Bankruptcy Process
The following is typically what you could expect from start to finish when filing for bankruptcy in Massachusetts.
Typically, the bankruptcy process starts with a telephone call from you to our office to speak with a bankruptcy lawyer. During this initial telephone call, we will ask you a few brief questions and get a general idea of how we can help you.
The next step would be to meet with you for a free bankruptcy attorney consultation. At this time we will try to determine your goals in filing for bankruptcy, whether it is simply to get out from under oppressive debt or to save your home from foreclosure or a combination of both. Basically, we, as an objective bankruptcy lawyer, want to find out how to best get you a fresh, new start financially in life.
At the first consultation, we will also analyze your personal property, real estate, income, expenses, real estate issues and financial affairs so that we can "protect" you personal property and real estate and determine if a chapter 7 bankruptcy or chapter 13 bankruptcy is best suited to get you a fresh new start in life, and what is in your best interest.
Before filing a new bankruptcy case in Massachusetts you must first complete a "credit counseling course" and receive a certificate of completion. This is a fairly easy process and fairly easy to complete. It can be done at your convenience and in the comfort of your own home. Typically, it takes about an hour or less and can be done over the telephone or by internet. You do not have to sit through lengthy class room lectures or prepare for it in any way. In fact, most of our clients enjoy the credit counseling and find it to be very helpful. It is nothing to worry about and we can assist you in finding an approved credit counseling agency for a Massachusetts bankruptcy filing.
After that, the bankruptcy lawyer prepares a bankruptcy petition to be submitted and filed with the United States Bankruptcy Court District of Massachusetts. The Bankruptcy Court then schedules what we refer to as a "341 Hearing." This is usually the only time you have to appear in front of anyone. There is no need to be nervous or worried about this meeting. You do not go in front of a judge and you do not go into a court room. This is a somewhat informal meeting where you typically sit down at a small table with your bankruptcy lawyer by your side and the bankruptcy trustee. Your creditors typically do not show up at this hearing. At this meeting you are asked about 10 questions and typically nothing your bankruptcy lawyer did not ask you before in his office and usually the same questions you were asked by your bankruptcy attorney before the bankruptcy petition was filed. Again, your bankruptcy attorney will be sitting right there next to you at this hearing and you will not be there alone.
That is nearly the end of the process. You do have to complete a second credit counseling class called "Debtor Education" after the bankruptcy case is filed, but not later than 45 days after your hearing. Again, this is a fairly simple process and can be completed in about an hour or less either by telephone or by internet and in the comfort of your own home and at your convenience. You do not have to sit through any lengthy classroom lectures or prepare for it in any way. It is nothing to be worried or concerned about and we would be glad to assist you in finding an approved financial management agency and approved debtor education agency for a new Massachusetts bankruptcy case.
Usually, this is all there is to be expected when filing for bankruptcy in Massachusetts. Your bankruptcy attorney does most of the work and will guide you at every step in the process. Once everything is completed, you can usually expect to receive your bankruptcy discharge approximately 60 days after the hearing date. This "Chapter 7 Bankruptcy Discharge or Chapter 13 Bankruptcy Discharge" means that you have been discharged from your debts and are no longer required to pay your dischargeable debts.
We take pride in offering individual and personalized attention to all of our clients. We are always available to answer your questions and concerns and to assist you at every step of the process, from the very beginning right to the very end. You do not have to go through this alone, we are always there for you when you need us. Filing for bankruptcy does not have to be an embarrassing, daunting and lonely process where you feel ashamed, guilty or depressed. Rather, you should be looking forward to your fresh new start and your new beginning and we are here to help you with this. If you have any specific questions about bankruptcy please feel free to call us at any time or visit our bankruptcy questions page.
In the Fall River, New Beford, Taunton Massachusetts and all surrounding areas of Bristol County MA and Plymouth County MA, contact: Anthony Bucacci or Robert Simonian.
We help people file bankruptcy in Massachusetts and particularly Attorneys Anthony Bucacci and Robert Simonian are Massachusetts bankruptcy lawyers helping people file bankruptcy in all of Massachusetts and particularly Southeastern Massachusetts including Fall River, Seekonk, Swansea, Freetown, Somerset, Westport, Westport Point, New Bedford, Assonet, Bedford, North Dartmouth, South Dartmouth, Fairhaven, Mattapoisett, Acushnet, Wareham, Taunton, Middleboro, Lakeville, Dighton, North Dighton, Raynham, Norton, Attleboro and North Attleboro Massachusetts.
For information about filing for bankruptcy in Rhode Island, please contact bankruptcy Attorney John Simonian at 401-941-4800.