My bankruptcy attorney refuses to write a letter to our management company what should I do

Bankruptcy: Bankruptcy Attorney refuses to write a letter to our mtg co. so they can talk with us about loan modification, they say they need permission to avoid sanctions against them, and he says they do not. We go to court in two days, what should I do.
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We are going to court to get the bankruptcy completed, we only just filed on Sep. 2. The stay must still be in effect because the process is not yet complete. On the forms we signed, we said we would surrender the home. However, in light of the new changes with Countrywide Home Loans, I may still be able to keep our home. I don't know the process, so I don't want to miss any opportunity to save the home.
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Answers (2)

Lesley Abigail Hoenig

Lesley Abigail Hoenig

Contributor Level 7
Unless your mortgage company has a lift of stay, there is no way they are going to talk to you directly about your mortgage in any way, shape or form. Your attorney probably doesn't see it as in your best interests to authorize them to speak with you directly, but mortgage companies aren't going to be inclined to negotiate a loan modification if you are in a bankruptcy and the stay hasn't been lifted. You haven't stated which chapter you filed, whether the stay is still in effect, etc, so it's not possible to tell you whether your attorney is right or not. Especially since I have no idea what you are going to court for in two days.
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Brett D Weiss

Brett D Weiss

Contributor Level 6
Have you asked your attorney why he/she refuses to agree to this? I routinely allow my clients to discuss the possibility of a loan modification with their lenders, provided that they don't agree to anything and require that all proposals be approved by me before anything is signed.

Brett Weiss
brett@BankruptcyLawMaryland.com
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