Earlier I posted about how long a foreclosure takes in Massachusetts.  Eviction does not automatically follow.  You may still have some time before being evicted, even though your ownership rights have already ended.
It usually takes up to one month before the successful buyer at the auction actually takes ownership.  It may be shorter, especially if [...]

An unrecorded mortgage is enforceable against the borrower’s home, but not if another creditor gets a lien on the property before the mortgage is recorded.  Since bankruptcy trustees have the powers of a lien holder on all a debtor’s property, the unrecorded mortgage is not enforceable against the trustee. 
It gets worse.  The trustee can step [...]

You have a claim against someone of an unknown amount, perhaps from a car accident.  What’s the best way to protect it?  The First Circuit Court of Appeals just gave us some guidance.   
The case is called Barroso-Herrans v. Lugo-Mender (In re Barroso-Herrans), 2008 U.S.App. LEXIS 9729.  The debtor had pending lawsuits which were valued at [...]

We have a new law in Massachusetts that extends the duration of the foreclosure process.
Day 1: 90 Day Notice of Acceleration is sent. (Formerly 30 days.) This means that the entire mortgage debt will be due in 90 days if you do not become current with your payments. (A Chapter 13 [...]

She didn’t want to totally destroy her credit, so she didn’t list five credit cards with small balances. Sound familiar? Perhaps you’ve had this thought.
Bankruptcy papers are signed under penalties of perjury, and are the same as live testimony in court. If you knowingly leave something off, you’ve lied and your bankruptcy [...]

The purpose of the Massachusetts homestead is to protect families, not just debtors.  It should come as no surprise that a home remains protected if a child occupies the home even if the parent-debtor has moved out.  The parties in In re Thompson, 2008 Bankr. LEXIS 1199 all overlooked this point and argued about whether the debtor’s absence [...]

Seems obvious, yes?  Not to everyone.  Use of a charge card without the intent to repay is fraud, whether charging a purchase, or making a cash advance, or using a convenience check.
If the bankruptcy need is immediate, ask your attorney about a Chapter 13 filing with an affordable retainer and monthly payments.  You avoid fraud.  You avoid [...]

Repeat after me: “Bankruptcy stops collection lawsuits. Bankruptcy stops collection judgments.” Now, go write this on the blackboard 100 times.
Bankruptcy is a federal right, direct from the U.S. Constitution. Collection lawsuits are state law and they lose out to the superior federal law.
If anyone tells you otherwise, please PLEASE immediately write [...]

You can still file bankruptcy on a charged-off debt.  Any statement otherwise violates federal law and can put money in your pocket.  Please, PLEASE, immediately write down all details of the call and contact your attorney. 
I must repeat the February 15, 2007 post of my colleague, Susanne Robicsek.  A charge-off is a creditor’s accounting entry [...]

Decisions nationwide are all across the board on whether one should use the IRS-allowed expenses or actual expenses in calculating the Means Test.  A recent decision in Massachusetts made one ruling, on one test, in one set of circumstances, and expressly excluded application to other situations. 
In a Chapter 13 case, a debtor meets Chapter 13’s [...]