Category: Chapter 13

Bankruptcy or Debt Consolidation?

You may have seen or heard commercials on the TV or radio touting debt consolidation through one of many for profit companies as a desirable alternative to filing for bankruptcy.  However, what these companies will not tell you, is that…

Stopping Foreclosure with Bankruptcy

If you fall behind on your mortgage payments, and the lender has accelerated the loan and begun foreclosure proceedings, a Chapter 13 bankruptcy is often the only realistic way to save your home from foreclosure. Unless you can come up…

Chart of Time Between Bankruptcy Cases

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…

Bankruptcy: The Great Financial Mercy

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…

The IRS and Plan-Busting Tax Claims

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…

How Long Does a Bankruptcy Case Last?

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…

Can a Second Mortgage Foreclose on my Home?

In theory, the answer is, yes. A junior mortgage, such as a HELOC or other second or third mortgage, can foreclose in Massachusetts.  There are additional procedures for the foreclosure of junior (second, third, etc.) mortgages that are different than…