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Category Archives: Chapter 7

Category Archives: Chapter 7

What are the legal steps that a mortgage lender has to satisfy in order to properly foreclose on my home in Massachusetts?

Initially, one must understand that Massachusetts is one of the states that allows a mortgage lender to avoid filing suit in court to obtain approval to foreclose, etc.  For this reason, Massachusetts is known as a “non-judicial foreclosure” state. Mortgage lenders in Massachusetts almost always have what is known as the “power of sale” in […]

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 […]

Right to cure foreclosure defense under M.G.L. chapter 244 section 35A in Massachusetts, an update.

23 March 2014             A significant and potent weapon in the arsenal of foreclosure defense litigants and attorneys was curtailed greatly earlier this month by the Supreme Judicial Court of Massachusetts with its decision U.S. Bank, N.A. v. Schumacher.  The question was whether Mass. Gen. Laws c. 244 § 35A was one of the statutes […]

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 […]

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 […]

I want to file bankruptcy but was told that the amount of my income is too high and I will not satisfy the mean test, what is the means test and what can I do?

21 December 2012 The means test in bankruptcy was one of the most important changes to the bankruptcy code made in 2005 under Bankruptcy Abuse Prevention and Consumer Protection Act, known as “BAPCPA.”  The means test is trying to make sure that people who have the “means” to repay their debts, in fact due, conceivably […]