Monthly Archives: March 2012

Should you file for bankruptcy while you are unemployed?

By doug | Published: March 22, 2012

If you have lost your job and are collecting unemployment, is this a good time to file a bankruptcy case to eliminate the debts? A long time ago when I was starting as a lawyer, it was unusual to see unemployed folks filing cases. It costs some money to file, of course, and that money […]

Posted in Means Test, Practical tips | Comments closed

Massachusetts church uses bankruptcy laws to stave off foreclosure

By doug | Published: March 21, 2012

The congregation of Roxbury’s Charles Street African Methodist Episcopal Church has authorized its leaders to file a Chapter 11 bankruptcy petition in order to stop foreclosure proceedings scheduled for later in the week. One of the leading churches in Boston’s black community, they need to use the bankruptcy law to try to restructure a balloon […]

Posted in Bankruptcy News, Foreclosure | Comments closed

More problems with homes, trusts, Massachusetts homesteads, and bankruptcy

By doug | Published: March 16, 2012

Right after writing about the Stallworth case and the dangers of putting houses into trusts before filing a bankruptcy case — and telling the story of a Massachusetts man who lost a lot of home equity in bankruptcy court that way — there comes another Massachusetts bankruptcy case involving, you guessed it, trusts and the […]

Posted in Bankruptcy News, Exemptions, Real estate | Comments closed

Sharp eyed bankruptcy trustee invalidates a recorded mortgage

By doug | Published: March 15, 2012

A recent dispute between a bankruptcy trustee and Citi Mortgage that went to bankruptcy court in Boston shows just how sloppy the mortgage industry got during the heady days of the real estate boom in the mid-2000s. Bankruptcy trustee Marc DiGiacomo filed a motion to eliminate a mortgage on a debtor’s home because it wasn’t […]

Posted in Real estate, Secured loans | Comments closed

Electronic filing and the bankruptcy courts: you better know what you’re doing!

By doug | Published: March 14, 2012

Since 2003, the bankruptcy courts in Massachusetts and New Hampshire have required cases to be filed over the internet using the court’s own “Case Management / Electronic Case Filing” system. CM/ECF, as its known, was adopted a little earlier in some other states, and a bit later in others. Nowadays, it is in use coast-to-coast […]

Posted in Practical tips | Comments closed

Selling a house while you are in bankruptcy

By doug | Published: March 13, 2012

What happens if you file a bankruptcy case, and then afterwards suddenly find the perfect buyer (i.e. one who can get financing and will actually go through with the purchase) for your home? A lot will depend on what chapter your case is filed under. If its a Chapter 7, like the majority of cases, […]

Posted in Practical tips, Real estate, The Bankruptcy Code | Comments closed

Gimme shelter: finding a place to live after filing a bankruptcy case

By doug | Published: March 12, 2012

The advantages of filing for bankruptcy — a clean slate, no more annoying debt collectors or court appearances — would be worthless if bankruptcy meant you ended up sleeping in a gutter. Fortunately, that sort of ending is virtually unheard of. There are so many people filing recently in the Merrimack Valley that any stigma […]

Posted in Practical tips, Real estate | Comments closed

Snafu with bankruptcy costs Massachusetts debtor his home equity

By doug | Published: March 9, 2012

Massachusetts has a generous homestead exemption, which comes in handy when a homeowner needs to file a bankruptcy case. Typically, up to $500,000 can be declared “exempt,” bankruptcy lingo for “untouchable by the bankruptcy court or trustee.” But there are always exceptions, and one South Shore homeowner who filed bankruptcy in 2009 just found out […]

Posted in Bankruptcy News, Exemptions, Real estate | Comments closed

Massachusetts debt collection has its limits

By doug | Published: March 8, 2012

Did you know that in Massachusetts, debt collectors are not allowed to make unlimited phone calls in order to collect on a past due bill? Under regulations put out by the Massachusetts Division of Banks, third party debt collection firms can only call you two times in a seven day period on your home phone. […]

Posted in Credit cards, Practical tips | Comments closed

More cheap bankruptcy courses — take the “second course” for $11

By doug | Published: March 2, 2012

Consumers filing bankruptcy cases need to take two courses before they can get a discharge. Lately the price of these courses, which are given by various “non-profit” firms has been dropping; so long as the quality of customer service stays the same (or at least is tolerable), the consumer debtor benefits. A little while ago […]

Posted in Practical tips | Comments closed
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