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Category Archives: Chapter 13

Category Archives: Chapter 13

What is a fraudulent transfer in Massachusetts?

18 October 2014 A creditor files suit against you for a debt owed.  It eventually obtains a judgment and then an execution.  You learn that the creditor is seeking to give the sheriff the execution to have him levy against your vacation home and force its sale to satisfy the judgment.  Just before the sale takes […]

Can I legally force a lender to take my house back by surrendering it in a chapter 7 bankruptcy?

9 June 2014 Answer:  As a general rule, no, but under the right circumstances and depending on the actions of the lender, there could be a possibility. Many consumers mistakenly believe that their mortgage lender will automatically take their home if they simply stop paying.  Although it is by far the most likely result, there […]

A creditor in my chapter 13 filed a claim, what should I do?

8 May 2014 Answer: Do not panic as claims are a normal part of the process.  However, it is very important to, and you must if you want to preserve your rights, object to the entire claim or the amount of the claim, if you have adequate grounds. Claims establish the “rights of a creditor […]

After my chapter 13 plan is confirmed, what happens if an asset I have increases in value and I want to sell it and use the proceeds?

3 February 2014 Answer: The whole picture changes and you have to account for the increase in the asset’s value, among other things, so you may want to think very hard before taking that path. Your chapter 13 plan is moving along and your plan has been confirmed, that means it has been accepted and […]

How do I prepare a demand letter pursuant to Mass. Gen. Laws chapter 93A?

13 December 2013 There are many requirements to a demand letter (and we will touch on only one of them in this post).  The point to keep in mind is that it is not just a letter, it is a unique, special letter that if done properly triggers the obligations and protections afforded by the […]

I am interested in filing a chapter 11 to keep my business going, what does it cost?

2 August 2013 Quick Answer: A lot.  The filing fee is $1,046.00, administrative costs will likely be thousands, and one can expect to pay five figure amounts in attorneys’ fees.  Further, there are costs that can be unexpected that make a precise estimate impossible, one which is discussed below, but first, a brief introduction. Frequently […]

Before filing bankruptcy, realize it is a liquidation and take the power of the trustee seriously.

2 June 2013 When people file for bankruptcy, their focus is usually entirely on getting rid of their debts.  They typically fail to realize that there is another side of bankruptcy, the liquidation of non-exempt assets.  What most need to realize is that when they file bankruptcy, a bankruptcy estate is created that contains all […]

What happens to my student loan debt in a chapter 13?

25 April 2013 It depends.  Student loan debt is not dischargeable in bankruptcy, generally, under chapter 7 or chapter 13.  So, as opposed to other unsecured debt, like credit card debt, it will still be owed at the end of the chapter 13 plan.  This makes student loan debt quite unique and a topic of ongoing […]

What is an “unfair or deceptive business practice” in Massachusetts?

17 March 2013 Answer: it is not specifically defined and is decided on a case-by-case basis.  Kattar v. Demoulas, 433 Mass. 1, 14 (2000).  (The phrase “unfair or deceptive business practice” is from and is a reference to the standard for liability under chapter 93A § 2 of the Massachusetts General Laws.).    The determination […]

Do I need to include my social security (retirement) income in the calculation of my plan payment in chapter 13 bankruptcy?

22 December 2012 It depends.  It is a legal question that is playing out in the courts right now.  If you live in the fifth or tenth federal circuit (Massachusetts is in the first circuit), and arguably in the sixth or eighth circuit, then the answer is yes.  Generally anywhere else it depends on the […]