Bankruptcy & Debt Relief

We are a Debt Relief Agency and we help people file bankruptcy in Massachusetts.

In times of trouble, we all need someone to turn to. The bankruptcy attorneys at our Massachusetts law firm provide legal services to individuals in need of legal counsel and possibly bankruptcy protection rights here in Massachusetts. We assist individuals, who are faced with overwhelming debt to obtain a "fresh start."

At Moniz Law Office, P.C., our focus on consumer bankruptcy law in Massachusetts is designed with you in mind. We keep our fees low, in fact we offer affordable rates based on a sliding scale specifically formulated to ensure that legal representation is available regardless of income and assets.

We understand and counsel our clients to utilize and apply existing State and Federal Laws and the Federal Bankruptcy Code to work out the best possible solution. We represent our Massachusetts clients throughout the bankruptcy process. From the initial consultation until the discharge of debt has been granted. Whether a client needs to file Chapter 7, Chapter 13, or is facing a foreclosure, or a pending court action, we may be able to help.

If you cannot make ends meet you probably have the following concerns:

Creditors harassing you with phone calls and letters
Paying off one credit card by using another credit card
Escalating debt that seems to be spiraling out of control
Wage Garnishments
Foreclosure of your home
Being sued in court by a creditor
Liens or attachments on your home

Many individuals who seek assistance from bankruptcy attorneys to help them file for bankruptcy are ill or disabled due to a debilitating illness or injury and are experiencing mounting medical bills; maybe they are facing a mortgage foreclosure; or have perhaps suffered a job loss, or the death of a loved one who provided financial support for the family. Perhaps some just "got in over their head" and feel like they are drowning in debt.

Our Massachusetts Bankruptcy Attorneys can help you file for bankruptcy in Massachusetts so that you can have a fresh start. Please contact us for a free, no obligation, initial consultation with a Massachusetts Bankruptcy Attorney.

Common Questions About Bankruptcy

What does it mean to "file bankruptcy?"

Bankruptcy, or Debt Relief, is a legal proceeding where a person is either:

Released from paying debts by filing for protection from creditors under the U.S. Bankruptcy Code and turning all non-exempt property over to the Court's Trustee; (this is a typical case under Chapter 7)
Enters into a Bankruptcy Court sanctioned Payment Plan to repay some, or all, of the past due amounts owed over a period of up to 5 years, while keeping current with their regular bills, and once the payment plan is complete, the person may then be discharged from certain amounts owed before filing bankruptcy that were not provided for in the payment plan. (this is a typical case under Chapter 13)

Who can file bankruptcy?

Any person who resides in, does business in, or has property in the United States can file bankruptcy.

Will filing for bankruptcy stop harassing phone calls from bill collectors?

When you file for Debt Relief protection under the U.S. Bankruptcy Code, the law imposes an "automatic stay" against your creditors prohibiting them from taking certain actions. This "automatic stay" prohibits creditors from taking any action to collect the debts you owe them unless the bankruptcy court specifically lifts the "automatic stay" and gives the creditor permission to proceed with specified collection action.

How long does a bankruptcy remain on my credit report?

The fact that an individual filed a bankruptcy can remain on the credit report for 10 years under provisions of the Fair Credit Reporting Act.

What is the difference between Chapter 7 and Chapter 13?

In Chapter 13, you pay some or all of the past due portion of your debts over a period of up to 5 years; thus allowing you to keep your property. In Chapter 7, you are not required to pay any dischargable debt, but you may also not be allowed to keep some of your property. Whether to file under Chapter 7 or Chapter 13 should be discussed with an attorney.

How long does it take?

A Chapter 7 case is generally very fast. The court will schedule a creditor's meeting in approximately 30 days after the bankruptcy petition has been filed. At the meeting, the trustee will ask you about the information contained in your bankruptcy schedules. The meeting may last only a few minutes, and is generally the only formal appearance you will have to make. In approximately 120 days you will receive your discharge and the final decree will follow a few weeks later. A Chapter 13 takes longer. Not only will our bankruptcy attorneys guide you through this process, we can give you a rough estimate of the amount of time involved.

What do I need for the initial meeting with my bankruptcy attorney?

You should bring in the following documentation: 1) a list of your property (including bank accounts and retirement accounts); and a list of your debts, 2) a list of creditors showing the amount due to each creditor, 3) a statement showing your income and a list of your expenses, and 4) last two years tax returns. We will discuss your financial situation and determine if bankruptcy is appropriate. If it looks like bankruptcy is appropriate, we will provide you with forms to fill out. When this is complete, the petition and schedules will be prepared and filed. You will also need to have paystubs showing your income over the last 6 months.

I am in debt because I've been irresponsible in using credit. Will I still be able to file bankruptcy in Massachusetts because I don't have a good excuse for my behavior?

Yes. The bankruptcy system does not ask whether your debt is due to unforeseen circumstances that were no fault of your own, or whether you were simply living outside of your means.

Is my primary residence protected?

In Massachusetts, if you own your own home and it serves as your principle residence, you may be able to protect it against the claims of creditors and/or a forced sale by filing a Declaration of Homestead. Speak with your bankruptcy attorney to determine the status of your Homestead Exemption.

Will I lose my job because I filed bankruptcy?

Bankruptcy laws prohibit discrimination based upon a debtor filing for protection under the bankruptcy laws.

Will filing bankruptcy stop a wage attachment?

In most cases, yes.

Will filing bankruptcy stop a judgment?

Possibly. Most civil judgments are stopped by bankruptcy.

Will filing bankruptcy wipe out all my debts?

Possibly. Filing for Debt Relief under the U.S. Bankruptcy Code will NOT normally discharge: (1) money owed for child support or alimony, fines, and some taxes; (2) debts not listed on your bankruptcy petition; (3) loans you received by knowingly providing false information to a creditor who reasonably relied upon the false information to extend you credit; (4) debts resulting from "willful and malicious" harm; (5) student loans owed to a school or government body, unless the court decides that payment would be an undue hardship on you; (6) mortgages and other debts secured by liens on your property, which are not paid during the time bankruptcy case is open (but bankruptcy will discharge your obligation to pay any additional money if the property is sold by the creditor for an amount less than the amount you originally owed).

Will I have to appear in Court if I file bankruptcy?

In most bankruptcy cases, you only have to attend a proceeding called a "Meeting of Creditors" to meet with a bankruptcy trustee and any creditor who chooses to come. This meeting is usually a short and simple procedure where you are asked some questions about your bankruptcy forms and your financial situation. Be assured that our bankruptcy attorneys can walk you through this process.

Upon the filing of a Chapter 7 petition, a Meeting of Creditors is scheduled by the Court, which takes place one to two months after the petition is filed. If the petitioner is represented by a bankruptcy attorney, the bankruptcy attorney will sit with the petitioner and provide assistance when needed. The trustee will tape record this meeting as he/she swears in the debtor. He/she will ask if the debtor read the petition before signing it, and if the signature on the petition belongs to the debtor.

Additional questions such as the following may be asked: 1) How did you get into financial trouble? 2) During what period of time were your debts accrued? 3) How did you value your house (if applicable)? 4) Do you have the right to sue anybody? 5) Does anyone owe you money? 6) Do you expect to receive any money in the near future from tax returns, inheritances, or any other source? 7) Have you transferred any real estate or personal property to others within the last year? These questions are designed to help the trustee determine if you possess assets that can be distributed to creditors, and to determine if you are being honest in filing the petition in good faith. Creditors may also appear at the meeting to ask questions, but this rarely happens. The Meeting of Creditors usually takes no more than five minutes to complete.

What happens after the Meeting of Creditors?

In "no asset" cases (a Chapter 7 case where all of your property is exempt), a few months after the Meeting of Creditors, the Bankruptcy Court will grant a discharge. At this point the case ends and you are no longer obligated to pay some or all of your debts (you will still be required to pay debts that were not dischargable). In a Chapter 13 (Payment Plan) Case, the Bankruptcy Court will determine if all of your creditors are being properly handled under the terms of your Payment Plan, and if everything is in order, the Bankruptcy Court will confirm the Payment Plan. You will make your payments to the Bankruptcy Court's Trustee over a period of 3 or 5 years, after which you be granted a discharge of any amounts you currently owe that were not otherwise handled under the terms of the Payment Plan.

Can I discharge my student loans by filing bankruptcy?

Usually not, but if you can convince a judge that having to pay the student loan would impose an undue hardship on your ability to get a fresh start, the judge can order that the student loan debt be discharged. This is not an easy to do since most people can pay their student loans once their credit card debt, medical bills, personal loans, and other debts are discharged.

Can I discharge child support by filing bankruptcy?

No.

What is a reaffirmation agreement?

A reaffirmation agreement is simply an agreement to continue to pay a specific creditor, even though you have filed bankruptcy. Once you are discharged by the Bankruptcy Court from your obligation to pay your creditors, you are generally no longer obligated to pay those debts. However, in certain circumstances you may be willing to enter into a reaffirmation agreement to continue to pay a debt, even though you legally don't have to. The big downside to reaffirmation agreements is that you remain personally liable for that debt, and you will likely no longer have the option to file bankruptcy for up to 8 years. Obviously, you will need to give careful consideration to your ability to make the payments and the potential consequences of a default, and you should always consult with a bankruptcy attorney before signing a reaffirmation agreement.

What can be done about judgment liens when I file bankruptcy?

A judgment lien is a lien obtained as a result of a money judgment and recorded against property such as a house or a car. If the lien applies to exempt property, it may be eliminated. To avoid a judgment lien, a motion must be filed in addition to the Chapter 7 petition. Liens related to child and spousal support judgments may not be avoided.