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.


Common Myths About Filing Bankruptcy In Massachusetts

There are a lot of misunderstandings about filing for bankruptcy.  Credit consolidation companies can mislead people and credit card companies can mislead you so you continue paying high interest.  Many people rely on information that was true 25 years ago or from friends who have heard something from someone.  A lot of the information available on the internet is often very, very general and vague that it does not apply to over 95% of the cases and distorts the truth.

The following is a list of beliefs people have about filing bankruptcy that are SIMPLY NOT TRUE:

  • My Credit will be destroyed forever and I will never get credit again.
  • I will lose my house, my car and everything I own.
  • You can only have one automobile if you file bankruptcy.
  • If I have a car loan or a home mortgage I have to give up my car and home.
  • The whole world will know I filed for bankruptcy.
  • If you are married both husband and wife must file for bankruptcy.
  • Only bad people file for bankruptcy.
  • Filing for bankruptcy is too expensive and I can not afford a lawyer.
  • Even if I file bankruptcy I heard you have to pay everything back.
  • It is difficult to file for bankruptcy and they changed the laws to make it difficult.
  • I will never be able to own anything or have money in the bank after filing bankruptcy.
  • You can only file bankruptcy once in your lifetime.
  • You have to have some minimum amount of debt to file bankruptcy.
  • You can not discharge IRS taxes or State taxes in bankruptcy.
  • I will lose all of my future tax refunds.
  • I can be fired or lose my job if I file bankruptcy.

All of the above are common beliefs that people think are true about filing bankruptcy.  They are simply NOT TRUE.  It is important to speak to an experienced bankruptcy attorney for real answers to your questions.  It becomes very difficult to make a decision when you hear all kinds of information from unreliable sources.  We are available to accurately answer your questions and concerns anytime.

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

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