Fall River - (508)673-9500

New Bedford - (508)993-6700

Taunton - (508)821-7979

Get Help Now
Connections

   

Common Questions About Filing Bankruptcy

Massachusetts Bankruptcy Lawyers Anthony Bucacci and Robert Simonian (508)673-9500

What Are The Top Ten Questions To Ask Your Bankruptcy Lawyer ?

If you are thinking about filing for bankruptcy, you will want to ask your bankruptcy lawyer a few questions. Before you make a final decision regarding your bankruptcy, it is important to get the answers you need.  Asking a knowledgeable and informed bankruptcy attorney is a good place to start.

  • What type of case will I be able to file?

There are two main chapters of consumer cases, a Chapter 13 bankruptcy and a Chapter 7 bankruptcy. Both types of cases will reduce or eliminate debt, but there are some differences.

  • How is the chapter of the bankruptcy case I file determined?

There is a complex mathematical computation that must be performed prior to a case being filed by an experienced bankruptcy attorney, and the result of this calculation determines whether you file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy.

  • What are the differences between bankruptcy chapters?

Once you know what chapter you are able to file, you will want to know how that type of case is different from the other.

  • Should I reaffirm a debt?

If you want to keep your house or your car, the lender will probably ask you to sign a reaffirmation agreement. These agreements are like new loans.   You will still be required to make payments after your case is finished.  It is very important that the consequences be explained to you for each individual case.

  • How long will my case take to be filed in court and when will my case be discharged?

Generally, once your chapter 7 case is filed the hearing will be scheduled approximately 4 weeks later and 60 days after the hearing you receive your discharge. From start to finish the whole process for a chapter 7 bankruptcy is approximately 90 days.

  • Can I file a case now if I have filed one in the past?

There are rules on how often you can file and what chapter you can file under, and if you have a previous case you need to know these rules.

  • What is the 341 hearing meeting of creditors?

This is the first time you will go to a hearing and in almost all cases is the only time as long as your attorney has prepared the case properly. We can put you at ease by letting you know exactly what will happen at this hearing.

  • How much does it cost to file a bankruptcy and do you have a payment plan?

Our costs are very competitive and considered low.  We offer payment plans to those who need it.

  • What happens if my chapter 13 case gets dismissed?

If your chapter 13 bankruptcy gets dismissed it is important to call your bankruptcy lawyer as soon as possible to discuss your options.  Delaying could limit your options.

  • Do I get to keep my property if I file bankruptcy, or do I have to return them to the lender?

In almost all cases all of your property and assets are protected and exempt.

We can provide you more details about bankruptcy so you feel comfortable with your choice to file a case.

For help getting out of debt, contact us today at 508-673-9500.  We will prepare for what comes before and after we file your case.

3 Reasons Not To File Bankruptcy

Published April 22, 2022 | By Robert S. Simonian

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:

  1. 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.
  2. 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.
  3. 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.

Posted in Swansea MA | Tagged , , , , ,

WHAT BILL COLLECTORS CAN AND CANNOT DO

Published August 26, 2021 | By Robert S. Simonian

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

Posted in Fall River MA, New Bedford MA, Raynham MA, Seekonk MA, Somerset MA, Swansea MA, Taunton MA, Westport MA | Tagged , , , , ,

Your Bankruptcy Discharge

Published August 19, 2021 | By Robert S. Simonian

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

Posted in Fall River MA, New Bedford MA, Raynham MA, Seekonk MA, Somerset MA, Swansea MA, Taunton MA, Westport MA | Tagged , , , , ,

Things to consider about Bankruptcy and Divorce

Published August 17, 2021 | By Robert S. Simonian

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

Posted in Fall River MA, New Bedford MA, Raynham MA, Seekonk MA, Somerset MA, Swansea MA, Taunton MA, Westport MA | Tagged , , , , ,

Chapter 7 Bankruptcy vs. Debt Consolidation

Published July 29, 2021 | By Anthony Bucacci

Chapter 7 Bankruptcy vs. Debt Consolidation. When is Bankruptcy Better than Debt Consolidation

In this article we’ll discuss some of the situations in which chapter 7 bankruptcy vs. debt consolidation as the best option as opposed to debt consolidation.

When is Bankruptcy Better than Debt Consolidation?

Debt consolidation doesn’t work for everyone and is usually very situation specific. If someone doesn’t have enough income to pay the loan payments in addition to their living expenses, then even if they qualify for a loan they’ll likely end up in the same situation in a short period of time afterwards. Many people need to get a fresh start and put the financial distress behind them. This can be achieved quickly through a Chapter 7 bankruptcy, which wipes all debts except a few non-dischargeable debts like taxes, child support or student loans. Debt consolidation is essentially getting a new larger loan to clear up all existing debt. This now requires you to make a larger payment to one lender. If you find yourself using your paycheck to pay the loan payment and now relying on the credit cards for living expenses such as gas and food you really did not solve the problem. In fact, you may make the problem worse by ending up with a lot more debt than when you started. A fresh start can also be achieved in a Chapter 13 bankruptcy after completion of a repayment plan that pays a smaller portion of un-secured debts and discharges most of the rest. In a Chapter 13 bankruptcy you no longer have interest and late fees so it really begins on a certain date and ends on a certain date.

If creditors are suing or threatening to sue a debtor to obtain a court judgment and begin garnishing wages or bank account funds, a debt consolidation loan will do nothing to stop those lawsuits or collection efforts until the loan goes through and those debts are paid. That can take several weeks or more. Depending on where things are in the process, the debtor may not have time to secure a consolidation loan before the judgment is entered or the garnishing begins. Often when you are at the point where you are being sued by your creditors your credit is not good enough to get a loan large enough to pay the creditors. However, a bankruptcy’s automatic stay requires all creditors to immediately stop collection efforts and court actions until the stay is lifted, the bankruptcy is discharged.

Bankruptcy has many other advantages. These options should be discussed with an experienced bankruptcy lawyer and debt management attorney before deciding on the proper course of action. Your attorney’s experience and familiarity with debt issues can save you a great deal of money, resources and valuable time.

In Massachusetts bankruptcy attorneys Robert Simonian and Anthony Bucacci can assist in identifying a workable and advantageous solution to your debt issues and help you take action towards the right resolution.

Debt Consolidation vs. Debt Management Programs

It is easy to confuse a debt consolidation loan with a debt management program. A debt management program does not eliminate your many debts. Instead, your single payment is divided among your creditors by the debt management agency, who also takes a portion of your payment. Some programs are ok, especially non-profit and government agency sponsored programs, but many private sector programs are nothing more than scams in which the management firm is the only one who gets paid and debtors often end up in worse shape than before. It is very important to consider what the proposed monthly payment is and if you can actually afford that amount. Be very careful of a company that does not ask that first because they probably do not have your best interest in mind. Many debt management companies are a little deceitful by leading you to believe they are somehow affiliated with a government agency. Often this is not true and people blindly send money to the company only to find out they are doing little or nothing for them except taking your money. Also a lot of debt settlement companies use high pressure sales tactics and do not tell you about the tax consequences of debt settlement and you will end up owing the IRS for the forgiven debts. In bankruptcy there are no tax consequences and you truly get a fresh start. With debt management you may end up not saving any money at all between their fees, the accumulating interest and the tax consequences. If you cannot meet with a person face to face it is probably not a good idea to do business with them.

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

Posted in Fall River MA, New Bedford MA, Raynham MA, Seekonk MA, Somerset MA, Swansea MA, Taunton MA, Westport MA | Tagged , , , , ,

All Debts Discharged

Published July 2, 2021 | By Harold Hecubar

Are all of the debts discharged?

Bankruptcy: not all debts discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Code specifically excepts various categories of debts from the discharge granted to individual debtors. Therefore, the debtor must still repay those debts after bankruptcy. Congress has determined that these types of debts are not dischargeable.  Public policy reasons do not allow the discharge of certain debts.  Debts incurred for drunk driving injuries to another is just one example.

Chapters 7, 11, 12,  lists 19 categories of debt excepted from discharge. A more limited list of exceptions applies to cases under chapter 13 bankruptcy.

Generally speaking, the exceptions to discharge apply automatically if the language prescribed by section 523(a) applies. The most common types of nondischargeable debts are certain types of tax claims, debts not set forth by the debtor on the lists and schedules the debtor must file with the court, debts for spousal or child support or alimony, debts for willful and malicious injuries to person or property, debts to governmental units for fines and penalties, debts for most government funded or guaranteed educational loans or benefit overpayments, debts for personal injury caused by the debtor’s operation of a motor vehicle while intoxicated, debts owed to certain tax-advantaged retirement plans, and debts for certain condominium or cooperative housing fees.

The types of debts described in sections 523(a)(2), (4), and (6).  Obligations obtained by fraud or maliciousness not automatically excepted from discharge. Creditors must ask the court to determine that these debts excepted from discharge. Discharge can apply to the debts listed in sections 523(a)(2), (4), and (6).  Only with the absence of an affirmative request by the creditor and the granting of the request by the court are all debts discharged.

A slightly broader discharge of debts is available to a debtor in a chapter 13 case than in a chapter 7 case. Debts dischargeable in a chapter 13, but not in chapter 7.  This includes debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations.  Also debts arising from property settlements in divorce or separation proceedings. Although a chapter 13 debtor generally receives a discharge only after completing all payments required by the court.  There are some limited circumstances under which the debtor may request the court to grant a “hardship discharge.”  Even though the debtor has failed to complete plan payments.

Such a discharge is available only to a certain debtors.  Failure to complete plan payments is due to circumstances beyond the debtor’s control. The scope of a chapter 13 “hardship discharge” is similar to that in a chapter 7 case. With regards to the types of debts that are excepted from the discharge. A hardship discharge also is available in chapter 12.  Failure to complete plan payments.  If due to “circumstances for which the debtor should not justly be held accountable.”

If you have specific questions please call Bucacci And Simonian at 508-673-9500 or visit our website.

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 and if all debts discharged.

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, bank accounts 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

Posted in Fall River MA, New Bedford MA, Raynham MA, Seekonk MA, Somerset MA, Swansea MA, Taunton MA, Uncategorized, Westport MA | Tagged , , , , , , , , ,

Medical Bills Can Stack Up Quickly – Is Bankruptcy the Answer

Published June 29, 2021 | By Robert S. Simonian

Medical Bills Can Stack Up Quickly - Is Bankruptcy the AnswerWith everything that is going on, many people are concerned about their health and on going cost of prescriptions. One’s medical bills can cause great concern and keeping up with them can be a real challenge and finical concern. The question many have is “what can I do?”

Filing Bankruptcy is one possible option and many people are not sure what will happen to their assets and property if they decide to choose that course of action. If you decide to pursue the options, both pro and con, of filing Bankruptcy you may be surprised.

Will I be able to keep my house if I file Bankruptcy because of overdue Medical Bills ?

Will I be able to keep my car if I file Bankruptcy because of overdue Medical Bills ?

How will this impact my credit score?

People have many questions about Bankruptcy and really have no solid clue about the process and options on doing so. We are here to go over all the options you have regarding filing your Bankruptcy.

When filing Bankruptcy it is best to work with someone that can explain what options you have and what may be best in your particular situation. This is what we do when preparing to file your claim.

Medical bills are, sadly, often unforeseen and can add up quickly and filing Bankruptcy may just be the answer.

Speaking with a Bankruptcy Attorney and going over your situation to find out what options you may have is always a good idea. After all, you will what to know what options you have to eliminate the stress and concern you have regarding any outstanding debt you may have.

Meeting with a Bankruptcy Lawyer is not an admission of guilt or fault. After all, we are hear to help in every way we can to get you back on track with a fresh start.

The process of filing Bankruptcy is not the same for every person, each situation is unique.

If you find yourself in an uncomfortable position and are over whelmed with outstanding medical bills? You should seek professional advise.

We are here to help and get you back on track, give us a call 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 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

Posted in Fall River MA | Tagged , , , , ,

Protect Your Assets in Bankruptcy

Published June 23, 2021 | By Robert S. Simonian

You can protect your assets in bankruptcy.  Sometimes it is tempting for a debtor in bankruptcy to hide assets from the bankruptcy trustee and court.  This means not including them in the schedule of assets or schedule of exemptions and not telling the trustee about them. This is usually when an asset is important to a debtor. It may be because they think nobody knows about it and think they can hide it from the bankruptcy trustee.

Chapter 7 bankruptcy filers tempted to leave out assets of the bankruptcy schedules should reconsider. A requirement is full disclosure.  Listing all property is a requirement.  You must swear to this.  Also they must take an oath at the meeting of creditors. If you haven’t disclosed all of your assets you will commit perjury.

Maintaining The Assets You Have

Penalties for committing perjury include time in prison and or fines. Also, the bankruptcy trustee will seize the asset and liquidate it to pay your creditors. Amending the schedule of exemptions to apply exemptions toward the concealed assets is not likely if you purposely did not disclose the asset.  It is never advisable to hide an asset.

Telling the bankruptcy court that you told your attorney about the asset but the attorney said it didn’t have to be listed usually does not work.  It usually does not work to say the lawyer forgot to list the asset. You must read and sign a disclosure.  This states that you are aware that it is illegal to hide or not disclose assets.  Attorneys should review the bankruptcy petition with you to make sure all assets are listed.

Bankruptcy debtors do not have the right to dismiss their bankruptcy case because they don’t want to complete the process. Once bankruptcy proceedings have begun, the debtor must show good cause for dismissing the case. Trustees that find concealed assets are not likely to dismiss a case.

Asset Exemptions

The only legal way to protect assets in bankruptcy from Chapter 7 bankruptcy liquidation is to apply one of the many available exemptions toward the asset. State and federal law allow bankruptcy debtors to keep certain types and quantities of assets after a Chapter 7 bankruptcy.

There are a number of exemptions in under Massachusetts bankruptcy law to protect your property and assets.  The bankruptcy exemptions are generous and very rarely does anyone lose property.

Use of bankruptcy exemptions allows an experienced bankruptcy attorney to protect all of your assets.  Almost all cases have property that is fully protected.  The bankruptcy exemptions are generally very generous and are enough to protect people’s assets in most cases.  Chapter 13 bankruptcy protects assets not protected in chapter 7.  This allows one to keep the asset.

If you’re considering filing for Chapter 7 bankruptcy call a bankruptcy lawyer.  Let an experienced bankruptcy attorney help you identify legal strategies for keeping those assets. In Massachusetts bankruptcy attorney Robert Simonian and bankruptcy Anthony Bucacci can help you keep your assets.  We can resolve their debt and insolvency issues in Chapter 7 bankruptcy. Call Bucacci & Simonian at 508-673-9500 or visit our website at www.massbklaw.com

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

Posted in Fall River MA, New Bedford MA, Raynham MA, Seekonk MA, Somerset MA, Swansea MA, Taunton MA, Westport MA | Tagged , , ,

Massachusetts Bankruptcy Hearing

Published June 9, 2021 | By Robert S. Simonian

You most likely will be asked the following questions by the Bankruptcy Trustee at your Massachusetts Bankruptcy Hearing creditors’ meeting:

  1. State your name
  2. Address where you reside
  3. If you own or rent the property where you reside
  4. You will be shown a document you have signed and you will be asked whether the signature is yours.
  5. You will be asked for a photo ID such as a driver’s license or passport or any government identification and another with your name and social security number on it, such as a medicare card, social security card or W-2 form. You may not use a tax return to prove your social security number.
  6. Have you read the bankruptcy petition and schedules and is everything contained in it true and accurate?
  7. Have you owned any real estate in the past 4 years?
  8. Why did you file bankruptcy? You may be asked why or how you accumulated the debt. The must usual answers are medical issues, loss of a job, loss of income, birth of a child, divorce, or simply an accumulation of debt that you simply can not pay anymore.
  9. Do you presently own any real estate? Has anybody put your name on their home like a parent or child or relative?
  10. You will be shown Schedule B of your petition and asked if the items listed represent all your assets, and if you have any other assets you forgot to list or would like to add.
  11. Does anyone owe you money?
  12. Do you have any personal injury claims or other claims that you could bring against anyone?
  13. Have you injured yourself in an accident in the past 3 years or have you consulted an attorney for any other reason other than bankruptcy in the last 3 years?
  14. Where do you work and do you have income from other sources?
  15. How much do you take home from your job every pay period?
  16. You will be asked about your income whether you receive Disability, Social Security, Workman’s’ compensation and how much.
  17. Will you receive and inheritance from a will or trust in the next 6 months or have you inherited anything in the recent past?
  18. If you have listed any secured debt such as a car loan or a mortgage you may be asked if you are going to keep the car or house.
  19. Did you receive an income tax refund? How much did you receive or will you receive?
  20. Have you given away anything worth $1,000.00 or more to anyone in the past 2 years?
  21. Have you given any money to family members or friends in the last year or repaid any loans to family or friends?

The above is a list of the most common but not necessarily all the questions that will be asked at Massachusetts Bankruptcy Hearing. The most important advice is to answer all questions truthfully, honestly, completely and briefly.

The hearing will be conducted by a lawyer acting as a Trustee on behalf of your creditors.  As your bankruptcy attorney, I will be in sitting with you and you will not be alone as it is usually the most important step in the process.  There are some very informative videos about the entire bankruptcy process.

There usually are no creditors present and the entire matter will take no longer than 5 minutes or so.  We try to send any and all information that would be needed ahead of time so that your hearing goes quickly and smoothly.

Here is a video of a typical bankruptcy hearing:

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.  We can prepare you for your Massachusetts bankruptcy hearing

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 at you Massachusetts bankruptcy hearing 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

Posted in Seekonk MA | Tagged , , , , , ,

Top 10 Questions to Ask Your Bankruptcy Attorney

Published June 7, 2021 | By Robert S. Simonian

What Are The Top 10 Questions To Ask Your Bankruptcy Lawyer ?

If you are thinking about filing for bankruptcy, you will want to ask your bankruptcy lawyer a few questions. Before you make a final decision regarding your bankruptcy, it is important to get the answers you need.  Asking a knowledgeable and informed bankruptcy attorney is a good place to start. The top 10 questions to ask your bankruptcy lawyer are listed below.

  • What type of case will I be able to file?

There are two main chapters of consumer cases, a Chapter 13 bankruptcy and a Chapter 7 bankruptcy. Both types of cases will reduce or eliminate debt, but there are some differences.  This is the first of the top ten questions to ask your bankruptcy lawyer.

  • How is the chapter of the bankruptcy case I file determined?

There is a complex mathematical computation that must be performed prior to a case being filed by an experienced bankruptcy attorney, and the result of this calculation determines whether you file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy.

  • What are the differences between bankruptcy chapters?

Once you know what chapter you are able to file, you will want to know how that type of case is different from the other.

  • Should I reaffirm a debt?

If you want to keep your house or your car, the lender will probably ask you to sign a reaffirmation agreement. These agreements are like new loans.   You will still be required to make payments after your case is finished.  It is very important that the consequences be explained to you for each individual case.

  • How long will my case take to be filed in court and when will my case be discharged?

Generally, once your chapter 7 case is filed the hearing will be scheduled approximately 4 weeks later and 60 days after the hearing you receive your discharge. From start to finish the whole process for a chapter 7 bankruptcy is approximately 90 days.

  • Can I file a case now if I have filed one in the past?

There are rules on how often you can file and what chapter you can file under, and if you have a previous case you need to know these rules.

  • What is the 341 hearing meeting of creditors?

This is the first time you will go to a hearing and in almost all cases is the only time as long as your attorney has prepared the case properly. We can put you at ease by letting you know exactly what will happen at this hearing.

  • How much does it cost to file a bankruptcy and do you have a payment plan?

Our costs are very competitive and considered low.  We offer payment plans to those who need it.

  • What happens if my chapter 13 case gets dismissed?

If your chapter 13 bankruptcy gets dismissed it is important to call your bankruptcy lawyer as soon as possible to discuss your options.  Delaying could limit your options.

  • Do I get to keep my property if I file bankruptcy, or do I have to return them to the lender?

In almost all cases all of your property and assets are protected and exempt.

We can provide you more details about bankruptcy so you feel comfortable with your choice to file a case.

For help getting out of debt, contact us today at 508-673-9500.  We will prepare for what comes before and after we file your case.

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

Posted in Swansea MA | Tagged , , , , , ,
1 2