Legal Question in Bankruptcy in Nevada

Laywer mix-up is costing us our house, Urgent
Filed Ch-13 10/09/033.Filed on appr 16k in mortgage arrears on Oct 10, 2nd mortgage bought first mortgage that included the above 16k.Our repayment plan allows us to pay 390/month to courts for these arrears.A private individual bought both mortgages in Nov.His attorney filed an relief of automatic stay.Said Ch13 does not allow him to be paid back the pre-petition arrears, not only will he get 16k from the courts, but he tacked on an additional 16k on the total mortgage,so he is actually getting 16k back twice.Our lawyer allowed this to happen and then made a deal with the man's attorney that we would pay this as well as all his attorney fees.We have been fighting this as well as the amount he says he is owed.Property taxes from Oct/Jan should have been in the payment plan as well as a few debts that we missed and wanted to do an amendment.Our attorney charged us $600 above his bk fee and won't even talk to us anymore.New mortgager is filing a relief from stay and foreclosure and we can't find a lawyer to represent us and stop it until it's cleared up. Trustee office said our lawyer should have petitioned the courts for the extra fees to handle this.Lawyer consultations have said we can fight, but no one will take the case.

Asked on 7/06/04, 11:03 pm

Stan Johnson Cohen, Johnson, Day, Jones & Royal

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Re: Laywer mix-up is costing us our house, Urgent

Call me at 454-2111 and give me more information and I might consider taking the case.

Answered on 7/07/04, 12:51 pm

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