Soulsbyville, CA Bankruptcy Law Firms & Lawyers

Getting a lawyer is always the best idea.  But that doesn't mean just any lawyer--they are not all created equal. There's no way I can tell what went wrong without analyzing ALL the papers filed in your case--your petition, schedules, Plan, Order Confirming the Plan, as well as the Trustee's ledger.  It's also not clear if you're talking about the Plan payments being paid to cure the mortgage arrears, or if you were paying the ongoing postpetition mortgage payments through your plan.  Each has separate rules for payment. It sounds to me, although I cannot tell for sure, that you chose an inexperienced bankruptcy attorney.  If they are doing loan modifications in addition to practicing bankruptcy law, that is a red flag to me. That having been said, a loan modification could resolve the problem nicely with your mortgage lender (assuming you otherwise receive your discharge).      

Is your bankruptcy case still open?  If not, this is not a violation of the automatic stay but rather of the post discharge injunction. In any event, assuming they are violating something (and there are not sufficient facts here to make that determination) then you need to seek a remedy with the bankruptcy court, most likely in the form of an Order to Show Cause for Sanctions.  Additionally, you can seek to have the state court lawsuit dismissed due to the bankruptcy discharge (it's not clear at what stage the lawsuit is at this time). If your case was filed in the Greater Los Angeles Area, feel free to contact me for a consultation.  

You haven't provided the kind of information needed to answer this question. Are you planning on keeping the real estate? If so, as long as your payments on the mortgage are current, your son won't face any liability problem for this debt. If you are planning on surrendering this real estate, the way you prepare for this event could hurt your son. I hope you will discuss this issue with the attorney you retain to represent you on your bankruptcy.