Bankruptcy is frequently the first attempt by a mortgagor to avoid foreclosure, or it is an interruption to more than 20% of our foreclosure lawsuits. For individual mortgagors who are unable to reinstate their defaulted loans through established loss mitigation programs, the Chapter 13 bankruptcy option offers a court-monitored repayment plan over as many as five years. We analyze Chapter 13 plans before filing our clients’ Proofs of Claims, and we object to deficient plans until they are feasible. We bring Motions for Relief when authorized by our clients, but only after verifying the accuracy of a debtor’s payments. We are adept at negotiating loss mitigation settlements within the bankruptcy context. In Chapter 7 liquidation cases, we push forward with Motions for Relief to expedite either the abandonment process or relief from the automatic stay. In Chapter 11 cases, we closely monitor the case for rightful access to cash collateral without waiting for the plan to be presented months after the initial debtor’s filing. And when appropriate, we intervene early to propose plan terms that protect our clients’ interests.
