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When to file bankruptcy
When to file bankruptcy. Many people listen to financial people who recommend when to file bankruptcy only as a last resort. The problem with this is that many people do everything they can to avoid bankruptcy (including selling valuable assets that would otherwise be protected), only to end up bankrupt anyway.
Take for instance a friend of mine named Joe. Joe was told by his family and friends that bankruptcy was the worst option possible. That filing chapter 7 would scar his reputation and credit report for years to come. John knew that bankruptcy shouldn’t be taken lightly, and he was very prudent to study his options carefully before making a decision when to file bankruptcy.
However, even though he felt that he needed to file Chapter 7, he was too ashamed and too timid to go against his family’s advice and decided to go with some other options instead. He obtained a home equity loan to pay off some of his credit card bills. When that wasn’t enough to cover all of his debt obligations, he decided to take money from his retirement.
The sad news is that this was not enough to pay all of Joe’s financial obligations including credit card bills, medical bills, and other debts. When all was said and done, he was still bankrupt and now had no retirement funds and he sold a lot of his assets. He had also lost a significant portion of equity in his house, and his house was on the line if he cannot pay back the bank loan because he could not decide when to file bankruptcy.
Although this might seem like an extreme scenario, the point is that bankruptcy should not be viewed only as a last resort. It can save some valuable assets from creditors. Your home is often protected by a homestead exemption clause in Massachusetts. Pension plans and retirement funds are usually also protected. If you would have to put at risk your valuable assets that would otherwise be exempt from liquidation, then you need to consider Chapter 7 very carefully.
Likewise, you need to ask yourself how long it would take to pay off your current bills. What kind of lifestyle you would have. If you can live a reasonable standard of living while paying off your debt in the next few years, you should at least sit down with a bankruptcy attorney and discuss your options. Call us today for a free consultation or visit our web site www.massbklaw.com
Article Source: http://EzineArticles.com/2756529
Twelve reasons to file bankruptcy
1) You get a fresh financial start. Filing for bankruptcy is powerful and useful tool which allows you to discharge all or most of your debts and usually keep all of your assets. This is one of the twelve reasons to file for bankruptcy. You get a “fresh start” with your life and you can begin again financially without the burden of being in debt and being caught in the never ending debt trap. It will no longer affect your everyday life and you will no longer live in fear and you can put your life back together quickly.
2) Usually your credit score will improve over and above what your credit score would be if you didn’t discharge these debts. By the time most people file bankruptcy they are so far behind in their credit card payments that bankruptcy will actually help improve their credit score. Since most people are unlikely to pay their debts off this results in a permanently low credit score. Your credit score will decrease immediately upon the filing of the case but when your bankruptcy is finished your debts will appear as “discharged in bankruptcy”. Those debts discharged in bankruptcy will then no longer negatively impact your credit score. You can now begin to rebuild your credit score with new credit. You will get credit card offers after the bankruptcy discharge so use them wisely to increase your credit score. These are 2 of the twelve reasons to file bankruptcy.
3) You get freedom – Shakespeare said “never a borrower or lender be” because as a borrower you become a slave to the lender. If you owe credit card debts then you are slave to those big banks to whom you owe money. You pay huge amounts of interests to these big banks every month to service your debt. These interest payments only serve to enrich very large corporations at your expense. Filing bankruptcy can serve to free you permanently from both the worry and the financial strain of continual and unrelenting debt and the stress of the collection actions.
4) You can keep all or almost all of your assets. Most people can retain all of their assets in a bankruptcy. That includes your house and your cars and everything else that you own. Many people think they will lose everything. We have very generous exemptions in Massachusetts that allow most people to keep everything they own including your house retirement accounts and cars.
5) You will get peace back in your life. When you file bankruptcy your creditors must stop calling you on the phone. Most of my clients have not answered their phone for some time before they actually consider bankruptcy. Filing a bankruptcy will stop all of these collection efforts with the miracle of the “automatic stay” that is put in place once you file bankruptcy. This automatic stay stops all creditors from contacting you in any way once they get notice from the Bankruptcy Court.
6) No one needs to know. Many people are afraid of bankruptcy because they think that their landlord or their employer will find out about their bankruptcy and they believe they can be evicted or lose their job. This is not true and you will still have anonymity if you file. You don’t have to tell anyone that you filed bankruptcy and probably no one will know unless you tell them. It is unlikely that this will happen though so your secret should remain safe. Your landlord will probably not be notified especially if you are on a month to month lease. Your employer need not know unless you already have a wage garnishment that needs to be stopped. You cannot be fired from your job or thrown out of your apartment or home because you filed bankruptcy if your employer or lenders or landlord do find out. Discrimination of this sort based upon a bankruptcy filing is illegal.
7) You have other things to do with your money- If you are like most people then you need the money you earn from working to pay for your own personal bills and pay for your family and their needs. You don’t need to give this money to these large banks. You don’t need to spend this money to enrich large banks for money you borrowed from them a long time ago.
If you earn less than is allowed in the means test then you can probably file chapter 7 bankruptcy and discharge your debts.
8) You have already paid the credit card companies back at least what you borrowed if not 2 or 3 times more than that. If you are like most of my clients then the debts that you owe are probably very old. You have probably been making payments on these debts for years. If that is true then you have already paid back the creditors their money. By the time most people file a bankruptcy they have already paid back all of the money they borrowed plus a lot of interest. Don’t make the mistake of feeling that you need to keep paying these companies when you cannot afford to do so and your quality of life keeps dropping. These are 8 of the twelve reasons to file bankruptcy.
9) Times are very tough and many people need to file more now than ever. The price of food and gas has gone up and up and inflation is taking a toll on household budgets. Times are very tough in this economy and it does not look like it will get better soon so explore the possibilities that bankruptcy offers you.
10) Personal bankruptcy is your bailout – Corporations file bankruptcies all the time including the credit card companies that you owe money to. They bail out with bankruptcy so why not you? In addition many banks have received government bailout money to keep them going. They then turn around and bother you for money. That is your money they are receiving from the government but they are not giving you any breaks.
11) The creditors absolutely will not stop trying to collect from you until you pay or you are dead or you file bankruptcy. They only know one thing and that is to collect your debt with all of the interest and penalties that they can add. They will continue to sell the debt to other collectors and these collection agents have a nationwide network. They buy, sell, and trade these debts but they keep trying to collect. They simply will not just go away but rather they wait until you have something they can take from you.
12) Your situation will probably continue to get worse and worse if you don’t file bankruptcy or pay these creditors. The collection efforts will increase in intensity and eventually the creditors will file a law suit. Many people try to put their heads in the sand and hope the debts will disappear. This is not the case though as the situation will only get worse. The debts will grow in size as interest and fees grow. Eventually some creditors will file suit and serve these on you. If you do not file at this point then you could get a default judgment against you and they will use this judgment to collect money from you. They can now lien your house and file a lien against you personally or garnish your pay check. Most liens can be removed in bankruptcy. You should contact a bankruptcy lawyer for filing chapter 7 or filing chapter 13 with an experienced bankruptcy law firm or bankruptcy attorney. Above are the twelve reasons to file bankruptcy.
3 Reasons Not To File Bankruptcy
There are 3 reasons not to file bankruptcy and there are many reasons to file bankruptcy. With so many people getting buried in debt these days and falling further and further behind on their bills, bankruptcy is a subject that seems to come up all the time. Knowing when to file bankruptcy is right for you and your family is a tough decision to make and requires some serious thought and expert bankruptcy advice from a bankruptcy attorney.
In order to help you make the right decision for you and your family, you need to start by limiting the wrong reasons for filing bankruptcy. Even though it’s a real option for helping people get out of financial distress too many people are overly concerned about their credit score or read false information on the internet or listen to friends or family rather than seek the advice from a bankruptcy lawyer.
Here are 3 reasons not to file bankruptcy:
- You are worried about your debts even though you can probably pay them off comfortably. In many cases, you should be able to pay your debts within a few years if you consistently make small monthly payments. If your total debt is small enough that you can pay this off fairly comfortably, bankruptcy is probably not for you. However, if you cannot reasonably afford the monthly payments or if you are cutting back on necessities then you have a reason for filing bankruptcy or consider filing for bankruptcy.
- You’re trying to get rid of debt that will not be eliminated by bankruptcy. Many people make the wrong assumption that all of their debts will be wiped out by bankruptcy. It’s true that much, if not most, of your financial obligations can be eliminated. This can be a lifesaver and help you have a financial fresh start. Some debt will not be wiped out by bankruptcy such as student loans, child support, taxes, and criminal fines. If these sorts of debts are the main reason for your financial problems, bankruptcy may not help you much unless you consider a chapter 13 bankruptcy to restructure the debt. The Massachusetts bankruptcy court is there to help you and protect your rights.
- You’re being harassed by debt collectors even though you do not owe the debt. Creditors do make mistakes and they probably do so much more often than you think. If you believe that a bill was sent to you by mistake, you should definitely fight it. Perhaps you have already made payment but it was not credited to your account, or maybe you’re the victim of identity theft, which is becoming more and more common or it is possible that the creditor simply has the wrong person with the same or similar name.
There are certainly many situations in which bankruptcy is the best decision you could make. However, you need to examine your own situation and learn as much as possible about bankruptcy to see if it is your best option. Again, it is always best to get advice from a qualified and experienced bankruptcy attorney and do not rely on advice from family, friends or the internet.
Get the facts about bankruptcy and get control of your debt. Learn more about filing for bankruptcy by calling us today at 508-678-4000 or contacting us at our website. The consultation is always free and we are always available to answer your questions.
Do’s and Don’t after bankruptcy.
DO:
| 1) | DO get copies of all three credit reports and make sure that all the accounts listed in your bankruptcy are being reported as discharged. Your can get credit reports for free. It is a good idea to wait about 30 to 45 days after the discharge enters. |
| 2) | DO get a secured credit card but make sure the card issuer reports your payments, has a grace period, and set a limit that is comfortable for you. |
| 3) | DO set up plan for your undischarged debts, such as student loans and taxes, and pay them off as quickly as possible. Call each creditor and make payment arrangements. |
| 4) | DO wait at least two years before applying for a mortgage to get the best interest rate. |
| 5) | DO try to use your new credit wisely and rebuild your credit score quickly. |
DON’Ts
| 1) | DON’T take every available credit offer that is mailed to you. You’re better off seeking out a good secured credit card on your own. |
| 2) | DON’T reaffirm debts such as your car, mortgage or major appliances without the advice of your attorney. |
| 3) | DON’T let creditors shame you into paying a higher interest rate because of your bankruptcy. Once you’ve paid regularly on a secured card for a while, you are eligible for the going interest rates. Don’t be afraid to leave that offer and go elsewhere. |
| 4) | DON’T take out a car loan for too many years because there’s too great a risk of becoming “upside-down” on your loan and owing more than the car is worth. |
| 5) | DON’T go to “bad credit no problem” lenders! They usually take advantage of you with high interest rates and bad terms. |
You can be your own worst enemy after bankruptcy or you can be the best friend you’ve ever had. Follow these tips and you’ll soon be back on your financial feet and enjoying the fresh start you deserve.
WHAT BILL COLLECTORS CAN AND CANNOT DO
Bill collectors can be very persistent while trying to collect money, as you may know. However, people may not know that The Fair Debt Collection Practices Act extends substantial protection to people from collectors by making certain practices illegal in Massachusetts and the rest of the United States. Learn what bill collectors can and cannot do.
Many people do not know their rights under the law, but having an understanding of your rights can protect you from harassment and intimidation. Below is a list of many things that bill collectors cannot do while trying to get money for a bill, and what you can do if you believe that your rights have been violated. Also listed below is what bill collectors cannot do while trying to collect money.
What Collectors Cannot Do
- Collectors cannot call after 9 p.m. or before 8 a.m.
- Collectors cannot call many times a day about the same bill.
- Collectors cannot contact a person if the person sends the collectors a letter that says the person does not want to be contacted again regarding the bill.
- Collectors cannot call the person’s job if the person asks the collectors to stop.
- Collectors cannot show up at a person’s job.
- Collectors cannot harass people who owe money.
- Collectors cannot threaten the people who owe money. This includes: using inappropriate language, threatening violence, threatening to take property away illegally, or threatening to have someone arrested.
- Collectors cannot threaten to sue without meaning it.
- Collectors cannot lie about which company the collector works for. Collectors cannot pretend to be attorneys, the government, or to work for a credit bureau.
- Collectors cannot lie about the amount of money that is owed.
- Collectors cannot say a form that was sent was a legal document if it wasn’t.
- Collectors cannot publicize the fact someone owes money. Collectors cannot tell anyone besides the person who owes the money, the person’s spouse, and the person’s attorney about the money owed.
- Collectors cannot publish the bill’s existence somewhere that someone else may see it, including on a post card.
If a collector does anything which violates the Fair Debt Collections Practices Act, the person may contact the state’s attorney general, the Federal Trade Commission, the Consumer Financial Protection Bureau, or an attorney for help.
However, there are many things that a collector can do to try to get the money they are owed.
What Collectors Can Do
- Collectors can call daily, in between the hours of 8 am and 9 pm.
- Collectors can send frequent letters.
- Collectors can try to find out a person’s current contact information by calling family and friends.
- Collectors can sue for the money.
- Collectors can call a person’s workplace until the person asks the collector to stop.
- Collectors can try to get the money owed even if too much time has passed for the collector to sue the person.
- Collectors can sell the money owed, and another collection company may take over.
Being pressured by collectors can be extremely stressful and you may want to consider filing for bankruptcy. Even if the collectors are acting lawfully, their contact can still be annoying and disruptive. It can also be hard to tell when a collector crosses the line from legal to illegal territory. Contacting a bankruptcy attorney can take care of a lot of the stress from the collector, and the person who owes the money can be certain that their rights are being protected and advocated for. If you are being contacted by a collection agency and looking to erase your bills by filing for personal bankruptcy, please contact the Law Office of Bucacci and Simonian at 508-673-9500 for your free and confidential bankruptcy attorney consultation to learn what bill collectors can and cannot do.
BANKRUPTCY – UNDECIDED OR UNSURE WHAT TO DO?
Talk To Us About Your Options:
We always tell potential clients to talk to us first to see if bankruptcy is in their best interest. The consultation is always free. Talk with Attorney Robert Simonian or Attorney Anthony Bucacci in private and in total confidentiality to see if filing bankruptcy in Massachusetts is right for you.
We can almost always come up with a solution to your financial problem. We have filed over 10,000 cases in the past 26 years and there are very few scenarios that we have not seen. We are known for our hard work, diligence, creativity and problem solving abilities. Often we are the bankruptcy attorneys other attorneys come to with difficult cases. Call today to see what we can do for you and what options are available. Often people believe they are the only ones with financial problems and are embarrassed of their situation. This is simply not true and many famous people have had to file for bankruptcy to get a fresh start.
Why Call Bucacci & Simonian:
We are known as one of the best bankruptcy attorneys in Southeastern Massachusetts serving the Bristol County and Plymouth County areas. Please inquire with anyone as to our reputation. Reputation is everything and we are very proud of ours. We have received numerous awards from various agencies and courts including the Bankruptcy Court in Boston, Massachusetts.
Using our knowledge and skill we have had several clients complete their five year Chapter 13 bankruptcy plans where they own their home FREE & CLEAR OF MORTGAGES. We understand how important it is to save clients’ homes from foreclosure, keep their cars from being repossessed and stop creditors from suing them and attaching their wages or attempting to seize their assets. This can be stopped almost instantly and we make every effort to be very available to your clients and can accommodate emergency situations. One of our most famous cases involved saving a clients’s multi-family home. https://www.courtlistener.com/opinion/1863802/in-re-brizida/
What to Avoid:
Do not attempt to file for bankruptcy on your own. You can make your situation much, much worse. If the bankruptcy petition is not correct you could lose your home, your car or possessions or you could be asked to file a different kind of bankruptcy where you have to make monthly payments when it could have been avoided. If you are not properly represented a bankruptcy trustee may foreclose on your house, allow your car to be repossessed, seize a tax refund or other assets. You could file under the wrong chapter, apply the wrong exemptions, fail to file all of the necessary forms or not understand the significance of important forms.
Protect Yourself:
Call us today for a free and complete bankruptcy consultation. We can protect you from your creditors and protect your home, cars, jewelry and other assets. Creditors and collection lawyers have a job to do and it may seem that they are heartless and will take anything they can from you. They are represented and you should be too. Call us today. The Federal Bankruptcy Court indicated that seeking the advice of a qualified attorney is strongly recommended. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney
Fall River MA | New Bedford MA | Raynahm MA | Seekonk MA | Somerset MA | Swansea MA | Taunton MA | Westport MA
Car Loan Payments | Collection Agencies | Common Questions About Filing Bankruptcy | Credit Card Debt | Delinquency Notices | Eviction | Filing Chapter 7 | Filing Chapter 13 | Financial Hardship | Foreclosure | Overdue Bills | Repossession | Sheriff Sale | Student Loan Debt | Tax Liens | Wage Garnishment
The Facts About Filing Bankruptcy
Based on CBP data, we find that people are living longer in the financial stress sweatbox before filing bankruptcy than they have in the past. Call us to learn the facts about filing bankruptcy.
Two-thirds of people who file bankruptcy reported struggling with their debts for two or more years before filing for bankruptcy.
One-third of people reported struggling for more than five years, that is double the frequency from the CBP’s survey of people who filed bankruptcy in 2007.
For those people who struggle for more than two years before filing — the “long strugglers” — we find that their time in the sweatbox is marked by persistent debt collection calls, the loss of homes and other property, and going without healthcare, food, and utilities just to make minimum payments on only some of their bills.
There is no need to live like this. The longer you wait means the longer your road to recovery. Although long strugglers do not file bankruptcy until long after the benefits outweigh the costs, they still report being ashamed of needing to file.
It is often much better to end the stress and anxiety and not delay repairing your life. The longer you wait the longer your relationships with others suffer and the more unhealthy stress and anxiety builds up.
Bankruptcy is for the most part a confidential process and your friends, family and neighbors will not know unless you tell them that you filed for bankruptcy. You should not feel ashamed to file for bankruptcy and it is not a sign of failure or defeat.
Most people need a fresh start in life at least once in their life. From start to finish, no one you encounter in the bankruptcy process will make you feel guilty, uncomfortable or ashamed.
At Bucacci and Simonian we are not judgmental of your situation. We are here to help you and provide you the facts about filing bankruptcy.
Every year we have to meet with and file bankruptcies for our friends, family members of friends, colleagues, business associates and people we have know for many years. The best way to look at your situation is that it is no different than going to the doctor when you are too sick to recover on your own and you need professional help.
Call us today for a free confidential bankruptcy consultation.
We are Massachusetts bankruptcy attorneys who have been helping people with their financial problems for well over 25 years. Call Bucacci & Simonian at 508-673-9500 for a free and confidential consultation today.
BANKRUPTCY – UNDECIDED OR UNSURE WHAT TO DO?
Talk To Us About Your Options:
We always tell potential clients to talk to us first to see if bankruptcy is in their best interest. The consultation is always free. Talk with Attorney Robert Simonian or Attorney Anthony Bucacci in private and in total confidentiality to see if filing bankruptcy in Massachusetts is right for you.
We can almost always come up with a solution to your financial problem. We have filed over 10,000 cases in the past 26 years and there are very few scenarios that we have not seen. We are known for our hard work, diligence, creativity and problem solving abilities. Often we are the bankruptcy attorneys other attorneys come to with difficult cases. Call today to see what we can do for you and what options are available. Often people believe they are the only ones with financial problems and are embarrassed of their situation. This is simply not true and many famous people have had to file for bankruptcy to get a fresh start.
Why Call Bucacci & Simonian:
We are known as one of the best bankruptcy attorneys in Southeastern Massachusetts serving the Bristol County and Plymouth County areas. Please inquire with anyone as to our reputation. Reputation is everything and we are very proud of ours. We have received numerous awards from various agencies and courts including the Bankruptcy Court in Boston, Massachusetts.
Using our knowledge and skill we have had several clients complete their five year Chapter 13 bankruptcy plans where they own their home FREE & CLEAR OF MORTGAGES. We understand how important it is to save clients’ homes from foreclosure, keep their cars from being repossessed and stop creditors from suing them and attaching their wages or attempting to seize their assets. This can be stopped almost instantly and we make every effort to be very available to your clients and can accommodate emergency situations. One of our most famous cases involved saving a clients’s multi-family home. https://www.courtlistener.com/opinion/1863802/in-re-brizida/
What to Avoid:
Do not attempt to file for bankruptcy on your own. You can make your situation much, much worse. If the bankruptcy petition is not correct you could lose your home, your car or possessions or you could be asked to file a different kind of bankruptcy where you have to make monthly payments when it could have been avoided. If you are not properly represented a bankruptcy trustee may foreclose on your house, allow your car to be repossessed, seize a tax refund or other assets. You could file under the wrong chapter, apply the wrong exemptions, fail to file all of the necessary forms or not understand the significance of important forms.
Protect Yourself:
Call us today for a free and complete bankruptcy consultation. We can protect you from your creditors and protect your home, cars, jewelry and other assets. Creditors and collection lawyers have a job to do and it may seem that they are heartless and will take anything they can from you. They are represented and you should be too. Call us today. The Federal Bankruptcy Court indicated that seeking the advice of a qualified attorney is strongly recommended. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney
Fall River MA | New Bedford MA | Raynahm MA | Seekonk MA | Somerset MA | Swansea MA | Taunton MA | Westport MA
Car Loan Payments | Collection Agencies | Common Questions About Filing Bankruptcy | Credit Card Debt | Delinquency Notices | Eviction | Filing Chapter 7 | Filing Chapter 13 | Financial Hardship | Foreclosure | Overdue Bills | Repossession | Sheriff Sale | Student Loan Debt | Tax Liens | Wage Garnishment
Debt is Threatening Retirement Dreams
Many Americans are bringing more than just their bucket list with them into retirement. According to a recent analysis by MagnifyMoney, a growing number of Americans are carrying burdensome debt into their 50s and beyond and debt is threatening retirement dreams.
The biennial MRRC study surveys more than 20,000 Americans 50 and older on a range of financial topics. MagnifyMoney found the latest results revealed a number of debt trends that threaten to undermine the retirement goals of many older Americans.
Debt On the Rise
Both the percentage of older Americans carrying debt and the amount of debt they’re carrying are on the rise. As recently as 1998, roughly 37 percent of Americans age 56 to 61 carried debt, with an average debt load of $3,634 in 2012 dollars, according to MRRC research. By comparison, today, 42 percent of Americans that age carry debt and with an average debt load of $17, 623.00 and debt is threatening retirement dreams.
The trend isn’t explained away by higher mortgage costs, either.
According to MagnifyMoney’s analysis, almost one-third (32 percent) of older Americans carry non-mortgage debt on a month-to-month basis, with an average of $12,490. Of that, $4,786.00, on average, is credit card debt, represents its own significant challenge for Americans as they near retirement.
Credit Card Debt Weighs Heavily
Some 40 percent of older Americans have at least $5,000 in credit card debt,; 22 percent owe more than $10,000 — an amount exceeding what most of them have in their checking accounts.
Saving For Retirement
When you are caught in the trap of using your paycheck to pay credit cards or debt minimum payment and they find yourself using the available credit to buy essentials like food, gas and medicine you start to get on an endless treadmill and accumulate no saving for your retirement. Many American stop contributing to their 401(K) plans and retirement plans so they can have extra money in their pay check and make minimum payments on debts that never seem to go down.
Consider Filing for Bankruptcy
If you are approaching retirement within 15 to 20 years and find yourself on the endless treadmill of paying minimum payments and not saving for your retirement you may want to consider filing bankruptcy. You can get a fresh financial start in life, get you feet on the ground and your head above water. Call us today for a free, confidential, no obligation bankruptcy consultation today.
BANKRUPTCY – UNDECIDED OR UNSURE WHAT TO DO?
Talk To Us About Your Options:
We always tell potential clients to talk to us first to see if bankruptcy is in their best interest. The consultation is always free. Talk with Attorney Robert Simonian or Attorney Anthony Bucacci in private and in total confidentiality to see if filing bankruptcy in Massachusetts is right for you.
We can almost always come up with a solution to your financial problem. We have filed over 10,000 cases in the past 26 years and there are very few scenarios that we have not seen. We are known for our hard work, diligence, creativity and problem solving abilities. Often we are the bankruptcy attorneys other attorneys come to with difficult cases. Call today to see what we can do for you and what options are available. Often people believe they are the only ones with financial problems and are embarrassed of their situation. This is simply not true and many famous people have had to file for bankruptcy to get a fresh start and not let debt is threatening retirement dreams.
Why Call Bucacci & Simonian:
We are known as one of the best bankruptcy attorneys in Southeastern Massachusetts serving the Bristol County and Plymouth County areas. Please inquire with anyone as to our reputation. Reputation is everything and we are very proud of ours. We have received numerous awards from various agencies and courts including the Bankruptcy Court in Boston, Massachusetts.
Using our knowledge and skill we have had several clients complete their five year Chapter 13 bankruptcy plans where they own their home FREE & CLEAR OF MORTGAGES. We understand how important it is to save clients’ homes from foreclosure, keep their cars from being repossessed and stop creditors from suing them and attaching their wages or attempting to seize their assets. This can be stopped almost instantly and we make every effort to be very available to your clients and can accommodate emergency situations. One of our most famous cases involved saving a clients’s multi-family home. https://www.courtlistener.com/opinion/1863802/in-re-brizida/
What to Avoid:
Do not attempt to file for bankruptcy on your own. You can make your situation much, much worse. If the bankruptcy petition is not correct you could lose your home, your car or possessions or you could be asked to file a different kind of bankruptcy where you have to make monthly payments when it could have been avoided. If you are not properly represented a bankruptcy trustee may foreclose on your house, allow your car to be repossessed, seize a tax refund or other assets. You could file under the wrong chapter, apply the wrong exemptions, fail to file all of the necessary forms or not understand the significance of important forms.
Protect Yourself:
Call us today for a free and complete bankruptcy consultation. We can protect you from your creditors and protect your home, cars, jewelry and other assets. Creditors and collection lawyers have a job to do and it may seem that they are heartless and will take anything they can from you. They are represented and you should be too. Call us today. The Federal Bankruptcy Court indicated that seeking the advice of a qualified attorney is strongly recommended. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney
Fall River MA | New Bedford MA | Raynahm MA | Seekonk MA | Somerset MA | Swansea MA | Taunton MA | Westport MA
Car Loan Payments | Collection Agencies | Common Questions About Filing Bankruptcy | Credit Card Debt | Delinquency Notices | Eviction | Filing Chapter 7 | Filing Chapter 13 | Financial Hardship | Foreclosure | Overdue Bills | Repossession | Sheriff Sale | Student Loan Debt | Tax Liens | Wage Garnishment
Your Bankruptcy Discharge
Your bankruptcy discharge is more than a document from the bankruptcy court. It is a federal court order prohibiting creditors from collecting the discharged debt from you. The important part here is discharged debt. Although you receive a discharge that does not mean all debt was discharged for example student loans, dhild support and some taxes.
When creditors ignore a federal court order, there can be serious consequences for them.
Discharge applies to most creditors
All creditors who got notice of your bankruptcy are subject to the discharge injunction, with a few exceptions. That’s why it is very important to list everyone who thinks you owe them money in your bankruptcy schedules. It is better to be safe by listing anyone you may owe money to and anyone who may think you owe them money. If the creditor was properly listed and properly notified of the bankruptcy filing they will have little or no excuse as to why they attempted to collect on a discharged debt. You may have a good cause of action against the creditor if they harass you or attempt to collect on a debt after receiving your bankruptcy discharge.
When collector calls after bankruptcy
Whether it’s a debt buyer or the original creditor occasionally you will encounter a collector after your bankruptcy case is over. If that happens, make sure you tell the collector about your bankruptcy discharge, give them your case number and your attorney’s name and phone number. To have a legal remedy for the violation of the discharge, you will need to prove that the collector knows about the discharge. You should keep notes about who called, the date, time, the person you spoke to, etc. If they call more than once after you informed them of the discharge, case number and attorney’s name it is important to call your bankruptcy lawyer immediately
Suing creditors to enforce the discharge
If a creditor is ignoring the bankruptcy discharge you may be able to sue them in bankruptcy court and recover damages and attorney’s fees. The amount of your recovery will depend on many factors including: the amount of stress and anxiety they caused you, if you were denied credit because of their actions, if you need to seek medical treatment due to the stress, if your credit score drops because of their actions and any other damages you can prove and demonstrate.
You can enforce the discharge against your creditors
If creditors who were discharged in your bankruptcy case continue to harass you, call your bankruptcy lawyer immediately. Save all the evidence about how the creditor harassed you. You should not ignore attempts to collect a discharged debt. Take careful notes or all contact they have made with you including all phone calls and save all letters, emails and texts that you receive. If you suffer damages it is important to document all damages. This will help your bankruptcy attorney if the matter goes to court.
BANKRUPTCY – UNDECIDED OR UNSURE WHAT TO DO?
Talk To Us About Your Options:
We always tell potential clients to talk to us first to see if bankruptcy is in their best interest. The consultation is always free. Talk with Attorney Robert Simonian or Attorney Anthony Bucacci in private and in total confidentiality to see if filing bankruptcy in Massachusetts is right for you.
We can almost always come up with a solution to your financial problem. We have filed over 10,000 cases in the past 26 years and there are very few scenarios that we have not seen. We are known for our hard work, diligence, creativity and problem solving abilities. Often we are the bankruptcy attorneys other attorneys come to with difficult cases. Call today to see what we can do for you and what options are available. Often people believe they are the only ones with financial problems and are embarrassed of their situation. This is simply not true and many famous people have had to file for bankruptcy to get a fresh start.
Why Call Bucacci & Simonian:
We are known as one of the best bankruptcy attorneys in Southeastern Massachusetts serving the Bristol County and Plymouth County areas. Please inquire with anyone as to our reputation. Reputation is everything and we are very proud of ours. We have received numerous awards from various agencies and courts including the Bankruptcy Court in Boston, Massachusetts.
Using our knowledge and skill we have had several clients complete their five year Chapter 13 bankruptcy plans where they own their home FREE & CLEAR OF MORTGAGES. We understand how important it is to save clients’ homes from foreclosure, keep their cars from being repossessed and stop creditors from suing them and attaching their wages or attempting to seize their assets. This can be stopped almost instantly and we make every effort to be very available to your clients and can accommodate emergency situations. One of our most famous cases involved saving a clients’s multi-family home. https://www.courtlistener.com/opinion/1863802/in-re-brizida/
What to Avoid:
Do not attempt to file for bankruptcy on your own. You can make your situation much, much worse. If the bankruptcy petition is not correct you could lose your home, your car or possessions or you could be asked to file a different kind of bankruptcy where you have to make monthly payments when it could have been avoided. If you are not properly represented a bankruptcy trustee may foreclose on your house, allow your car to be repossessed, seize a tax refund or other assets. You could file under the wrong chapter, apply the wrong exemptions, fail to file all of the necessary forms or not understand the significance of important forms.
Protect Yourself:
Call us today for a free and complete bankruptcy consultation. We can protect you from your creditors and protect your home, cars, jewelry and other assets. Creditors and collection lawyers have a job to do and it may seem that they are heartless and will take anything they can from you. They are represented and you should be too. Call us today. The Federal Bankruptcy Court indicated that seeking the advice of a qualified attorney is strongly recommended. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney
Fall River MA | New Bedford MA | Raynahm MA | Seekonk MA | Somerset MA | Swansea MA | Taunton MA | Westport MA
Car Loan Payments | Collection Agencies | Common Questions About Filing Bankruptcy | Credit Card Debt | Delinquency Notices | Eviction | Filing Chapter 7 | Filing Chapter 13 | Financial Hardship | Foreclosure | Overdue Bills | Repossession | Sheriff Sale | Student Loan Debt | Tax Liens | Wage Garnishment
Bankruptcy and Divorce at the same time
Bankruptcy and divorce at the same time are among the most stressful and emotionally fraught experiences anyone can go through and dealing with both at the same time can seem overwhelming. Often bankruptcy and divorce at the same time is something to consider.
If you’re facing that prospect, it may be hard to take comfort in assurances about new beginnings (however true they are), but maybe it will help to know others have made it through the ordeal, and to learn some proven strategies for making the processes go as smoothly as possible.
Is It Wise to File for Bankruptcy Before Getting Divorced?
Before putting divorce and bankruptcy into motion, you should understand that it’s unlikely the two proceedings can truly take place simultaneously. You can file legal motions at the same time, but in most jurisdictions one case will take precedence over the other. If both cases are pending simultaneously, bankruptcy is typically suspended until the divorce court apportions marital debts and assets to each party.
Juggling the two legal actions will only complicate your situation, so for simplicity’s sake, you may want to consider filing for divorce before tackling bankruptcy. Certain circumstances, however, can make it more desirable to file bankruptcy first, and then address divorce. Sometimes bankruptcy and divorce at the same time is necessary.
Deciding the best order in which to handle divorce and bankruptcy will depend on your financial situation and the laws that apply in the jurisdiction where you live. You should consult legal counsel before starting either process to determine which makes the most sense for you. In a nutshell, here are the advantages to handling divorce before bankruptcy, and vice-versa.
When Does It Make Sense to File for Bankruptcy Before Divorce?
A main advantage to filing bankruptcy before divorce is the potential for cancelling joint marital debts that would otherwise have to be divided up as part of divorce proceedings, and then tackled separately in each spouse’s bankruptcy. A joint bankruptcy filing requires cooperation between the spouses, but it can significantly streamline the divorce process, reducing legal fees and time commitment for both parties.
In many states, a couple filing for bankruptcy can keep a larger portion of their assets than they would when filing for bankruptcy individually, after a divorce.
When Does It Make Sense to File for Divorce Before Bankruptcy?
The main case for filing for divorce before bankruptcy has to do with meeting the qualifications in your state for Chapter 7 bankruptcy. In contrast with Chapter 13 bankruptcy, which cancels certain types of debt but requires negotiating with creditors to structure a yearslong repayment plan, Chapter 7 cancels qualifying debts altogether. To meet the qualifications for Chapter 7, your income must fall below than that of the median for your state. In households where one spouse earns most or all of the income, completing a divorce before filing for bankruptcy can enable both parties to qualify for individual Chapter 7 bankruptcies.
What Happens to Your Credit After Divorce?
Whether you pursue divorce or bankruptcy first, it’s important to know going in that it may not be possible for either process to completely disentangle your finances from your soon-to-be ex-spouse’s.
For example, Chapter 13 plans on marital debt may leave both parties legally responsible for repayments. There are also categories of debt that bankruptcy cannot discharge (student loans, for example), and if you or your spouse cosigned on such a loan, you may be equally responsible for seeing to it that those debts are paid, even after divorce and bankruptcy.
Bankruptcy has severe, long-lasting negative consequences for individuals’ credit scores and eligibility for loans or credit cards. While divorce doesn’t directly affect individuals’ credit, the aftermath of divorce can lead to circumstances that bring down credit scores as well. Those situations—and the long road to recovery from the credit impact of bankruptcy—will only be complicated if either party withholds payments or otherwise uses joint debt to spite the other party.
Getting through bankruptcy and divorce is never easy, but with a sound strategy and some good faith on the part of both spouses, it’s possible to move on from them and start regaining a solid financial footing within a few years.
BANKRUPTCY – UNDECIDED OR UNSURE WHAT TO DO?
Talk To Us About Your Options:
We always tell potential clients to talk to us first to see if bankruptcy is in their best interest. The consultation is always free. Talk with Attorney Robert Simonian or Attorney Anthony Bucacci in private and in total confidentiality to see if filing bankruptcy in Massachusetts is right for you.
We can almost always come up with a solution to your financial problem. We have filed over 10,000 cases in the past 26 years and there are very few scenarios that we have not seen. We are known for our hard work, diligence, creativity and problem solving abilities. Often we are the bankruptcy attorneys other attorneys come to with difficult cases. Call today to see what we can do for you and what options are available. Often people believe they are the only ones with financial problems and are embarrassed of their situation. This is simply not true and many famous people have had to file for bankruptcy to get a fresh start.
Why Call Bucacci & Simonian:
We are known as one of the best bankruptcy attorneys in Southeastern Massachusetts serving the Bristol County and Plymouth County areas. Please inquire with anyone as to our reputation. Reputation is everything and we are very proud of ours. We have received numerous awards from various agencies and courts including the Bankruptcy Court in Boston, Massachusetts.
Using our knowledge and skill we have had several clients complete their five year Chapter 13 bankruptcy plans where they own their home FREE & CLEAR OF MORTGAGES. We understand how important it is to save clients’ homes from foreclosure, keep their cars from being repossessed and stop creditors from suing them and attaching their wages or attempting to seize their assets. This can be stopped almost instantly and we make every effort to be very available to your clients and can accommodate emergency situations. One of our most famous cases involved saving a clients’s multi-family home. https://www.courtlistener.com/opinion/1863802/in-re-brizida/
What to Avoid:
Do not attempt to file for bankruptcy on your own. You can make your situation much, much worse. If the bankruptcy petition is not correct you could lose your home, your car or possessions or you could be asked to file a different kind of bankruptcy where you have to make monthly payments when it could have been avoided. If you are not properly represented a bankruptcy trustee may foreclose on your house, allow your car to be repossessed, seize a tax refund or other assets. You could file under the wrong chapter, apply the wrong exemptions, fail to file all of the necessary forms or not understand the significance of important forms.
Protect Yourself:
Call us today for a free and complete bankruptcy consultation. We can protect you from your creditors and protect your home, cars, jewelry and other assets. Creditors and collection lawyers have a job to do and it may seem that they are heartless and will take anything they can from you. They are represented and you should be too. Call us today. The Federal Bankruptcy Court indicated that seeking the advice of a qualified attorney is strongly recommended. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney
Fall River MA | New Bedford MA | Raynahm MA | Seekonk MA | Somerset MA | Swansea MA | Taunton MA | Westport MA
Car Loan Payments | Collection Agencies | Common Questions About Filing Bankruptcy | Credit Card Debt | Delinquency Notices | Eviction | Filing Chapter 7 | Filing Chapter 13 | Financial Hardship | Foreclosure | Overdue Bills | Repossession | Sheriff Sale | Student Loan Debt | Tax Liens | Wage Garnishment
Things to consider about Bankruptcy and Divorce
Should you file before or after divorce?
This is a question many divorcing couples ask and the answer depends upon what joint assets and debts you have and what assets you intend to keep after the divorce. For most couples, this question is answered by whether or not you own a home, have equity in it, and one of you intends to keep it and who is residing in the home. In most cases, it is advisable to file bankruptcy jointly before the divorce. You should always consult with an experienced bankruptcy attorney when you first consider divorcing. Most often it is better to jointly resolve your debt issues before the divorce as it is one major component of divorce that can be quickly resolved and leave one less issue to argue over. There are things to consider about bankruptcy and divorce.
It is always best if both spouses can work together before the divorce is filed. It is important to rationally discuss the financial issues and come to a joint decision when possible. When communication breaks down and the parties cannot discuss matters together it often hurts both parties. An experienced bankruptcy lawyer should be able to discuss this with both spouses and make a recommendation that is in both parties interests.
Bankruptcy, child support and alimony.
Generally speaking, as a matter of public policy, both child support and alimony are not dischargeable in bankruptcy. However, by filing Chapter 13, a spouse obligated to pay support can pay the past due support in their chapter 13 bankruptcy plan and pay them over three or five years. Also, having the other debts discharged in bankruptcy and having one lower monthly payment can often make support payments more manageable.
Should you file bankruptcy jointly or individually?
The answer to this question depends mostly upon the nature of your relationship. For most divorcing couples, it is best to file jointly if at all possible; however, not every couple going through a divorce has the ability to work together on a joint filing.
Filing bankruptcy jointly means doubling your bankruptcy exemptions, increasing the amount of property and assets that can be protected in bankruptcy and from your creditors. If you own a home and one of you intends to retain it after the divorce, you can apply for the homestead exemption and protect the equity from your creditors.
If one of you files bankruptcy prior to divorcing and the other does not, the non-filer will be responsible for all joint debt that is discharged as far as their creditors are concerned. This often causes a problem for the spouse who did not file for bankruptcy and can become an issue in the divorce. The spouse who did not file will be responsible for the formerly joint debt.
Again, there are some instances where filing bankruptcy individually can be beneficial and you should always consult with an experienced bankruptcy attorney in the early stages of the divorce. Your divorce attorneys should work together with your bankruptcy attorney to achieve the best result.
The division of assets in a divorce and the effects on bankruptcy.
If you file bankruptcy after your divorce, the division of assets in your divorce property settlement agreement will control what assets you must exempt from your bankruptcy estate. Assets that you are to receive in the future may or may not be exempt. All of your assets provided for in the property settlement agreement must be disclosed in your bankruptcy petition. Also alimony and child support will count as income for the person receiving it and will count as an expense for the person paying it.
BANKRUPTCY – UNDECIDED OR UNSURE WHAT TO DO?
Talk To Us About Your Options:
We always tell potential clients to talk to us first to see if bankruptcy is in their best interest. The consultation is always free. Talk with Attorney Robert Simonian or Attorney Anthony Bucacci in private and in total confidentiality to see if filing bankruptcy in Massachusetts is right for you.
We can almost always come up with a solution to your financial problem. We have filed over 10,000 cases in the past 26 years and there are very few scenarios that we have not seen. We are known for our hard work, diligence, creativity and problem solving abilities. Often we are the bankruptcy attorneys other attorneys come to with difficult cases. Call today to see what we can do for you and what options are available. Often people believe they are the only ones with financial problems and are embarrassed of their situation. This is simply not true and many famous people have had to file for bankruptcy to get a fresh start.
Why Call Bucacci & Simonian:
We are known as one of the best bankruptcy attorneys in Southeastern Massachusetts serving the Bristol County and Plymouth County areas. Please inquire with anyone as to our reputation. Reputation is everything and we are very proud of ours. We have received numerous awards from various agencies and courts including the Bankruptcy Court in Boston, Massachusetts.
Using our knowledge and skill we have had several clients complete their five year Chapter 13 bankruptcy plans where they own their home FREE & CLEAR OF MORTGAGES. We understand how important it is to save clients’ homes from foreclosure, keep their cars from being repossessed and stop creditors from suing them and attaching their wages or attempting to seize their assets. This can be stopped almost instantly and we make every effort to be very available to your clients and can accommodate emergency situations. One of our most famous cases involved saving a clients’s multi-family home. https://www.courtlistener.com/opinion/1863802/in-re-brizida/
What to Avoid:
Do not attempt to file for bankruptcy on your own. You can make your situation much, much worse. If the bankruptcy petition is not correct you could lose your home, your car or possessions or you could be asked to file a different kind of bankruptcy where you have to make monthly payments when it could have been avoided. If you are not properly represented a bankruptcy trustee may foreclose on your house, allow your car to be repossessed, seize a tax refund or other assets. You could file under the wrong chapter, apply the wrong exemptions, fail to file all of the necessary forms or not understand the significance of important forms.
Protect Yourself:
Call us today for a free and complete bankruptcy consultation. We can protect you from your creditors and protect your home, cars, jewelry and other assets. Creditors and collection lawyers have a job to do and it may seem that they are heartless and will take anything they can from you. They are represented and you should be too. Call us today. The Federal Bankruptcy Court indicated that seeking the advice of a qualified attorney is strongly recommended. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney
Fall River MA | New Bedford MA | Raynahm MA | Seekonk MA | Somerset MA | Swansea MA | Taunton MA | Westport MA
Car Loan Payments | Collection Agencies | Common Questions About Filing Bankruptcy | Credit Card Debt | Delinquency Notices | Eviction | Filing Chapter 7 | Filing Chapter 13 | Financial Hardship | Foreclosure | Overdue Bills | Repossession | Sheriff Sale | Student Loan Debt | Tax Liens | Wage Garnishment