Author Archives: doug

Student loan debtors need not go begging, and need not avoid bankruptcy either

By doug | Published: January 26, 2011

If you have been looking into bankruptcy, and have a lot of student loan debt, you probably have discovered that it isn’t easy to wipe out these loans in bankruptcy court. Eliminating a student loan requires filing an adversary proceeding (a fancy name for a lawsuit) in addition to the basic bankruptcy case, and then […]

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Do you have more creditors than you think?

By doug | Published: January 24, 2011

Quite a few of the people who come in to my office for bankruptcy consultations are under the impressions that their list of creditors is comprised primarily — or entirely — of the major credit card companies and department stores where they have accounts. If you are thinking of filing a bankruptcy case, don’t forget […]

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Cars and bankruptcy

By doug | Published: January 24, 2011

The recent Supreme Court decision in the Ransom case got a lot of bankruptcy academics interested again in the subject of how the Bankruptcy Code treats debtors with automobiles and trucks (which is pretty much all of them). It also may have some debtors nervous about how they (and their rides) will be treated if […]

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Wife can’t sue husband’s bankruptcy lawyer

By doug | Published: January 21, 2011

With two weeks of the new year behind us, its time to take a look at the first of the 2011 bankruptcy opinions from our local judges. In a bit of an odd case (is this an omen for the year ahead?) from Western Massachusetts, bankruptcy judge Henry J. Boroff ruled that a non-filing wife […]

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What drives bankruptcy filings: Credit cards or foreclosures?

By doug | Published: January 20, 2011

The final figures for 2010 are in, and the number of residential foreclosures in Massachusetts, no surprise, was sharply higher. All told, 12,233 Massachusetts homeowners lost properties to bank seizure, nearly 32 percent more than in 2009, according to the Warren Group, which tracks real estate trends. As bad as that sounds, do you think […]

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Massachusetts legislature getting proactive on problem foreclosures

By doug | Published: January 19, 2011

Well, 2011 is certainly getting off to a bang in the Massachusetts bankruptcy and foreclosure arena. While bankruptcy is a federal matter, much of the action is on the state government side, as legislators on Beacon Hill are getting ready to introduce a slew of bills that will affect bankruptcy debtors. First up is Secretary […]

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Worried about your debts? Just be thankful you’re not a lawyer!

By doug | Published: January 18, 2011

You think you have it bad? Something like this? “I don’t open the e-mail alerts with my credit score,” he adds. “I can’t look at my credit score any more.” But that’s not one of my bankruptcy clients talking — its a newly minted law school graduate. He’s only 27 years old, but has $250,000 […]

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Worried about your debts? Here is some help for worriers

By doug | Published: January 15, 2011

It should be no surprise that people considering bankruptcy are often beset with worry over their debts. And of course, the debt collection agencies play in to those fears, and do their best to fan the flames. But worry need not consume anyone’s life. Here is some good practical advice from the Positivity Blog on […]

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Hidden gem buried in Supreme Court bankruptcy decision

By doug | Published: January 14, 2011

The Supreme Court’s decision in the Ransom case, where the court said that only debtors who actually pay car loans can take a means test deduction for “vehicle ownership expenses,” at first looks like a loss for the consumer debtor, and it is. But read on, and you may find that the Supreme Court has […]

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Supreme Court deals bankruptcy debtors a blow on vehicle expenses

By doug | Published: January 13, 2011

The Supreme Court issued a long awaited bankruptcy ruling on January 12th, but the result wasn’t very consumer friendly. The Court limited the number of deductions that high income debtors can take on the means test, which “tests” them to see if they qualify for Chapter 7. For above-average income debtors, the bankruptcy code allows […]

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