Legal Question in Bankruptcy in Florida

Please help!!

We filed chapter 7 and our attorney put our house in as surrendereing... We want to keep it! We were told that the house needed to be put in & were not informed that we could not try to save it if it was surrendered!Can we ammend our bankruptcy after the hearing?


Asked on 2/24/09, 6:03 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Please help!!

You are allowed to amend your bankruptcy paperwork. You can change the bankruptcy paperwork to show that you wish to reaffirm the house instead of surrendering it. "Reaffirm" means "keep the mortgage and house." However, you may not be able to do this if you're behind on your mortgage payments. If you are in a chapter 7 bankruptcy, and you attempt to reaffirm your mortgage, you may cause the bank to immediately seek foreclosure against you.

If you are behind on your mortgage, and want to save your house, you should speak to your lawyer about switching to a chapter 13 bankruptcy.

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Answered on 2/25/09, 9:03 am
Raymond LaBella LaBella Law, P.L.

Re: Please help!!

Pursuant to Florida Bar Rules of Professional Responsibility 4-4.2, most attorneys will not comment on cases being handled by another attorney.

I would strongly encourage you to discuss your right to amend your pleadings and reaffirmation options, or converting to a Chapter 13, with your present counsel.

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Answered on 2/25/09, 3:09 pm


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