Legal Question in Bankruptcy in Florida

ch. 7 bankruptcy question

Hi,

I have two questions. First I live in Florida and am in the middle of a chapter 7 bankruptcy. I have been through my 341 meeting with no problem. I want to reaffirm the debt on my mortgage, but the judge denied originally, saying that it appeared it would cause an undue hardship. My lawyer, without my permission, changed a bunch of numbers around on my financial forms, and resubmitted it. He apparently said since I make car payments to a family member that the debt was flexible and I didn't need to pay it anymore. It now shows I have an excess of $150 each month, when I don't. I still have to make that payment each month or I will be without a car. The trustee knew about my agreement and had no problem with it.

After the motion for reconsideration was re-submitted, the judge denied it again...still stating the reaffirmation would create a hardship. The bank has told me it is because lawyer will not sign the reaffirmation agreement. He says it is his personal policy not to sign any of them...period. Is there anything i can do at this point? Lawyer says he doesn't want to ''piss the judge off'' by messing with it any further. Also, now I 'm afraid since he messed with my numbers that the discharge will not go through.


Asked on 6/10/09, 7:21 pm

1 Answer from Attorneys

Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: ch. 7 bankruptcy question

Discuss these issues with your attorney

Read more
Answered on 6/10/09, 11:20 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Florida