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Massachusetts Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Massachusetts on
Q: What happens at a chapter 13 bankruptcy non-evidentiary hearing?

I am a pro se Creditor in a Boston chapter 13 bankruptcy and filed an objection and motion to dismiss. A non-evidentiary hearing for both is set less than two weeks from now. What happens in the non-evidentiary hearing, and how can I best prepare for it?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

You can "best prepare" for your motion hearing by hiring a bankruptcy lawyer.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Is a pending spousal support mod action legal justification not to pay after filing bankruptcy?

My ex-husband filed for chapter 13 the second time and shortly thereafter filed a spousal support modification action to reduce or eliminate alimony. He will not pay any spousal support after filing bankruptcy, using the pending modification action as the reason. The support order is current and... Read more »

Timothy Denison
Timothy Denison answered on Aug 1, 2019

The stay does not pre ENT him from paying maintenance nor is it a legal justification to no pay. In most jurisdictions, however, modification if granted are retroactive to the date of filingvof the motion. You filing s contempt motion for nonpayment May be in order.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: I live in the New Bedford Massachusetts area and on disability. Any pro bono attorney for chapter 13?

I cannot afford an attorney and I am facing foreclosure. I have a family of 4 and need help.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

This is not the right place to seek legal representation. This is a free public forum designed to allow members of the general public to ask participating lawyers general legal questions. If you want to retain a helpful lawyer, pro bono or otherwise, you should use the “Find A Lawyer” tab at... Read more »

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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: From Boston Ch 13 pro se Creditor: Which is better strategy before creditors meeting: objection or motion to dismiss?

Strategically, which is preferable before creditors' meeting: filing an objection to confirmation or motion to dismiss the petition? What are the pros and cons for the pro se creditor?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Please try to stop asking and re-asking the same question over and over. You have already been told that you can file a motion to dismiss the entire case at any time.

As to whether you should wait until after the first meeting of creditors to move to dismiss is your choice to make....
Read more »

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: In Chapter 13 Boston Bankruptcy: I am a creditor. Can I file a motion to dismiss before the creditors' meeting?

Can I file a motion to dismiss before the creditors' meeting, or do I have to file an objection first? I haven't filed anything yet.

Timothy Denison
Timothy Denison answered on Jul 7, 2019

You can file a motion to dismiss at any time.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: In MA, can a chapter 13 creditor object to bankruptcy plan and make motion to dismiss in ONE document, or must be TWO?

I am a creditor in chapter 13 bankruptcy filing (2nd time around) and want to know if I can object to the petition and also make a motion to dismiss in one document -- or do I have to make two separate documents? If it's two separate documents, the objection would go to Debtor and Trustee on or... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2019

Two separate documents. Objection in one and Motion to Dismiss in second. Serve all motions on the trustee and debtor.

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Can you go on vacation if you are already in chapter 13
Timothy Denison
Timothy Denison answered on Apr 25, 2019

You can, but probably not a wise idea unless your 13 repayment plan is 100%.

3 Answers | Asked in Bankruptcy, Copyright, Employment Law and Immigration Law for Massachusetts on
Q: I’m an aspiring lawyer, any advice?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Yes. Stop wasting time asking silly questions here on Justia.

Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one...
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1 Answer | Asked in Contracts and Bankruptcy for Massachusetts on
Q: Commonwealth of Puerto Rico GO Bonds

Yesterday I posted a question about the above bonds and the "Omnibus Objection to claims filed or asserted by holders" of certain of these GO Bonds. I received an a nasty response from a supposed lawyer, Bruce Alexander Minnick. FYI Mr. Minnick I have spoken with two different bond brokers... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Please accept my apologies if my professional advice was insufficient or came across as "nasty." I wish you all the best in your effort to collect on the general obligation bonds issues by Puerto Rico.

1 Answer | Asked in Bankruptcy and Government Contracts for Massachusetts on
Q: explain "Omnibus Objection to Claims filed or asserted by holders of certain COMMONWEALTH GENERAL OBLIGAtion bonds"

I own these P.R GO BONDS. I cannot understand the paperwork i received. please help me understand what is required of me.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Anyone with enough money to invest in general obligation bonds issued by the Commonwealth of Puerto Rico should have enough time to call their bond broker and ask them to explain what is happening to all the bondholders.

Q: legal compensation for wrong defendant ?

BK case no: 11-43424-CJP, BAP No: MW19-016

Timothy Denison
Timothy Denison answered on Mar 8, 2019

What is your question?

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: In chapter 13 plans, what happens if my town doesn't file a proof of claim for property taxes owed?

I finished a Chapter 13 plan (in Massachusetts) 6 months ago. I had claimed approximately $4000 in property taxes under the plan, my down filed a proof of claim for $2600. I made all the payments according to the plan, but now the town is saying I owe another $1400 in back taxes for which they... Read more »

Timothy Denison
Timothy Denison answered on Jan 14, 2019

If they filed a proof of claim for $2600 and you paid it and completed the plan, then you don’t owe the money. You need to put this back in front of the court and get an order against them for violating the stay.

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1 Answer | Asked in Bankruptcy, Civil Litigation and Civil Rights for Massachusetts on
Q: Auto Dealer Bankrupt | Did not deliver the car not giving the money back

Hello All,

My Sister who is doing her masters here in USA, She applied for a car loan and received a bank cheque. We ha

Timothy Denison
Timothy Denison answered on Jan 7, 2019

What is the question?

1 Answer | Asked in Bankruptcy and Family Law for Massachusetts on
Q: No asset Ch. 7 discharge in 2008 and two years later ordered to pay legal fees of ex spouse for services provided before

filing of Ch 7 -not support related & not found in contempt- I didn't list him as a creditor because he wasn't at that time, but I did serve him notice of my filing at the time - and he had already filed the motion for legal fees - but the judge didn't issue ruling for over 2 years -

Timothy Denison
Timothy Denison answered on Dec 27, 2018

You will have to reopen bankruptcy and add the lawyers a creditor. He should have been listed as a creditor in the original filing even though the amount owed may have not been liquidated at the time.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: My daughter is professor at Harvard Medical. Was contractor for Medical Simulation Corp. Completed work. Never paid

Told by CFO they are bankrupt. How & where do we file a claim? Have searched bankruptcy filings but can't find anything. Total owed is $5000. Thanks, Joe G.

Timothy Denison
Timothy Denison answered on Dec 15, 2018

You will have to find the bankruptcy filing. Once located you can file a proof of claim for her wages in that proceeding. She is a creditor so if she hasn’t received notice of bankruptcy filing, they probably haven’t filed.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: How long will I have to pay off a hospital bill if I file for bankruptcy or does it go away entirely?
Stuart Nachbar
Stuart Nachbar answered on Dec 7, 2018

If you have filed for a chapter 7, after reciept of the bill, so it is part of the bankruptcy, then it goes away

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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Is there a set amount that I need to be in debt for to file?
Stuart Nachbar
Stuart Nachbar answered on Nov 16, 2018

No, there is not a minimum amount of debt required to file a Bankruptcy

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I have a jeep financed through victory lane motors in Massachusetts and they filed bankruptcy do I still have to pay

on my jeep and how do I obtain my title

Timothy Denison
Timothy Denison answered on Oct 24, 2018

You should inquire of the Trustee in their bankruptcy how and where to make payments and how and where to obtain your title.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: I have already filed chapter 7 bankruptcy in massachusetts , one of the companies was QVC in pennsylvania they would not

allow me to purchase something with my debit card because of the bankruptcy,is that legal

Stuart Nachbar
Stuart Nachbar answered on Oct 22, 2018

Yes, it is legal, to deny a purchase due to previous filing. Not part of the listed banned discriminatory actions prohibited by the code.

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Can I be denied a student loan before my parents have filed for bankruptcy?
Timothy Denison
Timothy Denison answered on Oct 19, 2018

No.

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