Legal Question in Bankruptcy in Indiana

modification while in bankruptcy

I filed for ch. 13 in 12/06, ever since then I have been trying to modify the terms of my loan on my house. The mortgage co. had asked me to have my lawyer file for a motion from stay so that they are able to help me. My lawyer refused to help me and said that it wasn't necessary and because he offered little help, i had to hire the mortgage co.'s lawyer to do it for me.

the mortgage co. and I came to an agreement and a modification which will last 3 years however they want my lawyer to file a motion for approval in modification. Again he said that it wasn't needed since i already filed a motion for relief from stay. the mortgage co. will not help me without this motion or a letter from the lawyer stating that the motion isn't needed and he would take full responsibility if it was. What can i do? can i contact the court or the trustee myself, can i file a grievance against him. any help would be great...

Asked on 2/18/09, 7:51 pm

1 Answer from Attorneys

Gregory Coleman Coleman Law Office

Re: modification while in bankruptcy

The best place to start is to call the Trustee in your case. i would definitely walk in and ask to see your attorney and request his explaination. If he can't, then there are other options.

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Answered on 2/18/09, 8:40 pm

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