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Massachusetts Bankruptcy Questions & Answers
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.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: I was approved for a trial modification for my mortgage. I was forced to file Chapter 13 to avoid forcloseure.

The only significant debt was the mortgage arrears. We are starting the trial modification and are unsure whether or not we need to continue paying on the Chapter 13 while in the trial modification.

Stuart Nachbar
Stuart Nachbar answered on Sep 26, 2018

Yes you need to keep paying the chapter 13 trustee to remain the bankruptcy.

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: How much will filing for personal bankruptcy actually cost me?
Timothy Denison
Timothy Denison answered on Sep 16, 2018

Amounts vary widely, but roughly $335 for filing, $20 for pre- and post classes, $33 for credit report, and $500-1500 in attorney fees.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Do people ever file for bankruptcy several times?
Timothy Denison
Timothy Denison answered on Aug 24, 2018

Yes.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: my bankruptcy was discharged on 1/13 but myhouse was not suppose to be include. now the bank says i need a reaffirmation

my original lawyer is no longer around

Timothy Denison
Timothy Denison answered on Aug 1, 2018

Hire a new lawyer to settle the reaff issue and you should be fine.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: My ex-husband filed for bankruptcy after our divorce. We had a loan in both of our names that I can't pay on my own. Is

filing for bankruptcy the only way to get out of paying for it?

Timothy Denison
Timothy Denison answered on Jul 30, 2018

It is likely that he cannot discharged that debt if it is part of a domestic support obligation from your divorce. Check with an experienced bankruptcy attorney near you and see if you can’t force him to pay it.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: How does a company filing for bankruptcy affect its employees?
Timothy Denison
Timothy Denison answered on Jul 9, 2018

If it is a Chapter 11 reorganization, most employees should be safe and keep their job and most benefits. If it is a Chapter 7 liquidation, then you need to contact a local bankruptcy attoney to discuss your options.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Parents house is foreclosed. We want to keep the house

Parents havent paid mortgage in 10 yrs, dad died in January, mums wages cant afford it. I moved back in and cam barely help with $400 a month.

2nd son wants to move out.

Both parents havent filed or paid taxes in years

Timothy Denison
Timothy Denison answered on Jun 21, 2018

Have your mom contact a bankruptcy attorney. It will be difficult, if not impossible, absent a refi or influx of cash, but they Wil be able to cover all her options.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: If I file for bankruptcy and then pay off a portion of a debt I owe, will that affect my ability to discharge the rest?
Timothy Denison
Timothy Denison answered on Jun 18, 2018

It should not affect your discharge as you can voluntarily pay any debt any time, but you should consult a local bankruptcy attorney before you pay anyone.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: How long do I have to wait after filing bankruptcy for collectors to stop calling me?
Stuart Nachbar
Stuart Nachbar answered on May 30, 2018

Creditors should stop calling you within a week of the filing of the bankruptcy. If they do not stop, just give them your bankruptcy case filing number as well as the name of your attorney and his or her phone number

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I'm considering filing for bankruptcy. My husband recently passed away and owned property. Can I file for a homestead

exemption, even if the home was in his name?

Timothy Denison
Timothy Denison answered on May 1, 2018

Yes, if you are using the property to live in or on .

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I co-signed for my cousin's auto loan and he just declared bankruptcy. Am I liable for the debt now?
David Earl Phillips
David Earl Phillips answered on Feb 1, 2018

Depending on the terms of the auto contract you may very well be liable. It also depends on whether your cousin gives the car back to the creditor or decides to keep it and pay the loan.Read the contract carefully and it will address the default of the loan and what happens. Talk with a bankruptcy... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Will filing bankruptcy erase student loan debt?
Stuart Nachbar
Stuart Nachbar answered on Dec 22, 2017

If it is a federally backed student loan, it will not be discharged unless you can prove before a bankruptcy judge severe undue hardship which is very difficult.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I am in the process of filing for a mortgage modification, but also need to declare bankruptcy what do I do

I have debt that exceeds $25,000.00, most of which is now in collections, with some headed to small claims court. I am also in the process of filing for a mortgage modification as I am 3 months behind in my mortgage. Should I wait until the modification is completed prior to filing bankruptcy or... Read more »

Stuart Nachbar
Stuart Nachbar answered on Nov 17, 2017

You can probably do a loan modification in conjunction with the Bankruptcy. Most Bankruptcy Courts have a Loss Mitigation Program which does exactly that. Check with Counsel in your jurisdiction, and you should be fine

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