Legal Question in Bankruptcy in Florida

Bankruptcy foreclosure on single family home

We consulted a attorney for a possible bankruptcy. He advised us to file a chapter 13 and to not pay our house payments for several months, to pay him instead. During the proceedings we were not properly advise on certain matters of the Chapter 13. When we told our attorney he readvised us to file a chapter 7 instead.

We files on everything with the exemption of 1 car and our single family home. He told us that as long as we made a payment agreement we would not lose our home.

I called the mortgage company and made the agreement prior to the chapter 7 being filed. we were almost caught up on back payments. Then after about 3 months of almost doubleing our mortage payments the mortgage company has refused payment and the Mortgage company has a attorney that has filed a Motion of relief of stay. Now our bankruptcy attorney is stating we might have to file a chapter 13 behing the 7 to keep our home. We are according to the Mortage company 5 months behind now since they will not take our payments.

We never broke the agreement with the mortgage company and paid our debt on time once we reached a repayment agreement plan.

They are the ones refusing to except payment.

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