Monday, March 19, 2012

Massachusetts Chapter 7 bankruptcy: for your advantage

Enough has been said about Massachusetts bankruptcy filing. Now is the time to have a detail discussion about Massachusetts Chapter 7 bankruptcy. Yes, it is one of the most common types of bankruptcy chapters for individuals. Well, unlike Chapter 13 you do not need to pay the part of your debt back in the monthly installments. The point is straight and simple- if you file for bankruptcy in Massachusetts under Chapter 7 and if you qualify most of your debts would be discharged.

So what’s the focus of Chapter 7 bankruptcy? Typically, the goal of this chapter is to wipe out ("discharge") your debts. And as you know nothing is free in this world so here also your debts are not discharged for free. So in this case also, in exchange for having your debts erased, you need to give up all your property to your creditors. Does that sound harsh? Well, the reality is not as bad as it sounds. And all you need to do is to simply give up your "non-exempt" property. To put it simply – in most of the cases much or all of your property will be exempted and this is also known as the "no-asset" case. What if you have some assets--like a house, car, 401k, and household goods? Simply all your assets are exempted in a "no-asset" case. However, you need determine what property is exempted with proper Counseling bankruptcy in Massachusetts.

Your income has also a direct relation with Massachusetts bankruptcy filing. As a matter of fact if you make more than the median income based on household size, you need to contend with the bankruptcy "means test."This test helps in determining if you can receive a Chapter 7 discharge or if your case is better suited for Massachusetts Chapter 7 bankruptcy. Worry not, even if you fail the means test, there might some special circumstances which allows you to be eligible for a Chapter 7 discharge.

The truth is thus hallmarked and written in red letter – the means test only applies to people who have family income greater than the median income.

Here is the median income by family size

1. Family of one: $53,496

2. Family of two: $64,174

3. Family of three: $80,337

4. Family of four: $99,067

5. Add $7,500 for each additional family member

Lawyers for bankruptcy in Massachusetts also help to fight in stopping foreclosure with Chapter 13 bankruptcy.

This content has been taken from: http://www.zimbio.com/Bankruptcy+Service/articles/38iAVNgIRx3/Massachusetts+Chapter+7+bankruptcy+Help+unlimited?add=True

Sunday, March 4, 2012

Massachusetts Chapter 7 bankruptcy: Petition for discharge of unsecured claims

When the threats of foreclosure looms large , when you are naked deep in debt , when nothing seems to work to get financial imbalance back on the track – it is then the time to ponder on filing bankruptcy. In such time Massachusetts Chapter 7 Bankruptcy filing can be the greatest savior. Basically, the Chapter 7 bankruptcy petition is a liquidation of the debtor’s non exempt property in generating cash for the creditors in exchange for the discharge of all dischargeable debts.
Chapter 7 bankruptcy of the Title 11 of the United States Bankruptcy Code has been also referred as the "liquidation proceeding." This stands as one of the common forms of bankruptcy today. This certainly helps in relieving the debtor from any and all financial obligations and typically the court process for a chapter 7 bankruptcy can last approximately 4-6 months.

Filing for bankruptcy in Massachusetts is easy only if you know what to look for and on whom to lean on. Typically the Chapter 7 bankruptcy stands as the form of bankruptcy filing where the courts determine the assets you possess and the assets should be liquidated and what creditors should be paid off first and how much in the aftermath of the liquidation. The debtor has a "no asset" estate if the scheduled or recoverable assets, less and exemptions, equals to no funds for creditors. And in such cases the debtor will be discharged from the dischargeable debts, after filing of the "no asset" report by the trustee and issuance of a discharge order by the Bankruptcy Court.

Eligibility for Chapter 7 Petition
As per the Massachusetts Bankruptcy attorney unlike the Chapter 13 petition (this has limits on the amounts of secured and unsecured claims for eligibility) , Massachusetts Chapter 7 Bankruptcy has no such limitations. All that the debtor requires to file under this chapter are - a domicile (residence), a place of business, or property in the United States, under 11 USC § 109(a). Although, the U.S. citizenship and financial distress are not required for Chapter 7 eligibility however, the Chapter 7 debtor is not eligible for receiving another discharge in a Chapter 7 bankruptcy case during the eight-year period after the filing date of the prior Chapter 7 petition, under 11 USC § 727(a)(8).

The debtor is also required to receive credit counseling during the 180-day period before filing the Chapter 7 petition. Yes, this is mandatory to file for bankruptcy in Massachusetts.

Bank on the Massachusetts Bankruptcy attorney to get rid of your debt. The Massachusetts bankruptcy center with its various locations, dotted all across Massachusetts and with the team of expert bankruptcy attorneys and support staff, offers you customized solution to regain your financial stability.

This content has been taken from: http://www.articleblast.com/Laws_and_Legal/Business_Law/Massachusetts_Chapter_7_bankruptcy:_Petition_for_discharge_of_unsecured_claims/