Legal Question in Bankruptcy in Georgia

In working through my bankruptcy my lawyer in an email told me not to pay my house payment. Through all of the ups and downs of submitting my bankruptcy info I never missed a house payment. By doing what I was told I am now losing my house to foreclosure. Do I have any legal grounds to go after the law firm for instructing me to not make my payment?


Asked on 11/08/11, 12:04 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

There is not a yes or a no answer when we know one sentence of facts. No one here know anything about why you filed for bankruptcy, what Chapter, or any other facts. Rarely is it the case that someone who misses a payment or two can't catch up. There is far more to the story than you posted.

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Answered on 11/08/11, 12:35 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

It is very likely the lawyer gave you excellent advice. In many bankruptcies, you gain better leverage for modification by delaying payment, and you also protect yourself from wasting money in case there was a situation where the court or circumstances did not permit you to keep the home. Regardless, certainly you would have set aside the money for the missed payments, which meant the house payment could have been caught up IF that was appropriate. There may have been reasons that would have prevented retention of the property in your case.

Having said all of the above, without seeing your entire case file, no one here knows if the advice was good or bad. As Scott told you, lenders don't foreclose over a month or two of missed payments so you have left a lot out that we need to know.

If you think something was done wrong, you an pay a second lawyer to review all your paperwork.

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Answered on 11/08/11, 2:35 pm


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