QUESTION
How can I get a bankruptcy court approval on a mortgage modification?
Asked on Jun 10th, 2013 on Bankruptcy - Massachusetts
More details to this question:
My ex filed chapter 13 on our house and I have to get the modification approved by the courts. Her attorney is no help. The bank has approved it and I am making the payments now and they want the courts okay to finalize the rate.
7 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but you paid or are paying your attorney. Demand that they help or fire them and hire a new attorney.
Answered on Jun 11th, 2013 at 10:10 PM
Bankruptcy attorneys aren't going to help unless they get paid to perform additional work. We can't afford to work for free any more than you can. Obtaining court approval for a loan modification is additional work and if you want this work performed, someone will have to pay an attorney to provide this valuable service.
Answered on Jun 11th, 2013 at 3:42 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Her attorney represents her, not you. You should have your own attorney represent you.
Answered on Jun 11th, 2013 at 3:42 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I would send a letter, along with documentation from the mortgage company, to her trustee. He or she may be able to help with the modification. If it changes your wife's income and expense figures, her plan will probably have to be amended.
Answered on Jun 11th, 2013 at 3:41 AM
All you need to do is present a copy of the final loan modification documents to the Chapter 13 Trustee's office and request that the Trustee authorize the transaction. You don't need a court order.
Answered on Jun 11th, 2013 at 3:41 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Change attorneys.
Answered on Jun 11th, 2013 at 3:40 AM
Bankruptcy Chapter 7 Attorney serving Boston, MA
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Conner Law Offices
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You need to get your attorney to file a Motion to Approve Loan Modification pronto. Your Modification probably even states that you need to get the motion filed within a period of time. Expect to amend your schedules and your plan as well.
Answered on Jun 11th, 2013 at 3:40 AM