firm. That claim, if pursued, can help fund your Plan. There should be a conflicts check by the Firm. Again, this is not your issue but it is an issue for the lawyer. Your lawyer may not see a problem however, if I was your attorney I would be sitting down with both of you and obtaining the waivers. It should be noted that I am ultra conservative and cautious.

Des.