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We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Our law firm handles consumer bankruptcy matters for clients in Massachusetts. We also advise and represent clients in related practice areas such as consumer debt collection defense, social security disability law, and real estate law. For your convenience, we have provided answers on this web site on the most frequently asked bankruptcy questions, and under consumer protection information, we have made available to you information regarding fair debt collection; IRS audits and collections; Massachusetts offers-in-final settlement. In addition, we have provided answers to frequently asked questions on social security benefits.
Our firm takes advantage of today's technology to provide cost-effective and efficient services to our clients by conducting most of our legal research electronically, communicating with our clients by fax, e-mail, and returning clients telephone calls in a timely manner. Our firm participates regularly in continuing legal education to ensure that our clients have the advantage of the latest information.
We hope that you will find our site informative and useful. Our goal is to provide the highest quality legal services to you and your business in a timely fashion and at a reasonable fee. We welcome the opportunity to talk with you and to discuss how we may be of service.
We see clients in convenient locations in Boston and Dedham, at hospitals, rehabilitation homes, malls, libraries, workplaces, and any other suitable public place. Evening and weekend appointments can be arranged.
In a bankruptcy case under chapter 7, you file a petition asking the court to discharge your debts. The basic idea in a chapter 7 bankruptcy is to wipe out (discharge) your debts in exchange for your giving up property, except for "exempt" property, which the law allows you to keep. In most cases, all of your property will be exempt, but property that is not exempt is sold, with the money distributed to creditors.
If you want to keep property like a home or a car and are behind on the payments on a mortgage or car loan, a chapter 7 case probably will not be the right choice for you. That is because chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt.
Properties You Can Keep
In a chapter 7 case, you can keep all property which the law says is "exempt" from the claims of creditors. You can choose between your exemptions under your state law or under federal law. In many cases, the federal exemptions are better. Federal exemptions include:
- $20,200 in equity in your home;
- $3,225 in equity in your car;
- $1,350 in jewelry;
- $525 per item in any household goods up to a total of $10,775;
- $2,025 in things you need for your job (tools, books, etc.);
- $1,075 in any property, plus part of the unused exemption in your home, up to $10,125;
- Your right to receive certain benefits such as social security, unemployment compensation, veteran's benefits, public assistance, and pensions -regardless of the amount.
Note: The amounts of the exemptions are doubled when a married couple files together.
In a chapter 13 case you file a "plan" showing how you will pay off some of your past due and current debts over three to five years. The most important thing about a chapter 13 case is that it will allow you to keep valuable property—especially your home and car—which might otherwise be lost, if you can make the payments which the bankruptcy law requires to be made to your creditors. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with some extra payment to get caught up on the amount you have fallen behind.
You should consider filing a chapter 13 plan if you:
- own your home and are in danger of losing it because of money problems;
- are behind on debt payments, but can catch up if given some time;
- have valuable property which is not exempt, but you can afford to pay creditors from your income over time.
You will need to have enough income in chapter 13 to pay for your necessities and to keep up with the required payments as they become due.
Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's unsecured debts are less than $336,900 and secured debts are less than $1,010,650. These amounts are adjusted periodically to reflect changes in the consumer price index. A corporation or partnership may not be a chapter 13 debtor.
Utility services - Public utilities, such as the electric company, cannot refuse or cut off service because you have filed for bankruptcy. However, the utility can require a deposit for future service and you do have to pay bills which arise after bankruptcy is filed.
Discrimination - An employer or government agency cannot discriminate against you because you have filed for bankruptcy.
Driver's license - If you lost your license solely because you couldn't pay court ordered damages caused in an accident, bankruptcy will allow you to get your license back.
Co signers - If someone has co signed a loan with you and you file for bankruptcy, the co signer may have to pay your debt. If you file a chapter 13, you may be able to protect co-signers, depending upon the terms of your chapter 13 plan.
Communicating with debt collectors is often very stressful. For many consumers, unemployment, divorce, disability and other personal factors are the main reasons why their bills become past due. When creditors realize that you are not making your minimum payments, or that your bills are past due, they may begin collection attempts to prompt you to pay. These attempts, while lawful, are strictly regulated to ensure that consumers are treated fairly.
Our office can advise you of your rights with regard to fair debt collection practices. We can contact the creditors and collection agencies on your behalf to stop any harassing phone calls. We can also negotiate payment plans with the creditors and collection agencies, and represent you in any court proceedings. In addition, we can contact the three main Credit Reporting Bureaus on your behalf to correct any errors in your credit report.
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