Chapter 13

[tpod]

If I file my Chapter 13 to stay all court proceedings, can I then hire an attorney to amend the plan and represent me?

I have contacted several attorneys, but they are in no hurry and I must move FAST to get the stay in place.

[woeisme]

Adding a lawyer after filing is pretty hard to do. Most don't want to deal with someone else's mess (either the pro se filer or the lawyer that one is trying to replace.) Not saying that it can't be done, just that I've read some postings on here about how hard it is to add a lawyer after filing. Good luck!

[lrprn]

If I file my Chapter 13 to stay all court proceedings, can I then hire an attorney to amend the plan and represent me?

Yes, but you are likely to have more difficulty finding a lawyer to represent you and it could cost more.

I have contacted several attorneys, but they are in no hurry and I must move FAST to get the stay in place.

Most Ch 13 lawyers understand the need for speed when it's truly necessary - for example, an imminent foreclosure that's happening within days. Why do you believe you have to file Ch 13 immediately? Did you explain the 'need for speed' clearly to the lawyers you met with?

Frankly filing a pro se (without a lawyer) Ch 13 is to be avoided if at all possible. Ch 7 filers can manage to file without a lawyer if their cases are straightforward, no asset cases and they are willing to do a tremendous amount of research and homework first. Ch 13 is another thing entirely. There are tremendous differences between how local courts, bk districts, even trustees in the same local court interpret the more "gray" Ch 13 areas of the bk law (and there are a lot of those in Ch 13). You aren't going to know those interpretations. That's going to cost you more for your lawyer (if you can find one) to fix with an amended filing.

Unless there truly is an imminent foreclosure happening within the next week and you want to keep the property, there are very few other legitimate reasons to file Ch 13 as an emergency. What's your situation?

[tpod]

The foreclosure has not been filed yet and I want to avoid that filing. Right now I am just behind. I really want to do this. I am a paralegal, have some legal knowledge and the initial forms are basic. I appreciate your advice. Very much.

[imaloser]

have you tried to get a loan modification directly from the lender ? if you're behind, they kinda pay attention. they can also suspect foreclosure proceedings (not always) while in the modificaiton process. then file bk ?

[tpod]

Yes, I have been trying to work with them for over 2 months. They have not been very responsive, and when I called last Monday, they said "sorry" our file had gone to the attorney for foreclosure. ??? I don't trust anything they say now. I just know I need to stop them.

If I file a Chapter 13 and they have not filed the foreclosure action yet, they will not file it correct? They will wait until the first court hearing, correct?

[imaloser]

i think it's pretty safe to assume you have already received a "notice of default" ? you could also try calling your lender's attorney's office to find out what stage they are at in the foreclosure process. if you do file a chapter 13 that will stop any and all activity but you will have to start making a regular mortgage payment. or, you can answer the notices in court to hold things up - especially if there is no "note" attached to your notices. when lenders foreclose they must have a note of ownership attached - a lot lose them in the shuffle - so, in order for them to legally foreclose, there has to be a note.

[tpod]

Thanks. I just want to stop the madness. Calling is useless. I have left dozens of messages over the last 2 months and received NO returned phone calls. Very very scary. I have found an attorney who will take over my case once I file today, and I am meeting with him Saturday morning. I am hopeful, cautious, but hopeful.

[tpod]

Filed my own 13 Tuesday. I have an appt. with an attorney Saturday. I needed to stop all proceedings for peace of mind. It was hard finding an attorney, but not impossible. They just want to get paid.