Massachusetts Bankruptcy Legal Questions

Filing quickly may or may not be in your best interest.  You should discuss your situation with a local bankruptcy attorney to discuss your situation.  If you cannot afford an attorney, there are usually local legal service organizations who provide no-cost or low-cost legal services.   Please visit: http://www.masslegalhelp.org/consumer and http://www.masslegalservices.org/FindLegalAid This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

There are usually local legal service organizations who provide no-cost or low-cost legal services.   Please visit: http://www.masslegalhelp.org/consumer and http://www.masslegalservices.org/FindLegalAid This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

This is an amazingly common misperception people have.  Unless your "dba" is a corporation, then there is no legal difference between your small business and yourself.   Thus, you cannot file another chapter 7 case until 8 years have passed since you filed your previous one (assuming you received a discharge of debts previously).   So, you can file again in 2015.   You can, however, file a Chapter 13 case now, assuming you are otherwise eligible. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  CONTACT MARK for more information or to schedule an appointment.   ... Read More

I'm not sure what you mean by "filed under".   All debts, and all assets, must be listed in any bankruptcy petition.  A failure to do so is grounds for denial of your discharge and possible criminal sanctions. If you're asking whether or not medical bills are dischargeable in bankruptcy, the answer is usually, but it depends on exactly how the debts were incurred.  Certain debts are excepted from discharge such as debts incurred without the intent to repay.    Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

A home equity loan is typically secured by the property on which the loan is made.  There may be insufficient equity in the property above the home equity loan so that it may in reality be unsecured, but the lien still remains against the property.  This means that they still have the ability to foreclose if payments are not made pursuant to contract, but they would take ownership of the property subject to what is owed to any senior mortgages (usually the first mortgage). In a Chapter 7 bankruptcy case, your discharge will eliminate the obligation to pay on the loan so that if the property is foreclosed on, you will not owe anything further. In a Chapter 13 bankruptcy case, you may be able to additionally remove the lien altogether (this is known as "lien stripping").  Whether you can do this or not depends on the value of the property, the amounts owed to all mortgages and liens and whether it is your principal residence or not. You should consult with an experienced bankruptcy attorney in your area for more specifics. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  CONTACT MARK for more information or to schedule an appointment.   ... Read More

There are too many different variables to answer the question of what will happen to specific assets, as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because each state has unique exemption laws and a local attorney can determine what assets can be exempted.  Most bankruptcy attorneys offer a free initial consultations to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

One option is to file a bankruptcy case.   What steps have you taken to learn about your alternatives?  Have you had a consultation with a qualified bankruptcy attorney in your area?  That would be my first recommendation. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

There are too many different variables to answer that question.  It depends on your state's laws, who the creditors are (ie the IRS), for what reason they acquired the debt (ie mortgage), and what chapter of bankruptcy they file.  There is a good chance that your parents maybe able to keep their home, should they choose to keep it. You should consult a local bankruptcy attorney.  Most bankruptcy attorneys offer a free initial consultations to determine if you qualify for bankruptcy, and to determine if bankruptcy is appropriate. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

That question can only be answered by your bankruptcy case trustee.  You should contact a local bankruptcy attorney to determine what exemptions you may use in order to protect your personal assets. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

I don't know.  What are they pursuing you for?  If you are not current with payments, they have a right to foreclose on the property pursuant to your state's laws.  They cannot, however, seek to recover a monetary judgment from you if the debt was discharged in your bankruptcy case. You should consult with a bankruptcy attorney in the area where your case was filed for further information and options. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

It sounds like you would be eligible for bankruptcy protection.   Absent a previous filing for bankruptcy, you maybe eligible to file for bankruptcy protection.  You should contact a local bankruptcy attorney to determine the appropriateness of filing, as there may be a bar against you filing if you have recently filed.  Most bankruptcy attorneys offer a free initial consultation. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

You have to disclose any transfers of property made within 2 years prior to filing your bankruptcy case, so being "removed" from title 1 year ago would require it to be included in your Chapter 7 petition and the transfer is subject to being recovered by the Trustee in your case.  It is also a potential basis for denial of your discharge depending on the value of your interest in the property that you "removed." This is textbook fraudulent transfer in that you gave up ownership of an asset and received less than "reasonably equivalent value" for it.   Your family member can try to argue that you only had legal title, but not equitable title, and that might work, but it's going to require proof and it's going to get complicated. Even after 2 years it's not an automatic solution to your problem, since many states have statutes of limitation longer than 2 years for fraudulent transfers and the Trustee in your case can use the state law to go after the transferee (family member). A lot of this depends on the amounts involved and other considerations, so you should check with a bankruptcy attorney in your area for more details. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

You need to amend your bankruptcy schedules immediately to include the asset.  Depending on its value and what exemptions you have available, you may need to amend your plan to alter the percentage payout to your unsecured creditors. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr    ... Read More

You don't state a question, but if a creditor is trying to collect on a discharged debt you can seek sanctions against them in the bankruptcy court for contempt of court pursuant to 11 U.S.C. 524. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More

That depends on what the order on the relief from stay motion says.  If it's binding upon conversion, then the creditor can sell or repossess the car.  The Trustee can try to sell it prior to those events occurring.  If it is not binding on conversion, then a new relief from stay motion would need to be filed.   Either way, until the creditor has repossessed and sold the vehicle, the rights and title to the vehicle belong to the Trustee. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read More

I would have to research this issue to be 100% certain, but I believe that IRAs, as with other qualified retirement accounts, are not property of the bankruptcy estate by definition and, therefore, the Trustee has no interest in or control over them unless, and to the extent that, they exceed the statutory exemption amount (which is over one million dollars). Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More

Well, how well did you research the attorney you originally chose?  Did you check his record with the state bar?  Better Business Bureau?  Online ratings companies like Martindale.com, Avvo.com, etc?  If you paid an attorney money and he did no work, then you should contact your state's bar association and file a complaint to have that money returned. As for selecting a new attorney, you want to get as much information as possible about his reputation, such as the methods I mentioned above.  Also, does he have testimonials from former clients?  etc. etc. All you can do is use your best efforts to gain as much information as possible before deciding. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More

Generally speaking, if you have not filed a previous Chapter 7 bankruptcy in the past 8 years, Chapter 7 bankruptcy is a good fit for someone in the income situation you describe. There are many factors that may affect which chapter of bankruptcy might benefit you most. I suggest meeting with a local attorney for a free consultation. ... Read More

No.  Transferring property to your wife will not protect it.  In fact, unless you receive "reasonably equivalent value" for the property transferred, your creditors (or the Trustee in a bankruptcy case) could sue her to recover the value transferred, particularly if done within 2 years prior to filing your case. It's impossible to advise you as to how to protect the property without knowing its value, the value of your other assets, and the exemptions available to you under applicable law. Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. You should consult with a bankruptcy and/or asset protection attorney in your area for more details. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More

I agree that if the attorney is disbarred, the likelihood is that he lacks the funds to pay you back. If you decide to pursue it, I do not know why you would not prevail.   Due to the attorney being disbarred, I am very concerned if the attorney on the verge of being disbarred did his job of  making sure your assets and income are protected. I strongly suggest you get someone to review them before the meeting of creditors. You want  to insure you did not sign paperwork that establishes the right of the Trustee to grab cash or even your house. I have seen it happen.... Read More

 While I think no one should file bankruptcy without legal advice, I commonly come across people who do it on their own and I have to admit that they , though self education and luck, do a decent job In contrast ,you are asking very basic issues that has  joining Joseph in being   very  worried if you have sufficient knowledge to handle a simple bankruptcy. Of course you should be listing every possible debt and every possible holder of the debt. Similarly, when asked for information about your husband , you have to provide it. Even more disturbing is that you are seeking information about protecting assets without telling us what the assets are, let alone the value. WIthout knowledge of your assets, no one can help you to decide if federal or state exemptions are good for you.   Pro se debtors are very lucky that one of the best consumer bankruptcy lawyers in the state decided to become a clerk in the bankruptcy court helping pro se debtors. While he is limited in the advice he can give, he can be very helpful in giving you impartial advice if you need an attorney and telling you what resources are available to help you.... Read More