How do I get by attorney to add asset to schedules in chapter 13 bankruptcy?

It sounds like your lawyer is lazy and perhaps inexperienced. Those of us who have worked with foreclosures and real estate and bankruptcy for quite a few years learn about the kind of situation you mention. I suggest you find another lawyer. Failing that, instruct your lawyer to amend your schedules A and C (at least) to list, on A, the property with its legal description, and on C, that it is exempt (if it is, as seems likely). You'll have to sign the amendment. If this bird will not do it for you promptly (if you give him the legal description it should take twenty minutes or so if he knows his business), either do it yourself or definitely have another lawyer take over. Good Luck.

First, I'm very surprised the lawyer didn't check this before he prepared your petition. Doing a check on land title and liens is a required part of representing a client in bankruptcy. (This is because land title is complex and a surprising number of people are unsure or wrong about the details of their title.) However, you're now in the situation and blaming an incompetent attorney doesn't change that but the error in filing is the attorney's fault not yours. Since you told him how you believed the real estate was titled and he then prepared to petition differently, you had every right to assume that he did his job, check the title and determined that this was the proper way to list it for the bankruptcy. I'd recommend that you write your attorney and spell out that you told him (or his staff - whoever interviewed you) before the petition was prepared that your understanding was that you owned two parcels of real estate: the house and five acres with a mortgage and five acres of land free and clear. When you signed the petition, you relied on him as an expert that the property was properly listed on the petition. Now, you have found out that the attorney erred in the preparation of the petition and because of his error the petition understated your equity in the land. State how many times you have attempted to get his advice on this by phone or from his staff to no avail. Tell him that you need him to advise you on how to handle the situation at this point. If he responds, make a record of what he says. If you calls you, write another letter to him confirming the call and the advice he gives you. If he doesn't respond, contact the U.S. Trustee's office in your area and send them a copy of the letter, that your attorney hasn't responded to your attempts to contact him and you'd appreciate any help that they can give you.

You have provided a lot of detail, but your answer ought to be set out in your fee agreement. I charge an additional amount of money to file an amendment in any bankruptcy case, and I suspect most attorneys do as well. If the split to the property occurred after the bankruptcy was filed, I don?t think you have a problem. But if the split occurred before the bankruptcy was filed, you may setting yourself up for a lot more trouble than you can imagine because the unencumbered 5 acres become potential ?liquidation value? that may significantly increase the amount you need to pay into your plan. Now might be a good time to obtain a second opinion with the best Chapter 13 attorney in your community.

If you feel that your attorney is not providing adequate representation, you should consult with other bankruptcy attorneys. You may obtain new counsel at any time. Some attorneys will want a retainer paid at the time you hire them to represent you in your Chapter 13. Some attorneys do not ask for a retainer, but will seek to be paid for their work by filing fee applications with the bankruptcy court (paid by the funds you pay into your case).

Write your lawyer a letter, keep a copy, to protect yourself. He should act on the letter and you have proof you disclosed. Best of luck.