Massachusetts Bankruptcy Legal Questions

You can file Chapter 7 Bankruptcy without including your husband, but you MUST include your husband's income and income from anyone living in the household who contributes to the household. If you husband filed for Chapter 7 Bankruptcy 7 years ago he is not eligible to file again for approximately 1 year. Who is eligible to file Chapter 7 Bankruptcy: (1) A person who has been granted a discharge in a chapter 7 case that was filed within the last 8 years. (2) A person who has been granted a discharge in a chapter 13 case that was filed within the last 6 years, unless 70 percent or more of the debtor's unsecured claims were paid off in the chapter 13 case. Basically you can file alone now or wait for the time period to elapse and file jointly. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook      ... Read More

You may contact the Massachusetts Board of Bar Overseers. The BBO can be reached at: www.mass.gov/obcbbo/ 617-728-8750 You may also want to contact a debt collection attorney.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.Email messages are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email responses do not form an attorney-client relationship. In the event that you would like to enter into an attorney-client relationship with me, please call 888-269-0688 to make an appointment.     Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law (Specializing in Bankruptcy & Personal Injury Law)http://massachusettslawyeronline.com/ 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147     ... Read More

If all the debts are under your name, you reaffirm the home mortgage and your mortgage is up to date at the time of your filing, your bankruptcy will not effect your partner. But since you both live together and share bills, your partners income will effect your filing, as it must be included, but the bankruptcy will not affect your partner. You should contact an attorney specializing in Bankruptcy. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.Email messages are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email responses do not form an attorney-client relationship. In the event that you would like to enter into an attorney-client relationship with me, please call 888-269-0688 to make an appointment. Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law (Specializing in Bankruptcy & Personal Injury Law)http://massachusettslawyeronline.com/ 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147  ... Read More

Your bankruptcy will not effect your mother's house, regardless of how title is held. Chapter 7 Bankruptcy is only focused on your, income, your debt situation and your assets. With you having no title interest in the house, it will not have any effect of your bankruptcy filing. You should contact an attorney specialized in Bankruptcy Law and setup an appointment. Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Lawhttp://massachusettslawyeronline.com/ 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147  ... Read More

More information is required to answer this question, such as how many children you have, your monthly bills, your income (which you gave) and a few things to determine if you are eligible for Ch. 7 Bankruptcy. If your income is steady, then Ch. 13 Bankruptcy will be no problem for you to file. I suggest you contact a bankruptcy attorney and arrange a consultation, as your situation is not cut and dry. Thank You. Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law (Specializing in Bankruptcy and Personal Injury Law)http://massachusettslawyeronline.com/ 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147  ... Read More

I have never heard of a pre or post nuptial agreement being used as bankruptcy protection. For a transfer of property prior to a bankruptcy filing (ch. 7) there is a specific limit of time which must pass before the transfer is not found to be fraudulent; if enough time has not passed such transfers of property will not be protected from the Bankruptcy Trustee. FYI: Bankruptcy Court is run by the Department of Justice, not I.R.S. I suggest you contact an attorney directly and explain all the facts, I feel there is too little information given in your question to give an accurate answer. Thank You. Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Lawhttp://massachusettslawyeronline.com/ 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147  ... Read More

You might need an attorney. If this debt is from 1996 the statute of limitations has run for collection efforts. I see this on a regular basis. Real bottom feeders. They buy up old debt for one cent on the dollar. Then they start calling. If they get one out of a hundred to pay something they come out way ahead. Don't pay them anything.... Read More

You could, potentially, file a Chapter 13 bankruptcy. While no new discharge is available, you are able to create a plan to repay your mortgage arrears. With that said, you will not be successful with the plan (and the case will be dismissed) if you are unable to propose a confirmable Chapter 13 plan, which will include payment of all of your mortgage arrears over a period of between 3 and 5 years. In order to propose such a plan you must show (at a minimum) adequate income to support not only your plan payments but your normal monthly mortgage payments.... Read More

If you did not sign and file a reaffirmation agreement, then you can walk away from the mortgage and not be responsible for the foreclosure deficiency. You must, however, keep the house insured and in compliance with zoning and other applicable laws to avoid any future personal liability before the deed transfers out of your name to the bank or a subsequent buyer.... Read More

If there were no assets for distribution in your case, no deadline would have been set for filing a proof of claim.  If that is the case, the debt was included in your discharge.  Provide a copy of the discharge to the collector, and if they keep it up, they will be violating, among other things, the Fair Debt Collection Practices Act.  ... Read More

This depends in part on whether your Chapter 7 case is for you individually or for a corporation.  If it is for you individually, then yes if the Trustee abandons the lawsuit asset to you, then you are free to pursue it and do whatever you want with the proceeds should you prevail.   However, it is important that you fully disclosed the lawsuit in your bankruptcy papers and didn't "undervalue" it. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read More

First, it is not a conflict of interest for her to file a suit where her Mother works, unless you have proof that the Mother is unduly influencing the court personnel then you can request the case be removed to another court. I am unclear if you left 21/2 years ago or you recently left and your relationship lasted 21/2 years. The credit card companies will go after her not you. She would have to have some tangible argument as to why you are responsible for her credit card debt. Can she prove that you used the cards? Was any of the items on the cards used to purchase items that you currently possess? She can sue you but the result will depend upon the discovery done in the case and what she can actually prove as being your debt. It is known as a complaint in equity. That somehow you were unjustly enriched by receiving items that she is currently paying for. I think it will be hard for her but don't assume she has no case. I would contact an attorney.... Read More