BofA has an incorrect record of our BK being dismissed & my lawyer is useless

[justbroke]

So if this is the case, JB, then why do mortgage lenders have to file with the court to get permission to foreclose, even if the filer indicates they intend to surrender?

In a confirmed Chapter 13, they don't have to if they wait for confirmation. However, since confirmation takes many months in most Districts (at least 5 months in Florida), the lender would generally file for relief from the automatic stay so as to speed up the process. Many lenders also file for relief just to make sure. I have read cases where lenders filed for relief from stay in a Chapter 7 case a week or so before discharge, only to have the Judge deny the relief as "moot".

Simply put, a secured creditor does not need to file a motion for relief from the automatic stay if the plan surrenders the property and the plan is confirmed.

[justbroke]

Thanks everyone for the good ideas. Sounds like stuff I can definitely handle (attorney still hasn't called us back and my husband called twice more last week).

I think that your attorney still should help you out. However, many Chapter 13 fee agreements only include the attorney's fees up to and including confirmation. Anything post-confirmation is on an hourly rate. Still, though, he should help you more than just "writing" a letter, but generally speaking, an initial stay violation is handled by "just" writing a letter.

It's the subsequent violation after the letter (and a cooling off period) which you should really get mad about.