QUESTION
Is there any other way to get my second mortgage filed into my original chapter 13 bankruptcy without starting over?
Asked on May 29th, 2013 on Bankruptcy - Florida
More details to this question:
I filed Chapter 13 2 years ago. My lawyer did not file my second mortgage as part of an unsecured debt even though it qualifies. His advice to me was to stop paying my bankruptcy court so that I would have to re-file. I've already paid two years of a five year payment plan.
4 ANSWERS
It sounds like you want to strip the second mortgage because it is wholly unsecured, because you owe more on the first mortgage than the house is worth. But, to do that, you have to include a provision in the original plan. You can't amend the plan 2 years later to add that provision.
Answered on May 31st, 2013 at 2:12 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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You can do a motion to modify plan but I HIGHLY recommend you pay someone to take a look at your case and give their second opinion. There is a BIG difference between the quality of lawyers out there.
Answered on May 29th, 2013 at 10:58 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Get a more experienced chapter 13 attorney. They will advise you whether or not to dismiss your case.
Answered on May 29th, 2013 at 9:52 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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Consult with a second experienced bankruptcy attorney.
Answered on May 29th, 2013 at 9:27 PM