Author Archives: doug

What happens if you file for bankruptcy and no one wants their collateral back?

By doug | Published: May 4, 2012

When an individual files a Chapter 7 bankruptcy case, one of the decisions they have to make is whether they want to keep property that is collateral for a loan, or to give it back to the lender. The best example is an auto loan: a debtor filing bankruptcy can choose to keep paying the […]

Posted in Secured loans | Comments closed

Massachusetts foreclosures tick up, bankruptcies to follow?

By doug | Published: April 27, 2012

There was a big increase in both new and completed foreclosures in March 2012, perhaps portending a coming increase in bankruptcy filings. According to the Warren Group, which tracks real estate market activity, 850 Massachusetts properties were lost to foreclosure in March, an increase of 36% over the prior year. There were a whopping 1621 […]

Posted in Bankruptcy News, Foreclosure | Comments closed

Mass. bankruptcy court says too bad if you didn’t receive notice of a foreclosure

By doug | Published: April 26, 2012

Massachusetts law requires that a lender send two notices to a homeowner before a foreclosure auction can be held — one by certified or registered mail, and the other by regular first class mail. Advertisements must also be placed in a local newspaper. But what if the homeowner never receives these notices? Can the foreclosure […]

Posted in Foreclosure | Comments closed

What do bankruptcy lawyers talk about when they get together?

By doug | Published: April 25, 2012

Ever wonder what a bunch of bankruptcy lawyers would hash over when they get together for a confab? Well, one of the largest meetings of bankruptcy lawyers starts on April 26th in San Antonio, Texas when the National Association of Consumer Bankruptcy Attorneys convenes its annual meeting. Some of the topics up for discussion are […]

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What if you file for bankruptcy, and discover assets you didn’t even knew you had?

By doug | Published: April 24, 2012

Have you ever spent the weekend cleaning out the garage? If so, you probably end up amazed at the amount of stuff you have accumulated over the years. There’s a good chance that you have more assets than you realize that aren’t cluttering up the garage, too. And if you are going to file for […]

Posted in Practical tips | Comments closed

Another NFL quarterback needs to file for bankruptcy — this time it’s Warren Sapp

By doug | Published: April 23, 2012

Financial writer Michelle Singletary reported over the weekend that former NFL star Warren Sapp has filed a Chapter 7 bankruptcy case. Sapp was best known for quarterbacking the Houston Oilers in the days before the franchise moved to Tennessee. His financial troubles — which consumed the estimated $60M in paychecks he cashed as an elite […]

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Enormous growing problem with student loans next bubble to explode — or will it boomerang back to bankruptcy court?

By doug | Published: April 13, 2012

Over the Easter weekend, a lot was written about the massive growing problem of student loan defaults — which some commentators think might soon approach the problems associated with the recent real estate crash. In an Associated Press article, William Brewer, president of the National Association of Consumer Bankruptcy Attorneys, “This could very well be […]

Posted in Student loans | Comments closed

Should you go into bankruptcy to cram down your car loan?

By doug | Published: April 2, 2012

Think about this scenario for a minute: Things haven’t been going well lately, and debts are pressing on you. Bankruptcy may be an option, not your first choice to be sure, but its out there, and the bills collectors have been closing in fast. You have an older car you bought a few years ago […]

Posted in Chapter 13, Practical tips, Secured loans | Comments closed

Should you file for bankruptcy while you are unemployed?

By doug | Published: March 22, 2012

If you have lost your job and are collecting unemployment, is this a good time to file a bankruptcy case to eliminate the debts? A long time ago when I was starting as a lawyer, it was unusual to see unemployed folks filing cases. It costs some money to file, of course, and that money […]

Posted in Means Test, Practical tips | Comments closed

Massachusetts church uses bankruptcy laws to stave off foreclosure

By doug | Published: March 21, 2012

The congregation of Roxbury’s Charles Street African Methodist Episcopal Church has authorized its leaders to file a Chapter 11 bankruptcy petition in order to stop foreclosure proceedings scheduled for later in the week. One of the leading churches in Boston’s black community, they need to use the bankruptcy law to try to restructure a balloon […]