I need help filing a motion with bankruptcy court in plano , TX to modify my first mortgage. I have file for chapter 7 pro se that was discharged

This is a very important question as it demonstrates the importance of the meeting to have an experienced bankruptcy lawyer help you from the beginning of your bankruptcy, so mistakes like this do not happen. If you need a mortgage modification, meaning your behind on payments and having trouble paying your mortgage chapter 7 bankruptcy would not have helped you. If you received a discharge then you would need to reopen your case to file any motions. But chapter 7 bankruptcy does not allow you to file motions for all mortgage modification, in fact you need to be caught up on all payments before filing chapter 7 or any debt that your behind on will automatically be discharged in a chapter 7 bankruptcy. Once a debt is discharge in chapter 7 bankruptcy, you no longer have the financial obligation on that debt. Since there is no longer financial obligation for you to pay the debt, there is no motion to be filed for a mortgage modification. If you wanted to file a motion for a mortgage modification that would of been done in a chapter 13 bankruptcy, these other forms of bankruptcy that are used to save homes that are facing foreclosure. Chapter 7 bankruptcy does not help the situation with a mortgage that is behind on payments. You may want to attempt to contact a knowledgeable bankruptcy lawyer and have them reopen your case, then file a motion to have the case converted to a chapter 13 bankruptcy case, and then finally you may file a motion to have the bankruptcy court petition the bank for a mortgage modification which the bankruptcy court will oversee and the lender must perform the modification in good faith. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob