What To Know About Bankruptcy In Massachusetts
Times are generally tough for one group of people or another and it really doesn’t matter what the overall economic situation is in the country. Chances are, there are people out there — in Massachusetts and everywhere else — who are considering bankruptcy as an option to deal with their financial troubles. Well, in the Bay State, what to know about bankruptcy in Massachusetts can be important no matter the economy.
Keep in mind that the U. S. Congress made a number of changes (25 of them, to be exact) to the federal bankruptcy laws that govern bankruptcy throughout the nation. These changes were made in 2005, meaning that certain older practices may not now be valid. Additionally, each state has ensured that certain exemptions to the federal law have been placed on the books that also govern what most hope is a very last resort financial action taken by people.
In Massachusetts, certain classes of property are exempt from execution of a bankruptcy judgment. There’s no simple formula that a person can use to determine when he or she should file for bankruptcy, it must be said. It might depend on a variety of factors, including possible foreclosure on a home or property or maybe a job loss.
Whatever the reason for filing might be, it’s also smart to understand that there are two different kinds that can be filed for in Massachusetts and every other state; Chapter 7 (sometimes called “clean slate” or “liquidation” bankruptcy) and Chapter 13 (sometimes called “Wage Earner Bankruptcy”). The kind of bankruptcy option that should be selected depends on what’s trying to be done on the part of the filer in accordance with bankruptcy laws.
Generally speaking, the most common form of bankruptcy filed for is Chapter 7, and it’s most often thought of as a fresh start for the filer. There’s now a means testing process, a preliminary hearing and then an affirmative or negative judgment on whether or not Chapter 7 may proceed. If it’s allowed to, an asset sell-off will occur (except for exempted property) and a payment made to creditors. Chapter 13 is a filing and then a repayment to creditors on a set schedule.
Bankruptcy in Massachusetts has its beginning in a preliminary filing that’s accompanied by a statement of financial affairs and then a subsequent hearing to decide on if Chapter 7 will be approved. All Chapter 7 filings involve payment of a $299 fee and this form of bankruptcy is generally the most common form or action taken. It’s usually best to hire an attorney experienced in bankruptcy rather than to attempt to do this on one’s own.
Understanding the prospect of filing for bankruptcy in Massachusetts can be scary. It’s critical that you have confidence in your decisions and an experienced bankruptcy attorney MA can help guide you down the right path.