Quoting Professor Elizabeth Warren of Harvard Law School from her book All Your Worth: “You can’t borrow your way out of debt.”
People in debt are flooded with information that tells them that they should NOT file bankruptcy but they are told to find the answer to their debt problems by refinancing, getting a [...]

What happens if a debtor in chapter 7 bankruptcy dies during the administration of the case? The simple answer is a deceased debtor can receive a discharge of debt, provided the debtor would qualify for a discharge during one’s lifetime. In other words, the case can proceed to completion and you can go to your [...]

Statutory foreclosure procedure in Massachusetts requires two weeks’ advance notice to the borrower by certified mail and two weekly classified advertisements at least one week before the foreclosure sale. The sale is considered complete when the memorandum of sale is signed at the foreclosure sale’s auction, even if the successful bidder has 30 [...]

Parents don’t realize that the credit card debts that they accumulate can hurt their children’s ability to get a college education.  People who can afford to pay their debts should not be allowed to walk away from debts because they don’t feel like paying them, but the strict rules in bankruptcy require debtors in bankruptcy [...]

One of the really cool things about restructuring your debt in Chapter 13 is the flexibility to respond to changing circumstances along the way. Most of my clients are in a Chapter 13 for four to five years, and a lot can change in that time.
Think back–when was the last time you went five years [...]

The Massachusetts Homestead Statute appears on its face to prohibit the protection of manufactured homes on a leased lot unless the owner is disabled or over 62. So ruled U.S. Bankruptcy Judge William C. Hillman in In re Kelly in 2005. It wasn’t appealed, and it was followed by U.S. Bankruptcy Judge Joel [...]

The literature on starting a business is endless; advice on going out of business scant. Here are some thoughts on what to do when you’ve made the painful decision to shut down: my checklist of tasks when ownership has decided to close a business without a bankruptcy.
If you liked that post, then try these…BLN Blogger [...]

A Missouri judge has disagreed with a Kansas colleague about how Missouri law applies to certain car loans with trade-ins. This is a blow for consumers and unsecured creditors and a win for car lenders. It will cause Chapter 13 plans to pay more to car lenders at the expense of unsecured creditors, [...]

You have lost your home to foreclosure. Surprise, here is the bill for the income tax you now owe. Maybe not, if you are one of the former homeowners saved from grief by new federal legislation. On December 20, 2007, the Mortgage Forgiveness Debt Relief Act of 2007 became law. This new law will protect [...]

All cases filed in Hampden, Hampshire, and Franklin Counties have trustee meetings at 1441 Main Street, Room 515, in Springfield. Chapter 13 cases from Berkshire County also have their trustee meetings there. Chapter 7 cases from Berkshire County are held in the first floor hearing room of the Pittsfield Courthouse.
The Chapter 13 trustee [...]