Hello new here...so confused and beaten down

[SheilaQ]

Hello,

My husband just filed Chapter 7. We began this process in September 2024 the 13 the to be exact. His lawyer literally just filed last week.

I am not even filing just my husband bc of a car and everything has literally blown up in our face.

At first the lawyer said go chapter 13. Never filed the paperwork. He 'got busy'. We were in a FHA mortgage forebearance bc of the situation with the car. He tried to say the first time he wouldn't file till my husband made his first mortgage payment after forebearance. We made it. He didn't file. He got busy. Not to mention he was making digs at my husband saying he got himself into this mess when my husband questioned him why he didn't file.

End of year still nothing. New year contact him he supposedly fell broke his pelvis. And then off bc he never filed the creditors started back up and we had to do another mortgage forebearance. I also had to cut my hrs back bc I have very bad anxiety/depression and it reared it's head and this back and forth with this lawyer didn't help it. Bc my husband asked if maybe there was someone who was taking over for lawyer to finish his case it caused a huge kerfuffle. The lawyer got mad. And decided he only wants to talk to me

Then I guess the bug flew out of lawyers butt and he was ok again and ready to tackle this bankruptcy. By this time things changed. And we would qualify for chapter 7. We told him we did the forebearance he said ok.

He filed the chapter 7 with 3 days to spare before my husband had to retake the certificate.

So I touch base and I mentioned he talked to mortgage company and along with other places he gave them the bankruptcy case #.

The lawyer starts yelling we never told him. I yelled back and with a few four letter words told this lawyer he was told. He cooked his jets. The mortgage company said we weren't going to lose our home bc this forbearance was in place before filing and we just start payments back up in July as per agreement.

But I asked the lawyer about reaffirmation of mortgage and got a song and dance. And he told me all mortgage companies are different and we have to do a modification. Mortgage company said we don't need one. We have a lower interest rate then we would get with modification. Then all of a sudden lawyer don't know anything about forebearance keeps calling it a modification.

Then we get a letter there are a bunch of documents missing. If they aren't in within 7 days the case will be dismissed. Text the lawyer at 7 pm tells me I am not reading paperwork right. I screenshot it and send it the letter to him. A little back and forth and he says it is a wee bit late to text. So I finally snapped. I told him if he filed the paperwork that letter wouldn't of came in. I said he needs to deal with my husband. I am not the go between. I didn't file.

So beaten down from this. And the remarks he makes are hurtful.

But my biggest thing is has anyone know of anyone in an active forebearance with their mortgage that went chapter 7 with no reaffirmation and just went back to making their mortgage payments after forebearance. Mortgage company assures US we won't lose our home. But my lawyer literally knows NOTHING. We live in Rhode Island.

Thank you if you read this far.

[justbroke]

Welcome to BKForum. Going through bankruptcy can be stressful but it's a highly complex and paper-intensive process. From what you wrote it reads as though your attorney was not very responsive. However, I have seen a bankruptcy filing take as many as 8 months based on debtor inaction. If there's too many things going on, forbearance, foreclosure, repossessions, evictions, other lawsuits, then it gets complex. I would still expect prompt responses from the law office if you paid all of your fees.

But my biggest thing is has anyone know of anyone in an active forebearance with their mortgage that went chapter 7 with no reaffirmation and just went back to making their mortgage payments after forebearance. Mortgage company assures US we won't lose our home. But my lawyer literally knows NOTHING. We live in Rhode Island.

Your bankruptcy attorney is not a real estate attorney so I wouldn't expect them to know everything about your specific mortgage company. Generally speaking, a bank can't foreclose on a home where you are current; or otherwise not in default such as failure to maintain hazard insurance. If you are in a forbearance then. you are technically protected from being in default. You need a default in order to foreclose. The lack of a reaffirmation therefore does not mean a bank can foreclose.

If your bank is telling you that their forbearance will protect you from a foreclosure then you can go with that. However, a failure to pay can result in a foreclosure. Foreclosure law is different and it's difficult for a bankruptcy attorney to provide legal advice on what your bank may or may not do. If you are in an FHA loan then those have very specific protections, and again, your bankruptcy attorney is likely not an expert on the FHA Handbook.

Not to defend the attorney but for most "no-look" Chapter 7 filings, the attorney fees do not include any additional work such as dealing with mortgage and foreclosure issues. The bankruptcy attorney would just generally warn you about foreclosure, that you need to pay, and that you may need to hire a foreclosure specialist.

[I have been away on vacation over the last week so that is why my response is late.]

[SheilaQ]

Thank you so much. You explained it better than the attorney or bank. We do have an FHA mortgage. We truly appreciate your answers. Thanks a million 😊