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If you have filed a bankruptcy in the past and want to file again and get a discharge, what are the waiting periods that apply? This simple chart will tell you based on bankruptcy type. * Time between bankruptcy cases is computed from filing date to filing date. * These limitations only apply when...
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Bankruptcy Filings in Massachusetts–March 2012 vs. March 2013 | Infographics
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Judge Boroff of the Massachusetts Bankruptcy Court has held that an owner of a remainder interest in a home could not claim a homestead exemption. The case is on re Gordon, Case No. 11-44524 (Bankr.D.Mass August 28, 2012). In Gordon, the debtor held a remainder interest in her home. All first-year law students learn...
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Judge Hillman of the Massachusetts Bankruptcy Court days ago issued an opinion holding that a debtor could not extend his homestead to the surplus proceeds of a foreclosure sale. The court read the language of the statute quite literally: If a home that is subject to an estate of homestead is sold, whether voluntarily...
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A lot of people are nervous, frightened, terrified–you pick the word–about who will find out that they filed bankruptcy? We get asked this quite often, and here’s the answer: Bankruptcy is a court proceeding and, therefore, creates a public record. The fact that a person filed bankruptcy will be available to anyone at the...
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This is going to be a philosophical post about bankruptcy. If you’re looking for answers about anything substantive, you might try here, but what I write below is something that I have been thinking about recently. What are we to think about bankruptcy? Is it something that people get away with? When some people...
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Unlike other creditors, taxing authorities like the IRS and the Massachusetts Department of Revenue can file proofs of claim in Chapter 13 bankruptcy cases for post-petition taxes. This right comes from Section 1305 of the Bankruptcy Code, and it usually happens when a bankruptcy debtor doesn’t stay up-to-date on taxes after the filing of...
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This post isn’t about bankruptcy, but it’s about something that a lot of people who are deciding to file bankruptcy deal with. What happens after you stop paying a debt? The basic timeline of debt default goes like this (if one does nothing): 1. Stop paying debt; 2. Calls from original creditor; 3. Debt...
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In the interesting yet simple case of in re Lawrence, No. 11-42045-MSH (Bankr.D.Mass. 2012) the court confronted the following uncontested facts. On schedule C to their bankruptcy petition the Lawrences claimed an exemption in the Maine condominium, invoking the Massachusetts homestead exemption pursuant to Mass. Gen. Laws ch. 188 § 3. David M. Nickless,...
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Understandably, bankruptcy is something people like to put behind them. That’s the whole concept: a court proceeding and a fresh start. The two types of bankruptcy individuals file, Chapter 7 and Chapter 13, have different timelines. The timeline of a normal consumer Chapter 7 case: After a Chapter 7 case is filed, the court...
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