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[NY] [NY] I filed for bankruptcy to avoid foreclosure on my house. How should I proceed?

Hello, my house was in foreclosure due to back mortgage payments. I was able to put off the auction by filing for bankruptcy. I want to work out a deal with my mortgage lenders to keep my house. What should I do?

I was told I need both a bankruptcy lawyer and a real estate lawyer. I can barely afford one attorney, let alone two.

P.S. I live in Brooklyn, New York. What would be a flat rate to hire an attorney to handle this for me?

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Elizabeth
Elizabeth

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In your Chapter 13 plan, you can work out a payment plan to keep your house. This is something that would be addressed with your bankruptcy attorney.

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Hello, my house was in foreclosure due to back mortgage payments. I was able to put off the auction by filing for bankruptcy. I want to work out a deal with my mortgage lenders to keep my house. What should I do?

I was told I need both a bankruptcy lawyer and a real estate lawyer. I can barely afford one attorney, let alone two.

P.S. I live in Brooklyn, New York. What would be a flat rate to hire an attorney to handle this for me?

Lexi

Lexi, Chatbot

I'm sorry to hear about your situation with the foreclosure and bankruptcy filing. Have you already consulted with a bankruptcy lawyer regarding your current financial status and options?

No.

Lexi

Lexi, Chatbot

Are you looking for a real estate lawyer specifically to negotiate with your mortgage lenders and potentially work out a deal to keep your house?

I don't know.

Lexi

Lexi, Chatbot

Is there anything else the Real Estate Lawyer should know before I connect you?

No.

Elizabeth

Elizabeth

Hi there! Welcome to AskALawyer. My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your concerns.

Just so you are aware, AskALawyer is a legal information-only site — no attorney-client relationship is formed from our conversation.

To best help, what type of bankruptcy was filed?

I don’t really know.

Elizabeth

Elizabeth

Apologies, have you already filed?

Chapter 13.

Elizabeth

Elizabeth

With Chapter 13, you will construct a debt repayment plan with your attorney and the trustee. Has that been done yet?

No, I don’t believe so.

Elizabeth

Elizabeth

In your Chapter 13 plan, you can work out a payment plan to keep your house. This is something that would be addressed with your bankruptcy attorney.

We don’t have a bankruptcy or real estate attorney. We can only afford one attorney — which would be most beneficial?

Elizabeth

Elizabeth

You would want a bankruptcy attorney. They typically charge a flat fee.

What is the flat fee for a bankruptcy attorney?

Elizabeth

Elizabeth

That will vary by attorney. 

www.avvo.com is a good resource for finding local bankruptcy attorneys.

What is the flat fee for a bankruptcy attorney?

Elizabeth

Elizabeth

Usually between $1,000 and $2,000 for Chapter 13.

I’ve also been told that during bankruptcy, no negotiation or communication is supposed to take place between the bank and the loaner. Is this true?

Elizabeth

Elizabeth

That's correct — communication should go through the trustee.

Elizabeth

Elizabeth

40,904 satisfied customers

Elizabeth
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