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Massachusetts Bankruptcy Questions & Answers
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
PREMIUM
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
PREMIUM
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
PREMIUM
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

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Will I lose all of my property if I file for Chapter 7? What can I protect/keep?
Shari Lynn Vannieuwenhoven
Shari Lynn Vannieuwenhoven
answered on Aug 14, 2017

The federal bankruptcy laws provide for exemptions. Certain property and equity in property can be protected. You should consult with an experienced local bankruptcy attorney to discuss this. You need to disclose all of your assets, debts and income. Good luck.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Are medical bills for dependent child able to be discharged if they are billed in child's name? Is there an age limit?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 7, 2017

I believe that if the child is under 18 and a dependent then yes they would be discharged if the obligor parent files

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Can spouses file for bankruptcy jointly or would each person have to file a separate bankruptcy application?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 6, 2017

Spouses, whether traditional or other can file jointly

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: What are some steps I should consider before deciding to file bankruptcy?
Nels Hansen
Nels Hansen
answered on Jun 16, 2017

The very first step should be to contact a local bankruptcy attorney and schedule a consultation. Many will provide a short consultation at no charge, so be considerate and be prepared.

Many attorneys will have a worksheet for you to fill out and bring to your appointment. You need to...
Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: How can I file a motion for entry of chapter 13 discharge without a lawyer?

Started Ch13 with a lawyer who can no longer practice, we are trying to finish our ch13 and file the proper paperwork.

Nels Hansen
Nels Hansen
answered on May 9, 2017

Congratulations you are almost done. Yes, you can file the motion on your own. You need to have completed an approved financial management course and filed the certificate before you file the motion for discharge. You should check the local rules for what is required. Your Chapter 13 Trustee... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Are student loans borrowed from a private lender (not the federal government) subject to the same exemptions from

bankruptcy discharge as regular student loans?

Theresa Spearing
Theresa Spearing
answered on May 3, 2017

Private student loans may be dischargeable if certain criteria are met. The debtor must file an adversary proceeding against their creditor and meet the standards in what is called the Brunner Test. In Brunner v. NewYork State Higher Education Services Corp No. 41, Docket 87-5013 outlines the... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Is there a minimum amount of debt I need to have accrued to be able to file for bankruptcy?
Theresa Spearing
Theresa Spearing
answered on Apr 12, 2017

No there is no minimum amount of debt required in order to file for bankruptcy; however before you consider filing for bankruptcy it is important to determine whether you can pay the owed debt without the need to file. If you cannot pay off your debt within a reasonable amount of time and without... Read more »

1 Answer | Asked in Bankruptcy and Consumer Law for Massachusetts on
Q: I have student loan and some credit debt how can I reduce this or eliminate

I became unemployed and homless is there a way not to pay the loan considering situation

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jan 18, 2017

You might be able to file for bankruptcy. You might be able to use federal student loan forgiveness laws to not pay the student loan, depending on the type of loan and school you attended. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: On a ch 7 or 13 means test: can voluntary IRA deductions of non-filing spouse be applied as a marital adjustment?
Lamya A. Forghany
Lamya A. Forghany
answered on Jan 22, 2016

That depends on a couple of factors. How much, and when they started contributing. Let me know if you still have questions.

1 Answer | Asked in Bankruptcy, Consumer Law and Employment Law for Massachusetts on
Q: Can changes be made to my Loan Modification Agreement if I became unemployed in the process?

A little over a year ago, I requested a loan modification agreement while I was employed full-time. January 2015, I lost my job and filed for unemployment where I collected for 6 months until my benefits ran out. Unfortunately, I still have no job. There was a 3 month trial period, which my sons... Read more »

Lamya A. Forghany
Lamya A. Forghany
answered on Jan 22, 2016

That is a tough one. It is true that you can qualify for a modification once every 12 months, HOWEVER, if there is a change is circumstances, then you could always apply again. I would call the bank and find out what your options are. If you still need help, feel free to call me.

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