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.
In 2005, the federal laws governing bankruptcy across the nation were revised in certain ways. Each state also has exemptions on the books that help to deal with differences in a state’s laws and Massachusetts is no different. Congress passed a series of changes to bankruptcy procedures (25 of them, to be exact), so keep that in mind when considering bankruptcy as an option to deal with financial ills.
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.
Regardless of the reason for filing, it’s wise to learn what kinds of bankruptcy can be filed for in Massachusetts and the rest of the states. Generally, there are two different kinds: Chapter 7 (sometimes known as liquidation) and Chapter 13 (which is a reorganization and is more familiarly known as “Wage Earner Bankruptcy”). Chapter 7 is the most common and is looked at as a clean slate.
Chapter 7 is the most popular (if that’s the word to use) form of bankruptcy that most people file for when they’re looking for a fresh start or a clean slate. Today, this form of bankruptcy will require a means test and a hearing to determine if the petitioner meets the criteria for Chapter 7. Once it’s approved, all but exempt assets will be sold off and then creditors paid off. Chapter 13 is a reorganization and then a set payment schedule.
All bankruptcy in Massachusetts procedures have their genesis with the filing of an official bankruptcy petition to the federal bankruptcy court. A statement of financial affairs is provided to the court along with a schedule of actions to be taken in order to proceed. There’s a $299 filing fee for Chapter 7 bankruptcy, which is the most common form. It’s probably best to take on an experienced bankruptcy lawyer before proceeding, though.
Understanding the prospect of bankruptcy in Massachusetts can be scary. It’s important that you have confidence in your decision making and an experienced bankruptcy attorney MA can help guide you down the right path.
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