- DivorceAlthough we concentrate primarily in bankruptcy law, we also provide most other legal services including divorce and family law, personal injury, automobile accident cases, wills, trusts and estates, powers of attorney, health care proxy, living wills, preparation of deeds and homesteads, criminal matters, civil matters, small claims, business law, and the general practice of law. If you need legal services that we are not able to provide, we will gladly refer you to an attorney who can help you.
- Child SupportWhether the court will wipe out a balance that existed before the bankruptcy filing will depend on whether the obligation qualifies for a discharge. For instance, a utility balance predating the bankruptcy will likely get wiped out because most utility bills are dischargeable. By contrast, child support arrearages aren’t dischargeable, so you’ll continue to owe any outstanding arrearages after the case.
- Spousal Support4. More debts can be discharged in a chapter 13 bankruptcy as opposed to a chapter 7 bankruptcy such as alimony and divorce payments and money owed for malicious and willful acts.
- Criminal Defense
- DUI/DWIBankruptcy: not all debts discharged. The debts discharged vary under each chapter of the Bankruptcy Code. Section 523(a) of the Code specifically excepts various categories of debts from the discharge granted to individual debtors. Therefore, the debtor must still repay those debts after bankruptcy. Congress has determined that these types of debts are not dischargeable. Public policy reasons do not allow the discharge of certain debts. Debts incurred for drunk driving injuries to another is just one example.
- FraudThe amounts are valid for three years as of April 1, 2019. (11 U.S.C. § 523(a)(2)(C)(i)(l).) Learn why it’s not a good idea to use credit cards before filing for bankruptcy and about other types of bankruptcy fraud.
- Theft
- Identity TheftYou’re being harassed by debt collectors even though you do not owe the debt. Creditors do make mistakes and they probably do so much more often than you think. If you believe that a bill was sent to you by mistake, you should definitely fight it. Perhaps you have already made payment but it was not credited to your account, or maybe you’re the victim of identity theft, which is becoming more and more common or it is possible that the creditor simply has the wrong person with the same or similar name.
- Restraining OrderYes, when you file bankruptcy the Federal Law imposes an "automatic stay" which is similar to a restraining order against your creditors and immediately stops your creditors from starting or continuing any legal action to collect debts from you. This includes court judgments, lawsuits, foreclosures, automobile repossessions and wage attachments against you.
- Business Disputes
- Personal InjuryAs a general rule, the discharge releases the debtor from all debts provided for by the plan or disallowed, with the exception of certain debts referenced in 11 U.S.C. § 1328. Debts not discharged in chapter 13 include certain long term obligations (such as a home mortgage), debts for alimony or child support, certain taxes, debts for most government funded or guaranteed educational loans or benefit overpayments, debts arising from death or personal injury caused by driving while intoxicated or under the influence of drugs, and debts for restitution or a criminal fine included in a sentence on the debtor’s conviction of a crime. To the extent that they are not fully paid under the chapter 13 plan, the debtor will still be responsible for these debts after the bankruptcy case has concluded. Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for restitution or damages awarded in a civil case for willful or malicious actions by the debtor that cause personal injury or death to a person will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. §§ 1328, 523(c); Fed. R. Bankr. P. 4007(c).
- Estate Planning
- Wills
- Trusts
- Power of Attorney
- BankruptcyMost people incur student loan debt with the best of intentions and highest hopes however, if you can not find work in your field or do not find the job or income level that you had hoped for, repayment of those student loans may become difficult or maybe impossible when they become due. The collection calls and wage garnishments start making it more difficult for you to concentrate on finding your first job in your field or focusing on advancing yourself in your present career. It can quickly put you in a rut where you feel trapped and hopeless. Chapter 13 Bankruptcy may be an option when it comes to managing student loan debts.
- ForeclosureThe next step would be to meet with you for a free bankruptcy attorney consultation. At this time we will try to determine your goals in filing for bankruptcy, whether it is simply to get out from under oppressive debt or to save your home from foreclosure or a combination of both. Basically, we, as an objective bankruptcy lawyer, want to find out how to best get you a fresh, new start financially in life.
- Debt CollectionBill collectors can be very persistent while trying to collect money, as you may know. However, people may not know that The Fair Debt Collection Practices Act extends substantial protection to people from collectors by making certain practices illegal in Massachusetts and the rest of the United States. Learn what bill collectors can and cannot do.