Author Archives: doug

Massachusetts bankruptcy cases increasingly require good service

By doug | Published: May 1, 2013

Massachusetts bankruptcy attorneys trying to help clients mired in the mortgage mess of the last few years are increasingly turning their attention to the notion of good service. By this I don’t mean fawning over clients or judges, but simply sending (“serving” in legal lingo) important court papers to the right recipients. As a prime […]

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Bankruptcy law eases rules on keeping your car after you file

By doug | Published: April 22, 2013

A very modest increase in the amount of equity in a car that a debtor can keep after filing a bankruptcy case went into effect in April, 2013. Previously, a single debtor claiming federal exemptions was allowed $3,450 in equity in a vehicle. With the cost-of-living increase that took effect on April 1st, that was […]

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What you can keep after bankruptcy just increased

By doug | Published: April 9, 2013

A bit of good news just came in for anyone out there considering filing a bankruptcy case: As of April 1, 2013, the total amount of property that a debtor can “keep” after filing Chapter 7 bankruptcy increased to $12,725.00, an extra $750 over prior law. The increase is part of an every-three years tweaking […]

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Dionne Warwick filing highlights effectiveness of bankruptcy against taxes

By doug | Published: March 27, 2013

Dionne Warwick has filed for bankruptcy. The 72 year old pop diva’s case was filed pretty far from San Jose — in the bankruptcy court in northern New Jersey. Big numbers always make big headlines in the financial pages, and Warwick’s has a whopper — $10 million dollars due for back taxes. Of this, $7 […]

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rules on sucessive bankruptcy discharges clarified

By doug | Published: March 21, 2013

Massachusetts bankruptcy attorneys got an important clarification recently from U.S. Bankruptcy Court judge Melvin Hoffman on how much spacing there must be between bankruptcy cases for a debtor who wants a Chapter 13 discharge, but who has previously received a Chapter 7 discharge. This situation involves section 1328 (f) of the bankruptcy code, which bars […]

Posted in Bankruptcy News, Chapter 13, Chapter 7 | Comments closed

Aggressive moves by Mass. DOR shot down in bankruptcy court

By doug | Published: March 20, 2013

People behind on their Massachusetts state income taxes have an aggressive foe out there — the Massachusetts Department of Revenue. Mass. DOR has been taking some pretty far-out positions in court on bankruptcy cases filed by Massachusetts residents looking to discharge back taxes. Just recently, they argued in Judge Hoffman’s courtroom that all tax returns […]

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Do you have to pay a Chapter 13 trustee ten percent?

By doug | Published: March 4, 2013

When bankruptcy debtors file Chapter 13 cases, they have to pay a fee, or commission to the Chapter 13 trustee that administers their case. This is how the trustee gets paid. The commission is typically ten percent of the payments made through the plan. So if a debtor’s plan calls for a monthly payment of […]

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Film gives debtors a taste of what a bankruptcy hearing is like

By doug | Published: February 27, 2013

The Oscars were given out in Hollywood recently (left), and that always get us thinking of what’s up at the movies. As far as bankruptcy law goes, the US government has recently produced a few short videos about how the process works. Government films are famous for either being snore-fests or propaganda, and these are […]

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Bizzare new question may face Massachusetts bankruptcy debtors

By doug | Published: February 22, 2013

I watched about an hour’s worth of “section 341” meetings recently, and was surprised to hear the trustee asking a question I don’t think I’ve heard before. The trustee showed the debtors their Schedule C, and then asked: “Have you purchased any of these assets within one year of filing the bankruptcy case? That’s a […]

Posted in Chapter 7, Practical tips | Comments closed

Bankruptcy rule changes in New Hampshire take effect February 1st

By doug | Published: February 1, 2013

Heads up for attorneys with a New Hampshire bankruptcy case to prepare: there has been a lot of tinkering with the local bankruptcy rules in NH, and the changes took effect on February 1, 2013. One of the rules with a lot of edits is local rule 1009-1 concerning making amendments to schedules that have […]