Even if your car is not fully protected by an exemption, you can usually keep it by filing for Chapter 13 bankruptcy rather than Chapter 7 bankruptcy. And, if you have a car loan, your ability to exempt it is … Continue reading →
In a recent case I handled, this issue came up. The result was reported on the front page of Massachusetts Lawyer’s Weekly on November 30, 2015. The debtor owned a two-story home. On the first floor he operated a business … Continue reading →
There is a common misunderstanding that all student loans are not dischargeable in bankruptcy. All student loans, however, are not created equal. Many, in fact, are dischargeable. The source of this misunderstanding is a cryptically worded section of the bankruptcy … Continue reading →
We don’t require or even encourage our clients to prepare too much for the initial consultation. Instead, we treat it as an information session designed to help you get the answers you are looking for; and plan a more detailed … Continue reading →
The short answer: just a matter of a few days. There are two powerful forces working for you to ensure this happens promptly. First of all, the “automatic stay” is a serious federal law that requires creditors to act promptly … Continue reading →
After you file your bankruptcy case, the court will schedule a “meeting of the creditors” in accordance with section 341 of the Bankruptcy Code. Thus, the nickname, the “341 meeting.” When does it occur? In general, about five weeks after … Continue reading →
There is actually no “Chapter 20” in the Bankruptcy Code. It’s a euphemism for the procedure where a debtor files a Chapter 7 case closely followed by a Chapter 13 case. 7+13=20, get it? Why two bankruptcy cases? Sometimes a … Continue reading →
On October 23, 2013, Chief Judge Frank Bailey awarded a certificate and named Attorney Michael Tremblay to the court’s Pro Bono Honor Roll for participation in the Worcester County Bar Association’s initiative to provide counsel to pro se debtors appearing … Continue reading →
The new Massachusetts homestead act, enacted in 2010 and effective on March 16, 2011 has begun to generate court decisions interpreting its new and unique provisions. The new law introduced some novel ideas about homesteads, such as: Multiple owners can … Continue reading →
You may be discouraged if you have already read that most student loans are not dischargeable in bankruptcy. It’s important, however, not to over-generalize in this area. Bankruptcy may still be able to help with your high student loan debt. … Continue reading →
Once you learn a little about bankruptcy, it becomes apparent that a Chapter 7 proceeding wipes out all of your debt quickly and economically, but a Chapter 13 case costs more and takes up to 5 years to complete. A … Continue reading →
Yes, most wage attachments can be easily stopped with the filing of a Bankruptcy petition. Better still, in most cases, money recently taken by wage attachment can actually be recovered. Naturally, there are some technicalities. You have to read sections … Continue reading →
Second Mortgages in Bankruptcy In the right circumstances, a Chapter 13 bankruptcy petition can eliminate a second mortgage on your home and eliminate the monthly payment. This procedures is called “Lien Stripping.” Lien stripping is not available in a Chapter … Continue reading →
Each year, I meet several clients who have struggled so hard to repay their insurmountable debt, they have actually put themselves in a worse position than if they had done nothing, or filed bankruptcy sooner. Taking out a Home Equity … Continue reading →
There is an old saying that “Pigs get fat, but hogs get slaughtered.” Bankruptcy gives you powerful remedies to escape from oppressive debt and still keep all your essential property. Occasionally, however, you hear stories of people who try to … Continue reading →
I will lose all my property. Not true. The federal government does not want to see you living in a cardboard box. The bankruptcy code permits you to claim an “exemption” in all kinds of property which you get to … Continue reading →