Legal Question in Bankruptcy in Florida

filed and done with chap 7 and now final judgment awarded?

My husband and I filed and got over with bankruptcy back in Feb 2008. In Sept. 2008, there was a summon for foreclosure on the property and my original lawyer said don't worry about it, so we took his advise and did nothing. Now in Dec. 2008 the court award the defendants for a final judgment for the mortgage that we file and gave up the property in Feb 2008. It says on the letter that I got saying that we did not respond to their motion back in Sept. so the judge has award them. What are we suppose to do now? Our lawyer back in Sept. told us that we have to hire him back for further assistance, which to me sounds a little funny because isn't this still under the bankruptcy law? We need help, what are we suppose to do now since the final judgment has been awarded to them.


Asked on 12/09/08, 9:46 pm

1 Answer from Attorneys
L.A. BK Atty Leon Bayer Bayer, Wishman & Leotta

Re: filed and done with chap 7 and now final judgment awarded?

I am unhappy with your lawyer.

Sure, this is technically not included in the cost of the BK, but I would not think of charging my own clients to review the papers and tell them what it all means.

You do need to see a lawyer. If you are unhappy with your attorney, it should cost you very lettle to see another bankruptcy lawyer for 10 minutes or so and get some advice. I can't do it from here because I would need to see all of the paperwork.

Chances are good a lawyer reviewing everything will tell you that the papers mean the lender gets the house, but that they will not be able to make you pay them, (but you need to hear what a lawyer says after reviewing all the papers). I assume you intend to walk from the house.

I do hope you get the advice that you need to understand what is going on.

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Answered on 12/10/08, 11:14 am


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