Author Archives: doug

Bill collector facing federal bankruptcy fraud charges

It’s never fun to write about other attorneys getting into serious problems, but the Boston Globe is reporting this morning that former Saugus attorney James Gregson is facing federal fraud charges relating to his own personal bankruptcy case. Prosecutors are alleging that Gregson bought the rights to winning lottery tickets, and then failed to report […]

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Baseball team on the auction block

There is no live baseball tonight, with MLB players still enjoying the All-Star break, but that doesn’t mean that there can’t be any action off the field. The Texas Rangers’ bankruptcy case has taken a couple of twists, and that could lead to the team being up for auction as soon as early August. One […]

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“My house is in foreclosure, when do I go to court?”

“My house is in foreclosure, when do I do to court?” A reasonable question, but also a trick question. If you live in Massachusetts your house can be sold at a foreclosure auction without you ever seeing the inside of a courthouse. Indeed, most are. Massachusetts has a fairly lengthy, complicated foreclosure process, but it […]

Posted in Chapter 13, Foreclosure | Comments closed

Americans’ credit scores hitting new lows

A recent survey has found that the poor economy is causing the credit ratings of individual Americans to sink to all time lows. As of late April, more than 25% of Americans have a FICO score below 599. Paradoxically, the number of people with perfect scores of 800-850(sounds like the SAT, doesn’t it? ) has […]

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NFL quarterback bankrupt

Former Jacksonville Jaguars quarterback Mark Brunell has filed for bankruptcy, according to an article by Texas law firm Allmand and Lee. It appears that Brunell has filed under Chapter 11 of the bankruptcy code, listing $5.5 million in assets and $24.7 million in debts. Brunell has earned more than $50 million in his sports career, […]

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The difference between a bankruptcy discharge and a dismissal

Dismissed and discharged. These two terms are at the opposite ends of the scale of results in bankruptcy, yet they are often confused. A debtor gets a discharge and is relieved of the legal liability for the dischargeable debts in the bankruptcy case. A dismissal means the bankruptcy case was terminated short of the discharge. […]

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Lenders are often slow to act even when you file for bankruptcy

The automatic stay is the hallmark of bankruptcy, so when the judge lifts the stay to permit a lender to foreclose, we tend to think the curtain has come down on our client as homeowner.  Well, maybe not, or at least, not yet. In some cases, the road to foreclosure seems to be a wandering […]

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Thinking about a debt relief firm instead of bankruptcy? Better read this!

If you have been thinking about doing business with one of those “debt-relief” firms that are advertising everywhere lately, you really need to read this New York Times article first: “Peddling Relief, Firms put Debtors in a Bigger Hole.” If you are looking instead for real solutions, give me a call instead (if you live […]

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Loan Modifications on Underwater Homes: just delaying the inevitable?

You’ve just spent months trying to get a loan modification on the mortgage for your house, and today you found out you got accepted into their program. Congratulations! Or maybe not. What if your house isn’t worth as much as the loan, even the modified loan? We call that being underwater. Blub. Blub. Blub. No […]

Posted in Chapter 13, Chapter 7, Foreclosure | Comments closed

How much disposable income should a debtor pay in to a Chapter 13 bankruptcy?

One of the longstanding rules of Chapter 13 of the bankruptcy code is that debtors seeking relief under this chapter must turn over all their “disposable income” — i.e., what’s left over after paying the basic bills — to a bankruptcy trustee every month for the length of their plan, which can run as long […]

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