The would be client had millions of dollars of equity in the house at stake, yet waited til the week of the foreclosure to look for a bankruptcy lawyer. The required case would be a Chapter 11, which is heavy on procedure. I didn’t have the capacity to take on such a case on an emergency basis. Neither could one of my most esteemed colleagues.
How did the homeowner get into this bind? He’d been trying to negotiate a resolution and a modification right up to the last minute, and at the last minute, the lender said “no”.
I’d like to report that this scenario is aberrational, but it isn’t. I am not seeing many accepted modifications or even workouts, much less ones that actually improve the homeowner’s situation. If you are facing foreclosure, don’t bank on positive response from the bank if you envision bankruptcy as the last ditch choice. There may no capable bankruptcy attorneys available who can turn a case around in less than a week.