I just had a question from a woman from Phoenix, Arizona who filed a chapter 7 bankruptcy with another attorney in the area. She has already received her discharge . She’s scared now that she’s going to lose her house because the lender is telling her she HAD to sign a reaffirmation agreement for her first and second mortgages. (I’ll be posting a blog soon about reaffirmation agreements and mortgages). With all of the paperwork she had in preparing and filing for bankruptcy, she can’t remember if she signed a reaffirmation agreement or not. Understandably, she emailed her former attorney in a panic asking for clarification. The attorney’s response was, “A discharge has been entered in your case. That is all the legal representation I have been retained to perform. If you and your lender wish to enter into a Reaffirmation Agreement at this time, and you require my assistance, you will need to retain me to perform that service…”
What is wrong with this picture? Sure, her former attorney probably did just what he was hired to do and he probably did a decent job. But, don’t you want to be able to contact your attorney, even after your case has been closed? That’s something that would make the difference between a good attorney and a truly compassionate attorney. If I had received that email from a former client, I would have taken the time to explain what a reaffirmation agreement is and put her mind at ease, even if my representation of her had “officially” ended (and even if I had explained it before). This is a perfect example of why it is so important to take the time to choose the right attorney. (By the way, if you stay current on your mortgage(s) in a chapter 7 bankruptcy you CAN keep your house – a reaffirmation on a mortgage is not necessary, and not recommended – look for a future post on this topic).
You need (AND DESERVE!) to have someone there to walk you through the process, and sometimes that includes questions post-discharge. I hope you will call me with any questions – before, during, and after bankruptcy. I always keep in mind that even though I have filed hundreds of bankruptcy cases, this is your FIRST time.
