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My Lawyer Botched My Chapter 13 and Second Mortgage Stripping Case. the LAM Motion Was Never Filed.

Feb. 22, 2016

File the LAM motion (or motion to value depending on your judge) right away. Make sure you have an appraisal of the home’s value as of the date of the filing of the bankruptcy. There is nothing you can do about the money the trustee has already paid to the second mortgage, however if you are able to make it through your Chapter 13 case to discharge you will still be able to strip the lien. You may need to do a motion to modify your plan depending on the percentage that is supposed to be paid to the unsecured creditors and the amount of your arrears on the first. As for the disbarment issue you need to hire a new lawyer to represent you for the remainder of your case and make sure you get your Chapter 13 discharge and properly strip your lien. You also may want to file a complaint with the state bar or you can file a malpractice action but you may not be able to collect.