Bankruptcy Law Firm | Nashawaty & Rand | (781) 514-5450

The Call Is Free To Talk To A Lawyer Serving Boston & South Shore. 25+ Years Experience. Free Consultation. Ready To Serve You When and Where You Need the Most Help. Consumer Services. Timely & Cost-Effective. Services: Chapter 7, Chapter 13, Debt Settlement. And more !

Bankruptcy Boston Lawyer

Practice Areas: Bankruptcy Attorney, Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Real Estate Lawyer, Divorce Lawyer, Family Law Attorney

Bankruptcy Lawyers in Braintree MA

Call Now for a Free Consultation

We offer free initial consultations. To schedule yours, call our office at 781-848-8545. You may also contact us online. We can arrange evening and weekend appointments to accommodate your schedule.

You may not get that, but in some cases, bankruptcy can mean Freedom ! Credit card companies and collection agencies can hound you for cash, but they already have enough cash. In the process, they also cause you stress and can damage your credit for life.

If you’re trying to pay your bills or have to decide between paying a bill and paying your mortgage, call Nashawaty & Rand. We’re dedicated to serving the citizens of  Braintree MA, Boston MA, Quincy MA, Weymouth MA, Milton MA, Brookline MA, Dedham MA, Norwood MA, Newton MA, Cambridge MA, Somerville MA, Medford MA, Brockton MA, Franklin MA, Norfolk County MA and we are all set to listen to you and prepare a plan of action for you debt free. Do not wait. Pick the phone up today!

Our Hardworking Attorneys Have Been Helping Businesses and Families Through Bankruptcy for Over 25 Years

READY TO GET STARTED?

If you are seeking help with a financial crisis or disabling injury, we are here to listen. We want to provide you with the support and guidance that will maximize your rights under the law. Contact us now, and we promise to listen carefully to your story and give you the best legal service possible.

The Bankruptcy Law Firm of Nashawaty & Rand Protects the Rights of Residents and Small Businesses in the Greater Boston, Massachusetts Area

We use the effective bankruptcy codes and related federal and state statutes during proceedings and are well versed in all things associated with bankruptcy law. With 25 years of experience, we take time to give personalized attention to every bankruptcy case. We use the common sense approach and aggressively pursue outstanding results for our Chapter 7 bankruptcy and Chapter 13 bankruptcy cases.

Nashawaty & Rand have devoted their careers to helping clients obtain the maximum debt relief available in the following types of cases:

Chapter 7 Bankruptcy, This type of bankruptcy, eliminates all credit card debt, medical bills, and unsecured loans, and can also be used in cases with mortgages and car loans that the individual can no longer afford.

Chapter 13 Bankruptcy, This type of bankruptcy, is used to save a home from mortgage foreclosure and repays past-due mortgage payments and other debt including taxes, over some time, typically in manageable monthly payments. This chapter also allows for stripping off of second mortgages and avoiding foreclosure.

Second Mortgage Stripping If you have a second mortgage or home equity loan and the total amount due on your first mortgage (including arrearages) exceeds the value of your home, you can obtain a discharge of the second mortgage/home equity loan through a Chapter 13 Plan.

Foreclosure Avoidance A foreclosing bank is stopped in its tracks upon the filing of a bankruptcy.  A Chapter 13 filing that provides for curing the mortgage arrearage over the plan period allows you to keep your home by making regular mortgage payments going forward, plus your Chapter 13 Plan payment.

Student Loan Debt Student loans are not dischargeable in bankruptcy unless their payment would constitute “under hardship” on the Debtor. Contact a professional at Nashawaty & Rand to discuss the available options to avoid aggressive collection tactics such as wage garnishment or execution on judgments by selling assets.

Why Choose Nashawaty & Rand?

Nashawaty & Rand serves residents from the South Shore (Braintree, Weymouth, Milton, Quincy, Randolph, etc.), Greater Boston (Boston, South Boston, Dorchester, Mattapan, etc.), and many other towns and cities across Massachusetts making it convenient for individuals in many areas to utilize our professional legal services. We understand that you have many options available when choosing a bankruptcy attorney; however, selecting the right one will only help to increase your chances of success.

Bankruptcy Boston Lawyer Consultation

Bankruptcy is not the end of the world. It’s a beginning!

You aren’t alone on your financial distress!

A number of our customers feel about filing a bankruptcy case angry or afraid. Please note that there is no reason to feel it means you are a failure or to have feelings of submitting. Very likely you’ve got friends, neighbors and coworkers have registered, and you just don’t know about it. Additionally, many people and companies have gone bankrupt including:

Bankruptcy is intended to supply you with a”fresh start” on your budget. There’s absolutely no reason particularly if you use it as an opportunity to provide potential happiness and security. All these folks went bankrupt, yet all of them went on to achieve success. So remember that while your fiscal problems are serious, they aren’t the end of the planet. Bankruptcy is the beginning of your world in freedom.

You Do Not Need To Be Broke To File For Bankruptcy
As of the date, your bankruptcy case is filed, you can be employed, have a bank account and get land. When there are some limitations on how much debt you can consume and still file under chapter 13, the other chapters have no limitations. To file you will need to be in fiscal distress. “Financial distress” can result from a lot of things, like illness (physical or mental) or job loss – Quite simply, any thing which makes it difficult or impossible to pay your invoices. Many of our customers come to us after they have been laid off from the job and gotten a job but got behind on the mortgage while still jobless. Frequently the mortgagee won’t accept obligations as soon as you’ve got a couple of months behind, even if now you can pay, so filing a chapter 13 case might be the only way to stop foreclosure – because the lender won’t cooperate!

There’s No Minimum Amount Of Debt Required For Bankruptcy
Bankruptcy is designed for those that cannot settle their debts – it isn’t designed for individuals who owe amounts that were minimum. There are many men and women who file for bankruptcy du to others who do not need to apply for bankruptcy although they owe a massive quantity of money, very little money. The decision should be based on your ability to pay your debts these debts are.

There’s Credit After Bankruptcy!
Many men and women worry about having the ability to get credit. The first point to bear in mind is that it likely was”charge” that got you into trouble in the first place. Because of this, it is a bad idea to start searching for credit – learn to live with cash. Utilizing credit is a justification for avoiding considering how cash is used by them and not to have a realistic budget. It’s correct, however, that the negative effect of insolvency on credit is extremely exaggerated. You will probably get offers for credit cards rather soon after your bankruptcy case is over. The ideal thing to do would be to refuse all offers of credit cards until you’ve put together a budget and savings plan. Once you’ve set a savings strategy into place and begin to develop your”cash cushion,” you’ll be able to begin thinking about fresh credit and could even find out that you don’t need a charge – that debit card works just fine. You will probably be happy if you would like to buy a home or an automobile after bankruptcy. We have had many customers buy a home fairly shortly after their case is finished, but that only happens if they’ve taken the steps required to establish their financial stability.

Your Employer or Neighbors Probably Will Not Find Out On Your Divorce
The Bankruptcy Court tell anybody else about your situation, unless they’re called in your bankruptcy documents, or does not get in contact with your employer as soon as your case is registered. At times it is better to give notice of this case, since that makes sure your debt is discharged, and it can help protect you from collection attempts that are illegal, therefore give notice, and it is much better to be cautious. Keep in mind anyone can check out them and that everyone the papers we filed in the bankruptcy court are public records.

Your Spouse Doesn’t Need To File For Bankruptcy With You
Frequently a married couple will file one petition together (known as a”joint” request ), but that is not required. The decision to file together or separately relies on the nature of the debts. Because the automatic stay protects co-signers on debts, 17, this is very true in Chapter 13. Note that”wed” could be defined by national law, not state law, particularly in Massachusetts because Massachusetts currently permits same-sex couples to marry; as yet, it hasn’t been decided whether a same-sex bunch in Massachusetts can file a joint request.

Your Immigration Status Is Not Likely To Be Performed By Bankruptcy
We know of no reason why your immigration status could affect provided that you are truthful, while this office is not proficient in immigration law.

Call us at 781-848-8545 to get the quality legal advice you need and deserve for your Chapter 7 bankruptcy or Chapter 13 bankruptcy proceedings. Don’t wait to take this important step in finding legal assistance. We are waiting for your call. Schedule a free consultation today!

Bankruptcy

Learn about the different kinds of bankruptcy filings.
The Bankruptcy Code’s conditions are complicated. It’s a good idea for businesses and people to check with an attorney. Bankruptcy, or more specifically, an instance that is filed under among those chapters of title 11 of the United States Code (the Bankruptcy Code), is a legal process for dealing with debt problems of individuals and companies.

If a person or a company is having financial trouble and is unable to pay present debts, the individual or business may file for bankruptcy in the United States Bankruptcy Court. The Office of the U.S. Trustee is charged with overseeing the administrative elements of the bankruptcy procedure.

For complete information on the bankruptcy filing, proceedings and fees, visit the United States Bankruptcy Court, District of Massachusetts website or contact them at:

United States Bankruptcy Court for the District of Massachusetts

Massachusetts Bankruptcy Law

United States Bankruptcy Court
John W. McCormack Post Office and Court House
5 Post Office Square, Suite 1150
Boston, MA 02109-3945
617-565-8950

United States Bankruptcy Court
Harold Donohue Federal Courthouse
595 Main Street, Room 211
Worcester, Massachusetts 01608-2076
508-770-8900

United States Bankruptcy Court
United States Courthouse
300 State Street
Springfield, MA 01105
413-785-6900

Types of bankruptcy filings

Chapter 7: Liquidation
Chapter 7 is intended for businesses and individuals experiencing financial difficulty which cannot pay their existing debts. Under Chapter 7 a trustee takes possession of all of your property. You will claim certain property as exempt under governing law. A bankruptcy trustee uses the profits to pay your creditors according to a distribution scheme and then liquidates all property.

The aim of filing a Chapter 7 case is to obtain a discharge of your debts. There is A bankruptcy discharge a court order releasing you from liability for various kinds of debts. Your discharge may be refused by the court and the purpose for if, however, you’re found to have committed certain kinds of improper conduct described in the Bankruptcy Code.

There are, even if you receive a discharge. These include specific types of taxes, student loans, alimony and child support obligations, debts for willful and malicious injury to a person or property, and debts. Generally speaking, a bankruptcy discharge doesn’t remove liens (like tax liens) from the premises.

Chapter 11: Reorganization
Chapter 11 is designed for the reorganization of a business enterprise. It’s also available.

The Bankruptcy Court approves a plan of reorganization that provides for payment of claims in full or in part, depending upon the type and the priority of claim.

Chapter 12: Family farmers and fisherman
Chapter 12 is designed to permit family farmers to repay their debts within a period. It is very similar to a Chapter 13 filing. The eligibility requirements are prohibitive. It’s limited to people whose income arises primarily from a farm.

Chapter 13: Repayment of all or part of the debts of an individual with regular income
Chapter 13 is designed. Chapter 13 provides them the option to pay their debts. You are eligible for Chapter 13 if your debts do not exceed certain dollar amounts outlined in the Bankruptcy Code.

Under Chapter 13 you must file a plan with the court to repay your creditors all or part of the money which you owe them. Generally will be three decades, but may be extended to five years. Your plan must be approved by the court before it can take effect.

After completion of payments under your policy, most debts are discharged. Debts like particular bonded obligations and alimony and child support payments are not discharged.

Do I qualify for Chapter 7 ?
To qualify for a Chapter 7 bankruptcy, the borrower must make less than the state median income on a monthly basis and submit to a”means test” that examines their financial records, including earnings and expenses, along with bonded (mortgages and car loans) and unsecured debt (credit card bills, personal loans, medical

Would you make a lot of money to file Chapter 7?
One of their most common myths concerning bankruptcy is that high-income debtors earn too much to file bankruptcy. However, the truth is that no matter how far you earn, you may qualify for Chapter 7 or Chapter 13 insolvency based on your financial situation

Do I still own my home after Chapter 7 ?
Most Chapter 7 bankruptcy filers can maintain a house if they are current on their mortgage payments and they don’t have a lot of equity. However, it’s likely that a debtor will lose the house in a Chapter 7 bankruptcy when there is significant equity that the trustee may use to cover creditors.

How do I save my home after filing Chapter 7?

You can use Chapter 7 bankruptcy to save your home if:
you are current on your mortgage payments when you record (or you may get current in a hurry), also.

Your equity in the house (if any) is adequately protected by the exemption legislation available to you on your state.

What happens to my home in Chapter 7?
If you’ve got considerable equity in your house, you might lose your house in a Chapter 7insolvency. In general, the bankruptcy trustee may have the ability to market some of your resources and give the money. A few properties, including your house, is exempt from sale, but only up to a particular amount.

Does your credit rating go up following Chapter 7 release?
A Chapter 7 bankruptcy case wipes out most, if not all, of a person’s debts and is usually over in less than four weeks. … If your credit score is lower compared to 680 it should still end up in the 530 to 560 range following your bankruptcy will be discharged

How many points does a chapter 7 lower credit score?
The exact consequences will change, but based on important credit scoring version FICO, bankruptcy may make your good credit score (think 700 or over ) to plummet by200 points or longer. Meanwhile, a stellar credit score of 680 will drop about between 130 and 150 points.

How much debt do you have to have to file Chapter 7?
Maximum debt limitations to Chapter 13 bankruptcy. Even though there’s absolutely no minimum debt amount necessary to apply for bankruptcy, you can not have greater than $1,184,200 in bonded debt or $394,725 in unsecured debt if you want to file for Chapter 13 bankruptcy (those figures are adjusted periodically to account for inflation).

Is it better to file Chapter 7 or 13?
Some debtors cannot document to get Chapter 7 bankruptcy–leaving Chapter 13 bankruptcy as the sole option. … They decide whether you can repay a certain amount of your debt using a Chapter 13 repayment plan. If you do, you flunk the test and are qualified for Chapter 7 bankruptcy.

How do I know if I qualify for Chapter 7?
To determine whether you qualify for Chapter 7 bankruptcy, the way test computes your average monthly income for the six months preceding your bankruptcy against the median income of a similar home in your nation. If your income is below the median, you automatically qualify.

How does Chapter 13 affect my credit score?
A Chapter 13 bankruptcy can remain on your charge account for up to 10 years. Although a Chapter 13 bankruptcy remains on your record for years, missed debt payments, defaults, repossessions, and lawsuits will also hurt your credit and may be more complicated to describe a future lender than bankruptcy.

How long does Chapter 13 hurt your credit?
How Long Does Chapter 13 Bankruptcy Stay on Your Credit Report? According to the Fair Credit Reporting Act, bankruptcy can only stay on your credit for around ten years after your filing date. But a Chapter 13 bankruptcy will generally be removed from your credit report following seven years.

Will my credit rating increase after Chapter 13 discharge?
So it’s certainly likely to raise your FICO score after a Chapter 13 bankruptcy. … If you do that, the bankruptcy should be fully discharged after seven years. It should come off your charge report at the point. That is your goal.

What happens to your car if you file Chapter 7?
The reduced loan payment or any change in the details of the automobile loan is also possible inside a Chapter 7 bankruptcy. … That debt will not be dischargeable in your bankruptcy in case it occurs following the filing. Once you surrender the car, the lender will sell it, generally for less than the amount you owe.

What resources can I keep in Chapter 7?
In Chapter 7 bankruptcy, exemptions determine what home you get to keep if it is your house, vehicle, pension, personal belongings, or other property. When land is exempt, you may keep it during and after insolvency. The trustee is allowed to sell it to pay your creditors When property is nonexempt.

Will I lose my car in Chapter 7?
If you are behind on your automobile payments, then you will lose your automobile in Chapter 7bankruptcy (even if your equity is exempt) unless you take care of this arrearage or get the creditor to agree to another payment program. Some choices include.

Could I keep my tax refund after filing Chapter 7?
The answer: it depends. Most individuals filing for Chapter 7 bankruptcy can guard their tax refunds. … When the bankruptcy statute can accept your tax refundassess depends on the type of bankruptcy you file for, the timing of your filing, and the measures you take to guard your refund.

What will they take in Chapter 7?
In Chapter 7 bankruptcy, many or all of your debts are removed (discharged). In exchange, you must give up certain land so that the trustee can market it and use the proceeds to pay your creditors. … If private property is exempt, you have to keep it in Chapter 7 bankruptcy.

Is a home exempt from Chapter 7?
The sum of your equity is an asset in bankruptcy, and a Chapter 7 trustee could be able to offer your home and use the equity to pay your creditors. … But if you reside in a state that just has a $10,000 homestead exemption, then the bankruptcy trustee will likely take your house and market it.

Just how long does pre-foreclosure last?
If you fall 2 to three weeks behind in your mortgage, your lender is generally going to come calling with a default notice on the property; this is how pre-foreclosure starts. A default notice lets homeowners know if the debt is not paid 20, their creditor will start the foreclosure process.

What’s an order of notice?
The Land Court issues the lender an Order of Notice intended to notify the debtor of the complaint and the procedure for responding. … The Land Court directs the lender to serve the Order of Notice upon the borrower, to publish it in the local newspaper, and also to record it at the right Registry of Deeds.

How long does the foreclosure procedure take?
Notice of Default. The foreclosure process that is official is not started by the notice of Default. This notice is issued 30 times following the fourth missed monthly payment. From this point onwards, the borrower will have 2-3 weeks, depending on state law, to reinstate the loan and stop the foreclosure process.

Can you still owe money following a foreclosure?
Should you shed your home to foreclosure, you may owe cash for your creditor. If foreclosure sale proceeds aren’t enough to settle the entire amount of a mortgage loan, the gap between the selling price and the total debt is called a deficiency.

Can you fight a lack of Judgement?
A deficiency judgment is an authorized order to pay off a loan balance after foreclosure or repossession. … The residual amount is called a lack, and a lack of judgment from a court makes you personally liable for any lack of balance. As a result, creditors or debt collectors can attempt to collect the sum due.

Is Massachusetts a judicial foreclosure state?
Contrary to several other countries, Massachusetts requires the lender to reevaluate together with the Massachusetts Land Court that the debtor isn’t subject to the protections of the SCRA. … Massachusetts does not require a mortgage holder to attain judicial consent to foreclose to a mortgaged property.

Is Massachusetts a mortgage or deed of trust country?
Deeds of trust are the most common instrument used in the funding of real estate buys in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia,

What happens at the end of a forbearance agreement?
A mortgage forbearance agreement is an arrangement made between a mortgage lender and overdue borrower in which the lender agrees not to exercise its lawful right to foreclose on a mortgage and the borrower agrees to a mortgage plan that will, over a certain time interval, bring the debtor current on Their

Can I sell my home to avoid foreclosure?
You can sell up your home until it’s sold at auction or the lender takes ownership of your house. … One approach to avoid foreclosure is to sell your property (with the help of an experienced broker ) and net enough to pay off all you owe the creditor, such as back mortgage obligations, penalties, and penalties.

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Bankruptcy Boston Attorney

We’re Passionate About Making a Positive Impact on People’s Lives

We can arrange evening and weekend appointments
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We offer free initial consultations.
To schedule yours, call our office at: 781-848-8545.

Nashawaty & Rand Lawyer

Are you ready for that fresh financial start? Our bankruptcy lawyers in Boston Can help!

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