Monthly Archives: May 2013

Bankruptcy effective against plague of collection lawsuits

The Boston Globe and Washington Post reported on May 29, 2013 that debtors across the United States were facing a new wave of collection lawsuits, many of them based on questionable facts. According to the Globe article, a number of collection cases have been built on shoddy records. “Authorities in California, for instance, say JPMorgan […]

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Bankruptcy debt limits in Chapter 13 explored

A Massachusetts bankruptcy court opinion by Judge Joan Feeney in Boston (the Cunningham case on April 12, 2013) serves up a reminder that there are in fact debt limits that apply in Chapter 13 cases — and can rule out this type of relief for some debtors. The limits though, are upper limits, not minimums. […]

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Homeowner’s mortgage mess spills over into bankruptcy court

If there is one bankruptcy case that sums up the frustrations of homeowners dealing with mortgage firms and banks, it must the the one recently decided by Bankruptcy Judge Hoffman in Massachusetts. This case (In re Perra, from May 22, 2013) seemingly has it all: a homeowner who bought in the early 2000’s and financed […]

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Bankruptcy hearings can be over before the fat lady sings

A recent opinion from United States bankruptcy judge Henry Boroff in Massachusetts helps to clarify a much debated question of bankruptcy law: when is the debtor’s “meeting of creditors” really over? Each person filing a bankruptcy case is required to attend a “Meeting of creditors,” also known as a “341 meeting” after the code section […]

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Window of opporunity opens for bankruptcy debtors with tax debts

With April 15, 2013 in the rear view mirror, a new window of opportunity has opened up for people who owe back taxes for the year 2009. That’s because the required three year period from the 2009 due date (April 15, 2010) has now expired. Starting now, 2009 income taxes (both Massachusetts and federal) are […]

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Massachusetts bankruptcy cases increasingly require good service

Massachusetts bankruptcy attorneys trying to help clients mired in the mortgage mess of the last few years are increasingly turning their attention to the notion of good service. By this I don’t mean fawning over clients or judges, but simply sending (“serving” in legal lingo) important court papers to the right recipients. As a prime […]

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