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Massachusetts Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Massachusetts on
Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear about the sudden change in your bankruptcy filing. This must be a stressful and frustrating situation. A few key points to consider:

1. Discuss the change with your lawyer: Ask your attorney to explain in detail why they now believe you need to file for Chapter 13...
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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

William J. Amann
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answered on May 5, 2024

Deciding which chapter you're eligible for and should file is a fundamental but key decision. I'm assuming the $1,500 fee you referenced is for your attorney and not the "phone course for chap7." The terms of engagement, such as the hourly fee amount and the billing... View More

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear about the sudden change in your bankruptcy filing. This must be a stressful and frustrating situation. A few key points to consider:

1. Discuss the change with your lawyer: Ask your attorney to explain in detail why they now believe you need to file for Chapter 13...
View More

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: i am 71 years old,i have been living off my credit cards. at my age i will never be able to pay them off.this will be my

it will be the third time in my life to do this.i am sick to my stomach over this but i have no other choice.i bought food paid bills and i can barely keep my head above water......please help

William J. Amann
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answered on Sep 4, 2023

It might seem odd to say but you might just be "judgment proof". In other words, you might not have any non-exempt assets or income for an unsecured creditor to pursue. If that's the case and if you can stomach it, you can essentially ignore the calls and letters. However,... View More

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I am currently homeless and i spent money claimed on my wild card exemption before a 341 meeting can i get into trouble?
Robert Simonian
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Robert Simonian
answered on Feb 6, 2023

This is a difficult question to answer without asking you more detailed questions. For example, generally speaking, if you spend $500.00 or less on necessities I would say it is not a problem. If you spent a large amount of money and the trustee feels for some reason that the money was not exempt... View More

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: SIR,I AM NOT PROUD OF MY PROBLEM.i am 71 years old and i need to file for bankruptcy. this will be my 3 time filing and

because my income is low i have been living off my credit cards,i have no way to pay them off as they got out of control,i mainly bought food and would pay bills.i dont want to leave my love one stuck with the bills as he has no idea how i have been suffering.do you think you can help me?

Timothy Denison
Timothy Denison
answered on Sep 2, 2023

Check with your local bar association. They maintain lists of pro Bono and reduced fee attorneys who can help you.

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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Prev. filed Ch 13 then converted to 7. Which date would be used to determine when I could file Chapter 7 if needed?

I filed Chapter 13, then converted to Chapter 7 some years ago. Which date would be used to determine whether I could file Chapter 7; the original filing of Chapter 13, or the conversion to Chapter 7? I have asked a bankruptcy attorney, and they felt that it would be the date of the original... View More

William J. Amann
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answered on Jun 19, 2023

11 USC 348 (a). The bankruptcy lawyer with whom you consulted previously is correct.

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1 Answer | Asked in Bankruptcy and Consumer Law for Massachusetts on
Q: I am in need of a free bankruptcy lawyer for credit cards

I have been unemployed for over a year, and awaiting disability to be approved, and I need to file bankruptcy for credit cards I cannot pay. Are there any free lawyers I could qualify for?

Christopher Tolley
Christopher Tolley
answered on Oct 26, 2022

Try Greater Boston Legal Services. https://www.gbls.org/get-legal-help

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: I've filed bankruptcy and have a car that I voluntary gave back.They can't pick car up until courts finalize

I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 7, 2022

The Bankruptcy Code provides that with any secured claim, the debtor can return the collateral to the lender in full satisfaction of the lender's secured claim. Expect some argument over the current value of the car, as that will be the value of the lender's secured claim (there is some... View More

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2 Answers | Asked in Bankruptcy, Foreclosure and Elder Law for Massachusetts on
Q: My client is 88, her home is under water and she cannot afford to repair the failing electric and plumbing systems.

On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... View More

Robert Simonian
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Robert Simonian
answered on Jul 13, 2022

A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7... View More

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3 Answers | Asked in Bankruptcy and Business Formation for Massachusetts on
Q: Can the uplyft capital loan be forgiven
William J. Amann
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answered on Mar 26, 2022

Yes. No matter what the name of the loan or lender is, if it is an unsecured loan and not a kind specified as non-dischargeable (under 11 USC 523), it can be discharged. If a lender "forgives" the loan it could raise tax issues (phantom income).

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4 Answers | Asked in Bankruptcy for Massachusetts on
Q: Error on 7 bankruptcy wrong amount owed 2 yrs ago discharge

Can they still come after me

Lloyd  Nolan
Lloyd Nolan
answered on Oct 5, 2021

The main things are that the Creditor was listed and you received your Discharge. Assuming they were listed, the Creditor was on Notice of your Bankrutptcy and was sent Notice of the Hearing and Right to Object or File a Complaint to Determine Dischargeability. The Creditor was also sent a Notice... View More

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: I filed bankruptcy 10 years ago can I still be liable for the water bill I was discharged from the home
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 1, 2021

Utility bills/accounts are handled differently from other debts in bankruptcy. A special section of the Bankruptcy Code, Section 366, applies to utilities.

Many debtors just continue to pay the amounts billed following a bankruptcy filing, so there's never an issue.

The...
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2 Answers | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: i am a co owner of a property with a mortgage. if i apply for bankruptcy, am i still liable for the mortgage payment?

i am now disabled and cannot work. my income now after bankruptcy is 848. a month.

Robert Simonian
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Robert Simonian
answered on Sep 9, 2021

If you file for chapter 7 bankruptcy you will not be liable for the mortgage payment. However, if the mortgage is not paid the mortgage company will foreclose on the property. If you are asking if you can live in the property and not pay the mortgage the answer is no. If you do not live in the... View More

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: How much will it cost me to file for bankruptcy

$922/mo, $277/rent, $190/utilities. Extenuating circumstances.

Robert Simonian
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Robert Simonian
answered on Sep 7, 2021

The attorney's fees can vary greatly depending on where you live, the type of debts that you have, the amount and types of assets and real estate that you own. Based on what you described, the attorney's fees would probably be about $1,200.00 and the court filing fee is $338.00. There... View More

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1 Answer | Asked in Bankruptcy and Real Estate Law for Massachusetts on
Q: Opened a home equity loan with a large credit union for 120k on 5-1-2008 Last pymnt made 5-1-2013 how do I clear title

The debt isn't on either credit report anymore  but it is still showing on the title search that quicken has pulled.

Do you have ant idea how we would fix this in order to complete a refinance

We never filed bankruptcy but probably should have

Thanks

Worcester Massachusetts

Robert Simonian
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Robert Simonian
answered on Jul 30, 2021

It sounds like this is a second mortgage and is recorded at the registry of deeds. This debt would be secured by your property if that is the case. The only way to be able to refinance is to either pay the debt in full or to try to negotiate a lump sum settlement amount and have the lender remove... View More

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Is there any free lawyers for over 61 for bankruptsy on,Cape Cod
Timothy Denison
Timothy Denison
answered on Mar 25, 2021

Call your local bar association and ask.

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Is it considered a gift when filing for Chapter 7 bankruptcy and helped family pay for housing within the last 2 years

My family member is mentally ill, and I am also his representative payee. I have provided financial assistance for lodging totaling approximately 10k in smaller amounts over the course of 2 years. The money I had provided went toward keeping him from homelessness. Does this still fall under the... View More

Timothy Denison
Timothy Denison
answered on Mar 2, 2021

Yes. You still need to disclose this under property held for others question. All of it should be disclosed as a matter of course although it should not have any negative effect on your bankruptcy.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Filed Chapter 7 BK in 2011, discharged 3/12. 2nd was surrendered, not claim as exempt. Balance was $60,000. Do we owe?

trying to refi lien is still on home

Timothy Denison
Timothy Denison
answered on Sep 15, 2020

Talk to your bankruptcy attorney. You may be able to avoid all or part of the lien but much more info is needed to make a determination.

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