Recent Posts in Worcester Category

In an article from the Worcester Telegram and Gazette (http://www.telegram.com/article/20091230/NEWS/912309982/1002) it is reported that foreclosure petitions in Massachusetts remain high.

The good news is that the actual number of foreclosures that have been completed for 2009 has been less than 2008. However, the number of foreclosures started with the filing of a Petition to Foreclose has increased in 2009 from 2008.

Bankruptcy has several options that may help if you have facing foreclosure, in chapter 13 you may be able to eliminate your second mortgage forever, and catch up the missed payments with the first mortgage.

Additionally, you may be able to eliminate all your unsecured debt in either chapter 7 or 13 thus freeing up money to pay towards the mortgage.

If you are facing foreclosure, please give me a call and we can find a solution to the problem. Bankruptcy can stop the foreclosure and save your home BUT ONLY if you file before the foreclosure sale.

I wish everyone a great holiday and a wonderful new year.

Peace is possible, if we want it.

 Robert

With the snow that fell this weekend I cannot help but think now may be a good time to mention what happens if a debtor cannot make their assigned time and date for their §341 meeting.

The §341 meeting is often the only meeting a debtor has to attend; they are not a formal Court process and are not held before a judge or even at the Court House. The §341 meeting gives the Case Trustee and others a chance to ask questions about the debtor’s financial affairs.

It is uncommon for anyone other than case trustee and the debtor’s lawyer to be present during the §341 meeting in consumer cases. The meetings are typically short lasting only 5 – 10 minutes for chapter 7 cases and about 15 minutes for chapter 13 cases.

When your bankruptcy case is filed, the Court will automatically assign your case a Case Trustee (who represents the creditors) and a time for the meeting.

If for some reason you are unable to make the scheduled meeting time then you can request that your case trustee reschedule the meeting. The case trustee will give you a new time and date. The debtor, typically through her lawyer, will have to send notice (a letter) to all the creditors stating the new time and date of the meeting. Of course the more notice you can give the case trustee about your need to reschedule the better, however, in the case of an emergency or inclement weather you may not be able to give the case trustee much notice at all.

Warm wishes.

Robert

Debt collectors are well known for using harassing, unethical, and immoral techniques to collect debt. There are both federal and state laws to protect an individual from these abuses.

In Massachusetts creditors, the original creditor, a debt collector agent or attorney for the creditor, are not permitted to call a debtor more than 2 times in a rolling 7 day period at home and no more than 2 times in a rolling 30 day period at a place other than at home.

If creditors are calling keep a detailed log of calls from the creditors. Record such information as: time and date of call, phone number the call came from, name of the creditor and debt collector agent. If you answered the call, who did you speak to, what did they say, how do you call them back?

If the creditor leaves a message on your voice mail, save it, and keep all telephone logs from the phone company.

If you have been sued you may have a counter claim against the creditor because of the harassing phone calls and you may also have a cause of action against them.

Robert

Attorney Hoffman was recently selected to replace retiring Judge Rosenthal. Attorney Hoffman will have to undergo an FBI background check before taking the bench. Judge Rosenthal will be missed by many but I am excited about the appointment of Judge Hoffman.