My office does bankruptcies on a flat fee basis.  The fee ranges bases on several factors.  These factors include the type of bankrupcy you may be filing and if it is an emergency filing.

The court also charges a filing fee of $299 for a chapter 7 and $274 for a chapter 13. 

There are also two classes that you have to take in order to file a bankruptcy and receive a discharge.  The classes range in price with the most expensive ones around $50.

There is some unsecured debt that is not dischargable.  These include:

* Student loans

* most tax debt

* child support/ alimony

* debt incurred for property or personal injury while driving when intoxicated

Once your bankruptcy is filed the automatic stay is a very powerful tool that stops creditors from taking action against you.  The automatic stay can stop wage garnishments, foreclosures, debt collectors from calling and harrassing you.

Although chapter 7 will temporarily stop a foreclosure, you will need to file a chapter 13 case if you are significantly behind on your mortgage and you want to keep the home.

For some homeowners you may be able to modify your home loan or change its status to a unsecured debt.  Currently you cannot modify a primary mortgage in bankruptcy, but you may be able to modify a second mortgage if there is no equity in the second mortgage.  That is the second mortgage needs to be wholey unsecured.

The homestead in Massachusetts is $500,000 of the equity.  You have to file a homestead at the registry of deeds in order to have the protection.

Massachusetts allows a debtor to choose between the federal and state exemptions.  The most compelling reason to choose the state exemptions is if you have equity in your home.  The state homestead is $500,000 , whereas the federal exemption for real property is only $20,200 ($40,400 for a married couple).

Bankruptcy is intended to provide a debtor with a fresh start.  The orgins of bankruptcy law is biblical.  

 Deuteronomy 15:1-2

1 At the end of every seven years you shall grant a remission of debts.

2 This is the manner of remission: every creditor shall release what he has loaned to his neighbor; he shall not exact it of his neighbor and his brother, because the LORD'S remission has been proclaimed.

There are income requirements in order to file a chapter 7.  However, just because you are over the median income you may still be able to file a chapter 7 case if you pass the "means test."  The means test takes in to account some of your actual expenses including your secured debt such as your mortgage and car payments.

The current income requirements for Massachusetts is:

Household size                       Median income

1                                             $54,842

2                                             $66,437

3                                             $83,104

 4                                             $100,280

these figures can be found at: http://www.usdoj.gov/ust/eo/bapcpa/20090315/bci_data/median_income_table.htm

I represent clients who reside in Massachusetts and who are filing bankruptcy in Massachusetts. 

I have represented clients through out the South Shore and beyond including Plymouth, Norfolk, Suffolk, Middlesex, Bristol, Worcester and Barnstable Counties.    These counties include the towns of Weymouth, Quincy, Hull, Hingham, Cohasset, Marshfield, Hanover, Scituate, Brockton, Rockland, Abington, Whitman, Duxbury, Plymouth, Carver, Norwood, Milford, Hopkinton, Braintree, Boston, Brighton, Stoughton, and Canton.

Office hours are by appointment only.  I am flexible and will meet clients at night.  I can usually schedule a consultation within two weeks.