Few Question

[GettingGoing]

This is my first post and I would like to thank everyone for all the great information and for a great helpful website.

I have read all the faq's and don't see the answer to my questions. My wife and plan to file bk7 pro se and our only issue I can see is that we are currently in a loan modification from Wells Fargo. Its just an in-house modification where the past due payments will be put on the end of the loan. We must keep our home as we have a 20 month old daughter and can not uproot her right now. After hours and hours of searching I have found a lot of different answers to this problem. Who would I need to talk to to find out a definitive answer? Would it be wells fargo or the trustee?

[aces67]

I'm not sure but hopefully one of the members can answer your question.

[music12]

even if you plan to file pro se, you should go for free consultations with bk attorneys. ask two or three of them this question. see what they tell you.

[GettingGoing]

even if you plan to file pro se, you should go for free consultations with bk attorneys. ask two or three of them this question. see what they tell you.

I have already been in contact with a couple of attorneys but none seem to be interested in even meeting with me. Was hoping for some answers here. Thanks for the advice though. I will continue to look for a good attorney.

[music12]

let me guess: you told these attorneys that you are going to file pro se.

right?

if that's the case, of course they won't talk to you. the idea behind free consultations is that the attorney invests 30 minutes of his time for free hoping that you would then hire them.

so try some new lawyers, this time don't tell them you plan to file pro se. just tell them you are considering bk. i'm sure they'll meet with you.

[GettingGoing]

let me guess: you told these attorneys that you are going to file pro se.

right?

if that's the case, of course they won't talk to you. the idea behind free consultations is that the attorney invests 30 minutes of his time for free hoping that you would then hire them.

so try some new lawyers, this time don't tell them you plan to file pro se. just tell them you are considering bk. i'm sure they'll meet with you.

Of course I didn't tell them I plan to file pro se. I actually may just hire an attorney if I find one that I actually trust and that seems to know what they are talking about.

[music12]

then i am very confused. attorneys need clients. i don't see why on earth they would not meet with you. maybe try to set something up with a secretary. once you are physically there, you will get some answers.

or maybe someone on this forum will help. i don't know enough to help.

[GettingGoing]

Talked to an attorney today who seemed to not have any answers for me regarding this issue. I keep getting completely opposite answers from different forums too.

[DeadManCrawling]

I doubt anyone can answer this.

Simply put, the bank does not know what it is doing from one department to another, and this situation is so new there really aren't many cases you can look at. Trustees vary on what they allow for expenses as well, including, in some cases, mortgage expenses.

I don't think anyone knows how the trustee will view the expense of a possibly temporary modification. Also, the bank may or may not make it permanent, may decide to foreclose if you file BK, or even if you do not.

Tough situation, and sorry you cannot find answers. It may turn out that the only way to get an answer is by filing. Then, it might not be the answer you would like.

[MSbklawyer]

I have already been in contact with a couple of attorneys but none seem to be interested in even meeting with me. Was hoping for some answers here. Thanks for the advice though. I will continue to look for a good attorney.

Well why would they be interested in meeting with you? I'm not trying to be harsh, but if you make it known in advance that all you want to do is pick their brain so that you can get enough information from them about how to file your pro se case, what's the potential upside for them?

[GettingGoing]

I doubt anyone can answer this.

Simply put, the bank does not know what it is doing from one department to another, and this situation is so new there really aren't many cases you can look at. Trustees vary on what they allow for expenses as well, including, in some cases, mortgage expenses.

I don't think anyone knows how the trustee will view the expense of a possibly temporary modification. Also, the bank may or may not make it permanent, may decide to foreclose if you file BK, or even if you do not.

Tough situation, and sorry you cannot find answers. It may turn out that the only way to get an answer is by filing. Then, it might not be the answer you would like.

Thanks for the insight. I just can not risk filing ch7 and losing my home. Ch13 is not an option either. I am starting to think that I may just take one creditor at a time and work on PFD's. Our debt is about 40k consumer debt with a few medical bills. I have read that many creditors are settling for 20% of the balance due so if I can get this taken care of for 8k then that is what I will have to do.

[GettingGoing]

Well why would they be interested in meeting with you? I'm not trying to be harsh, but if you make it known in advance that all you want to do is pick their brain so that you can get enough information from them about how to file your pro se case, what's the potential upside for them?

Of course I didn't tell them I plan to file pro se. I actually may just hire an attorney if I find one that I actually trust and that seems to know what they are talking about.

I am not trying to be harsh either but did you read the entire thread?

[MSbklawyer]

I am not trying to be harsh either but did you read the entire thread?

Apparently not.