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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 05-31-2004, 12:28 PM
ogwhit
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AttorneyOney your opinion please?


What is the name of your state?PA
Our mortgage company filed a motion lift from automatic stay based on a stipulation that was resolved over two years ago. The main problem is that they also submitted a proof of claim nine months too late. Just this week it has been brought up to their attorney's attention that there's another proof of claim ( it's a bunch of crap because I have faxed this to her in the past a couple of times ) , this one is the one my attorney filed in good faith because the mortgage company failed to file theirs on time.
Now she says she's going to look into it and correct any possible problems, ( like using money to pay for things that were not included in our proof of claim because we had no clue ).
We have a hearing that we requested in the bankruptcy court this coming friday , it seems that the mortgage company may work the problems out before then but my attorney says that regardless of anything we should still go on with the hearing on this because he wants everything recorded in court about this.
In my mind all we want is for them to acknowledge that they screwed up and correct their mistakes.
Do you think what my attorney is saying is the right thing to do? the reason why I am asking is because this is not the original attorney we had, the original attorney we had still works in the same practice but is not on charge of our case anymore , sometimes I just don't get a good feeling about this.
If they actually wish to correct their mistakes , do you think it would be a good idea for us to draw up a stipulation and put down the requirements we want? In other words, if they corrected the problems they have right now and allowed us to cancel the escrow account, we would agree to cancel the hearing, if they don't agree , we go to court. Am I making sense to you? What do you think?
The biggest violation here is the proof of claim and their refusal to do anything about it until now, to this day they still haven't done anything about it but at least we know now that they are looking into it.
  #2  
Old 05-31-2004, 03:27 PM
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Join Date: Apr 2004
Location: Boston
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I think you need to trust your attorney. It's understandable if you're nervous about the outcome of this motion, but you'll have an answer either at the hearing on Friday or shortly thereafter.

Do I understand correctly that you're negotiating directly with the mortgage company? I'll bet your attorney told you not to do that, and the reason is that you're likely to create more work for him that will just end up costing you more money in fees.
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Walter Oney, Attorney at Law (Massachusetts)
Nothing in this message should be construed as legal advice or as establishing an attorney-client relationship.
  #3  
Old 05-31-2004, 05:12 PM
ogwhit
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No , I am not dealing with them directly now , but because his lack of communication with them in reference to this issue, yes I was dealing directly with them in the past however the attorney knew all along. Now he says not to deal with them directly because there's litigation involved. I just feel that sometimes he puts things off for too long , he should be a bit more persistent to resolve things.
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