Legal Question in Bankruptcy in California

I thought that I could challenge what I considered to be predatory lending in the bankruptcy court, and after walking into a very predatory loan I filed for chapter 13, hoping that I would be able to contest that note in the court.

After I hired the attorney and filed the attorney told me he wouldn't help contesting the note, because he 'doesn't know anything about real estate'.

I noticed that in soliciting other bankruptcy attorneys, even really good ones are saying they aren't into an pursuing adversary proceeding.

Am I missing something? Every description of lawyers duties mentions filing objections to invalid notes or debts, yet no one I've spoken to wants to do that.

Am I asking the wrong questions?


Asked on 12/23/11, 5:53 pm

2 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The law would appear to favor debtors in challenging predatory loans, robosigned documents, etc, but most bankruptcy judges aren't buying these arguments.

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Answered on 12/23/11, 5:59 pm


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