Legal Question in Bankruptcy in Washington

My mother and father filed chapter 13 bankruptcy. The house mortgage and outstanding car loan are being managed by trustees to the tune of about $1250/mo. Dad passed away in September. Mom has never worked, is 62 and getting widows benefits in the amt of $1200/mo. Mom does not want to walk away from the home because she feels if she can stay in it she can sell it and get some equity off of it before moving on; plus she can rent an attatched building for some income. The bankruptcy court is set to do something on January 11th and have sent a letter stating they want to increase the monthly trustee amt, want to know why mom and dad didn't modify the loan [they tried and the bank refused]. Is there any relief through bankruptcy for a widow whose husband died during the bankruptcy [ie. payments according to income, etc]. Does she need to refile independently? She had a lawyer, but he dropped her like hot potato when dad died and now she is alone w/o income to hire someone new.


Asked on 12/30/10, 3:20 pm

1 Answer from Attorneys
L. Jed Berliner Berliner Law Firm

My condolences on the loss of your father.

What you heard from your mother about the attorney may or may not be the whole truth. Perhaps you should take control of the communications with the attorney.

A lawyer cannot drop a client, like a hot potato or otherwise, without court permission. And it's extremely unlikely that a court would permit it unless the client refused to cooperate in a serious way. So, your mother's first course of action is to write the attorney for an immediate appointment, keeping a copy of the letter and sending it by certified mail with return receipt requested. You could write the letter, enclosing a copy of your mother's authority in writing.

If the lawyer is really acting as accused, then a complaint to the bar overseers and the United States Trustee should follow if there's no satisfaction, along with your mother's appearance at court on January 11th to explain this to the judge.

I suspect that the attorney will be there on the 11th with a different story, so be ready for an embarrassing moment.

Your mother does not need to refile independently. She needs legal advice to accomplish selling the home and renting the building.

Read more
Answered on 1/05/11, 4:47 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Washington