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Chapter 7 Bankruptcy & Utility Bills—What Happens?
13 October 2010 Utility bills, in one way, are just like any other unsecured debt—they are discharged in a successful chapter 7 bankruptcy. So, relief from the outstanding amount at the time of filing for bankruptcy can occur. But that is where the similarity to other unsecured debts ends. 11 U.S.C. § 366. Usually, a […]
Someone stole my identity . . . what do I do?
30 August 2010 There are many different types of identity theft. Identity theft can be an unauthorized use of an existing account, or alternatively it can be the creation and subsequent use of a new account or accounts. The first step in most circumstances remains the same—it is best to place a temporary fraud alert […]
Reaffirming debts in bankruptcy.
23 August 2010 Bankruptcy (generally) allows a debtor to eliminate his personal responsibility for a debt. This is why most people file for bankruptcy. Reaffirming a debt is making a new agreement to pay the debt in spite of the bankruptcy. It is giving up the right a debtor has to eliminate the personal liability […]
Want to hire a cheap lawyer, watch out!
23 August 2010 Frequently my office receives calls from people saying they are contacting all the bankruptcy lawyers listed in the phone book and inquiring: “How much do you charge for a bankruptcy?” The caller fails to realize that there are different chapters to file under, which are very different, including different amounts of time […]
What happens if I don’t pay my condo fees in Massachusetts?
30 June 2010 There is a reason why condo associations are aggressive in the collection of condo fees. Let me introduce you to the Massachusetts condominium “super-lien” provided by Massachusetts General Law chapter 183A. The super-lien allows condo associations priority over your lender in the distribution hierarchy in the event of foreclosure. This means that […]
Can I eliminate my tax debt in bankruptcy?
30 June 2010 Maybe. First, the good news; although difficult, eliminating tax debt in bankruptcy is possible and very beneficial. Tax debt grows quickly and can hang over you for what seems like an eternity. The government also enjoys collection powers that other creditors do not. So, obtaining a discharge from tax debt can give […]
How much will I have to pay each month in a chapter 13? What will my monthly chapter 13 payment be?
24 June 2010 The answer to this question is hard to predict until a proper analysis is completed. This analysis is based on applying the law to each person’s unique financial circumstances. Everyone’s payment amount is different. As I write, I am aware of one plan proposing to pay $78.00/month, another paying $130.00/month, and another […]
My ex-husband/ex-wife filed for bankruptcy, what do I do?
23 June 2010 There are many concerns that can arise when an ex-spouse files for bankruptcy —too many to address in one or even a few blogs— and every situation is different anyways. So, if you’re in this situation you should immediately meet with a competent bankruptcy lawyer who includes creditor representation as part of […]
What is feasibility in a chapter 13 and why is it important?
18 June 2010 In order to accurately understand the concept of feasibility, it is important to start with a discussion of the basics of filing a chapter 13 bankruptcy. In chapter 13, the debtor needs to present a plan for approval by the bankruptcy court. It is a personal reorganization plan so to speak. Generally, […]
What is good faith and why is it important in a chapter 13 bankruptcy?
17 June 2010 The term “good faith” is not defined in the bankruptcy code. Nonetheless, the code expressly requires that your chapter 13 petition be filed in “good faith” and that your chapter 13 plan be proposed in “good faith” (your petition is different than your plan); and your case may be dismissed if a […]