Category Archives: Chapter 13

Massachusetts lawyer doesn’t get paid in Chapter 13 bankruptcy

By doug | Published: January 17, 2013

For Massachusetts bankruptcy lawyers, a good example of how not to get paid cropped up recently with a bankruptcy appellate panel at the First Circuit Court of Appeals in Boston. In the Stone case, an attorney sought over $9,000 in attorney fees for representing married debtors in a Chapter 13 proceeding. The appeals court whacked […]

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Bankruptcy trustees must return debtor’s funds upon conversion from Chapter 13 to Chapter 7

By doug | Published: November 8, 2012

Bankruptcy lawyers representing debtors with active Chapter 13 cases that might not be doing so well should keep in mind one fundamental truth to Chapter 13 practice: upon conversion of the case to Chapter 7, the debtor (and not the trustee, court, or creditors) is entitled to a return of any funds held by the […]

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Disney timeshare not a legitimate expense in Massachusetts Chapter 13

By doug | Published: October 22, 2012

Massachusetts bankruptcy lawyers should take a close look at a recent case decided in Worcester by bankruptcy judge Melvin Hoffman as an example of what will not fly when proposing Chapter 13 plans in this district. The case involved a married couple who owned a Disney timeshare in Orlando (pictured). Their schedules indicated about $6K […]

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When consumer bankruptcy laws let you lower your car payments — and when they don’t

By doug | Published: June 11, 2012

Is it really possible that filing a bankruptcy case could reduce your car or truck loan, in addition to any other benefits? The short answer is “yes, but.” Yes, but there are many restrictions that stand in the way of a debtor that wants to try this. First off, filing a Chapter 7 case won’t […]

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Should you go into bankruptcy to cram down your car loan?

By doug | Published: April 2, 2012

Think about this scenario for a minute: Things haven’t been going well lately, and debts are pressing on you. Bankruptcy may be an option, not your first choice to be sure, but its out there, and the bills collectors have been closing in fast. You have an older car you bought a few years ago […]

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How to keep a Chapter 13 bankruptcy trustee happy

By doug | Published: January 17, 2012

If you are filing for bankruptcy, one thing you might want to keep in mind is your upcoming relationship with the trustee assigned to the case. Although debtor-trustee relationships are sometimes combative, they don’t have to be, and usually aren’t. All in all, debtors fare better, and things go smoother, when the trustee is in […]

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Lien Stripping and cramdown

By doug | Published: October 21, 2011

Here’s a little primer on Lien Stripping and Cramdown by a Massachusetts bankruptcy lawyer who has done many of these cases. If you are a homeowner and wish to restructure your debt repayment under Chapter 13 bankruptcy it may be possible to have the court discharge the second mortgage on your home through a process […]

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What chapter are we in, anyway?

By doug | Published: September 14, 2011

Talk to a bankruptcy lawyer, and it won’t be long before he’ll start spouting off about “chapters,” as if he was the deranged leader of Oprah’s book club: “First you’ve got Chapter 7, then Chapter 13, and there’s always Chapter 11, and even chapters 9, or 12 and 15 . . . ” Potential bankruptcy […]

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How long will this bankruptcy take, anyway?

By doug | Published: September 12, 2011

It’s one of the most popular questions at my office, and perhaps rightfully so: “How long does a bankruptcy take?” It’s also not really the right question to be asking, but let me explain: If someone is asking “How long does it take to get started?”, the answer is simple: usually right away. Call for […]

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A potential advantage to Chapter 13 bankruptcy

By doug | Published: July 27, 2011

One difference between filing for bankruptcy under Chapter 7 and filing under Chapter 13 concerns how the means test for the different chapters treat contributions to retirement accounts such as 401(k) and IRA plans. In Chapter 7, any contributions you make are ignored. However, in Chapter 13, contributions to a retirement plan can reduce the […]

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