Legal Question in Bankruptcy in California

Are you REQUIRED to pay your attorney to sue the lender in a Chapter 13 bankruptcy plan when it is about to be completed to have the lien removed for a 2nd mortgage (it was converted to a regular debt like a credit card when the 13 was filed) in order for the plan to be successful if you continue to make the payments as scheduled until the audit is conducted and the trustee sends you the paperwork verifying the plan has been completed at the end. This particular attorney has not given a clear answer as to whether or not what would happen if the $1500 is not paid to him and the case concludes in April 2012----the person does not have the money to pay the attorney. What can happen if the suit is not filed? Will they default? Does the lien just remain on their home so when they sale they just pay to have it removed? Thanks.


Asked on 10/20/11, 10:26 am

1 Answer from Attorneys



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