Frequently Asked Questions
What chapter do I file?
Choosing which chapter to file under can be the most important decision that is made. Those who file without the benefit of filing without an attorney may end up filing the wrong chapter which can result in losing the property which they set out to save, or worse yet may leave assets exposed which a Trustee can liquidate or sell.
I have a Foreclosure soon, so what happens after filing bankruptcy?
Our staff will pull up the official notice from the Bankruptcy Court and contact the lender’s attorney by phone and fax to stop the sale of your home immediately. The lender’s attorney and auctioneer must stop the foreclosure sale pursuant to Federal Law. Interested buyers may show up but will be informed that the sale has been cancelled by the auctioneer. You do not have to let anyone onto your property or in your house.
Is there anything else that has to be done after the initial bankruptcy filing?
The Court issues what is called an order to update which details what remaining documentation needs to be prepared and filed. When you file with the Massachusetts Bankruptcy Center we will work with you to obtain the information
needed to prepare the remaining documentation and if needed, ask the Court for additional time.
When is my meeting date with the bankruptcy trustee?
Generally, after filing your case, a notice will be generated by the Court. It will have basic information such as the date of your meeting and case number and location. If you hire the Massachusetts Bankruptcy Center, an attorney will prepare you for the meeting and be present to answer any of your questions and to represent you in front of the trustee.
Where is the meeting?
For Chapter 13 cases: Boston, Springfield and Worcester For Chapter 7 cases: Boston, Brockton, Springfield, and Worcester The exact address will be listed in your notice from the court.
What else do I have to do?
The law requires that you take a financial management course after filing. The law also requires that you provide the certain documentation to the trustee within a certain time period. If you hire the Massachusetts Bankruptcy Center, we take care of the trustee documents for you as well as any additional follow up after your meeting.
I have equity and know I can not afford my house. Can I sell it?
This is one of the best features of a Chapter 13 case. In a Chapter 13 case, the clients are given a reasonable time to put their house on the market and reap the equity that is still in the property instead of losing it to interest, fees, collection costs and other charges. We can help you evaluate whether it is best to sell your house or not.
I don’t need an attorney, I just need to know what paperwork I have to file just to get a case number so the foreclosure is stopped.
A Bankruptcy case is not a simple matter. It is a complex, hyper-technical,document intensive process. It is very demanding because the law requires you to fully, accurately, and honestly disclose all of your assets, debts, income, expenses and other financial information. As you sign the documents under the penalties and perjury of law, you want to make sure that you have not unintentionally left out information; information that a seasoned Bankruptcy Attorney would be able to spot right off the bat while examining your information and documentation.
I don’t have the money to pay an attorney.
This is usually the biggest hurdle and the reason that most clients have to wait until the last minute. This is the time to pick up the phone and call your family and friends to see if you can borrow the money. If you are not able to come up with the money to file a bankruptcy and stop your foreclosure, you should start looking at cutting expenses so you can afford to hire an attorney once the lender starts the eviction process so your attorney can buy you more time to live in your house while you look for a new place to live. In many cases, our office has persuaded banks to pay our client’s thousands of dollars to move out in a timely manner.
