I am not sure who we talk too here my ch 7 is discharged my wife's is still waiting. We are getting foreclosure notices in house and our lawyer is a damn joke and isn't taking anything serious, not giving us answers or doing as we ask. Who can I talk to cause everybody we talk to we get different answers. Wife is making payments on house but still behind and bank says just pay what you can and we will work with you but now getting foreclosure notice so idk what to do here
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A Chapter 7 will never fix a foreclosure issue. While your personal responsibility to pay will be discharged, the mortgage will survive as it secured the debt (the loan). Your Chapter 7 bankruptcy attorney can't do anything. You must work with your creditor to avoid foreclosure if that is what you want.
You could ask your creditor, especially if an FHA loan, for a forbearance and then to do a modification. Your Chapter 7 attorney is not going to help you with any of that.
I'm guessing that your attorney told you--and maybe you forgot--that the Chapter 7 is not going to fix a foreclosure issue with your home. Only a Chapter 13 would have done that. If you want to save the home. you could file a Chapter 13 to pay the arrears. Otherwise, other than you getting a modification from the creditor, the foreclosure will proceed to judgment and an eventual foreclosure sale.
Bottom line: you, personally, need to be working directly with the bank. The bankruptcy attorney can't help you in that regard. Call the bank and ask for a modification.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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