Riverside homeowner sought the Law Office’s assistance while they were in a chapter 13 bankruptcy handled by another office. Trustee informed the debtor his plan was infeasible as drafted and the petition would likely be dismissed. The debtor’s bankruptcy case was shortly dismissed.
The Law Office took over the case, reassessed the client’s needs, and prepared a new petition for Chapter 13 bankruptcy prior to the bank’s second attempt to foreclose on debtor’s 4,000 sq ft home. After successfully moving the court to impose and extend an automatic stay (automatic stays are only mandatory for original filings, not re-filed cases), the Law Office convinced the court to strip the second mortgage (lien avoidance motion, aka LAM). Thus, once the debtor completes his 5 year payment plan, the debt owed on his 2nd mortgage will be discharged along with other unsecured debt totaling over $30,000. Debtor can stop worrying about losing his home or creditors’ harassing mailings and calls.