My attorney rejected my case!

[Ineedhelp2]

I talked to an attorney yesterday, of the same firm that filed my first chapter 13 that was dismissed after two years. I could not keep up with the plan...

I told him about my creditors coming back after me, and we discussed Chapter 7 vs Chapter 13, and then he questioned me about my house, and got me all interested in the idea of stripping the second mortage and filing chapter 13 again.

We were all set up to do a filing tomorrow, but the original attorney killed the deal. I spoke with him briefly and he said this filing would be in "bad faith" since I am now further behind in my mortgages, that he didn't think I could stick with plan (though I told him my income has improved but he said "he heard that before"), and overall I got the impression we would be more trouble to him than we were worth. He gave me some names of other attorneys to contact and that was it, but I cannot find anyone to file on a short notice.

The sale is tomorrow, Friday at 2 pm.

I cannot get an attorney.

Is there anything I can do myself to file?

[Ineedhelp2]

Or would there be anything I could do to delay the sale to buy some time to find an attorney?

[HHM]

Probably do what you should have done 2 years ago, let the house go and get something more affordable.

All you can do is file an emergency chapter 13 petition, but that is only going to buy you, at most 30 days, and good luck finding an attorney willing to jump into your case after you already filed it to take you the rest of the way.

The problem is, you will only get the benefit of the automatic stay for 30 days because it is refiled case and a foreclosure is pending. Unless YOU file a motion to demonstrate that your subsequent filing is in good faith, the automatic stay is automatically lifted after 30 days.

What constitutes an emergency petition can vary by district, but generally it is the petition (the first 2 pages), Schedules of secured and unsecured creditors, creditor matrix, statement of SNN, and the consumer credit counseling certificate.

[Ineedhelp2]

My house is not unaffordable, especially if the 2nd could be stripped. I'd be paying about the same as rent.

There's no way I could do this in time.

I feel that they let me down when they could have helped.

[HHM]

Well, I am not going to buy into the pity party, you were the one who fell behind, it wasn't your attorney who didn't write the checks and didn't send them to the trustee.

Sorry if this seems harsh, but reality is what it is.

[ELBKnow]

I'm sorry. it sucks. We all get in situations with money that we can't believe. I just took another payday loan. I ahte myself for it. I am filing in a month or two.

Fight. Do what you can. Call another attorney. First thing tomorrow. Try to save this house. Don;t give up. You can do this.


In the mean time. Losing a house is not the worst thing ever. Seriously. Nobody will die. The worst thing you can do is take this hit knowing that in a few years things will start looking up.

[Flamingo]

My house is not unaffordable, especially if the 2nd could be stripped. I'd be paying about the same as rent.

There's no way I could do this in time.

I feel that they let me down when they could have helped.

Just because you consulted with an attorney or one represented you before does not mean they have to take your case if they don't want to. Also if the sale is today and you consulted with an attorney just within the past few days, why did you wait so long?

[Ineedhelp2]

Well, I am not going to buy into the pity party, you were the one who fell behind, it wasn't your attorney who didn't write the checks and didn't send them to the trustee.

Sorry if this seems harsh, but reality is what it is.

Thanks. That's just what a guy needs who will lose his home within 24 hours.

You don't know the whole story, and I didn't ask for a pity party, so ---- ---!

Fill in the blanks as you please. I'm not a rude person, but I'm giving myself a little leeway under the circumstances...

Also if the sale is today and you consulted with an attorney just within the past few days, why did you wait so long?

I went to the attorney to talk about filing because of my unsecured debt and a pending lawsuit. I had written off any chance of saving the house. HE was the one who brought it up and persuaded me to persue it, and to get the second lein stripped. We had one day to do it, and he told me that I would have to drive up to his office, etc., and we began preparations, and were ready to leave this afternoon, and his partner called me back and told me they wouldn't do it.

He was the one who showed me a last minute way to save our house, and then his partner killed it.

[Ineedhelp2]

I'm sorry. it sucks. We all get in situations with money that we can't believe. I just took another payday loan. I ahte myself for it. I am filing in a month or two.

Fight. Do what you can. Call another attorney. First thing tomorrow. Try to save this house. Don;t give up. You can do this.


In the mean time. Losing a house is not the worst thing ever. Seriously. Nobody will die. The worst thing you can do is take this hit knowing that in a few years things will start looking up.

Thanks for the encouragement, but I ran out of steam. I don't have the time or the energy to do anything in time.

Only thing I can do now is hope they cancel or postpone the sale, and maybe I would have another shot at this.

If they take the house, at least I have some certainty finally, and know that there is no longer any debate between renting and working something out.

[aa06a47]

Having just completed my Chapter 13, I have but one regret. I'm on the other side and I still have a big ass house payment.

I do feel for you and the emotions you are going through right now. Try and look at it as when you get through the tunnel, you will have a true fresh start. There will still be houses for sale in 5 years (assuming the Myan calander isn't correct).

Your attorney may not have taken the case because there is a time limit between filings. You might not have been able to get a discharge, so all the filing would do is buy you some time????..not sure how that all works. I don't understand why he still wouldn't have taken your money.

[Flamingo]

I went to the attorney to talk about filing because of my unsecured debt and a pending lawsuit. I had written off any chance of saving the house. HE was the one who brought it up and persuaded me to persue it, and to get the second lein stripped. We had one day to do it, and he told me that I would have to drive up to his office, etc., and we began preparations, and were ready to leave this afternoon, and his partner called me back and told me they wouldn't do it.

He was the one who showed me a last minute way to save our house, and then his partner killed it.

Something bad went down as to your first filing and you know it to cause your former attorney from that firm to step in. I don't know what it was but it's obvious that attorney doesn't want the firm to have to go through that again. It's all risk based and they don't have to accept all clients. The attorney you consulted with was just trying to do his job and pull in business for the firm as in any business. He was probably not that familiar, if at all, witih your past filing.

If you can't afford the house you can't afford the house. Houses do not leave the planet. It sounds like you really can't afford it but just want to hold onto it and do you really want to possibly set yourself up for a similar scenario as to what happened last time? You should be able to qualify for another home in 3 to 5 years if you work hard on your credit and any payments on anything from here on out and save a nice down payment.

Best of luck to you...

[HHM]

Thanks. That's just what a guy needs who will lose his home within 24 hours.

You don't know the whole story, and I didn't ask for a pity party, so ---- ---!

Fill in the blanks as you please. I'm not a rude person, but I'm giving myself a little leeway under the circumstances...



I went to the attorney to talk about filing because of my unsecured debt and a pending lawsuit. I had written off any chance of saving the house. HE was the one who brought it up and persuaded me to persue it, and to get the second lein stripped. We had one day to do it, and he told me that I would have to drive up to his office, etc., and we began preparations, and were ready to leave this afternoon, and his partner called me back and told me they wouldn't do it.

He was the one who showed me a last minute way to save our house, and then his partner killed it.

Well, I also gave you an option in my previous post, emergency chapter 13 petition, so you can't say I didn't try and help, but I can also provide some perspective.

[justbroke]

Or would there be anything I could do to delay the sale to buy some time to find an attorney?

While we feel for people in dire need, we have at least one person come here the day before, asking how to help. The combined experience of the Moderators alone, who have weighed in on this, show that this may just be too late.

[QUOTE=Is there anything I can do myself to file?]HHM provided this information to you earlier in the thread.

Let us know what happens. If you do file yourself, you need to do "first day motions" which includes asking the court to extend the automatic stay (since it will automatically end after 30 days due to your serial filing). This was probably the concern of your attorney. The problem is that you'll need a very good reason to overcome the fact that a Motion for Relief from Stay was issued in the prior Chapter 13, and you're trying to enjoin the same lender from foreclosing in this serial Chapter 13 filing.

[ABC]

What about having the lender produce the note ?

[justbroke]

What about having the lender produce the note ?

The Original Poster apparently didn't do anything in that regard. When there's a lawsuit and you don't respond and/or raise a defense, such as produce the Note, then you can't bring it up at the sale. There's no clemency in the 11th hour as there is for death penalty cases. This is civil law.