Should I switch attorneys?

[porcelina68]

What is the name of your state? Indiana

I have gotten behind on my mortgage payments, postpetition, in my Chapter 13 plan. (My plan payments to the Trustee are up to date). My attorney immediately tells me that there is no way my plan can be modified to include the postpetition arrears. He tells me that the Court, and mortgage company attorney will not allow that.

Am I just done for at this point? The mortgage company has been granted relief from stay (last week).

 

[bigun]

Why did you file a 13 to begin with?
One of the requirements of a Chapter 13 is, unsecured creditors can't get less in a 13 than they'd have gotten in a 7. Depending on your states exemptions, there may not be anything a new lawyer can do.

 

[porcelina68]

I filed, mostly, because of arrears on my mortgage. Then, after filing, I got behind again because I had to pay out of pocket for a medical procedure for myself. Then, a month later, my 5 year old had to have an emergency appendectomy, and there went another chunk of money to pay the copay.

When it rains...

 

[bigun]

Unfortunately, you can't aford a house at this point in your life. I'd talk with my lawyer about converting to a Chapter 7 and letting the house go and just start all over.

 

[Gregeney]

It may be too late to do you any good but when you had the necessary out of pocket medical expense you could have made a motion to suspend your Plan payments until your financial situation got back to normal. You may still have the possibility to do that but it may not be enough to get your mortgage current quickly.