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Personal Bankruptcy Archives

Supreme Court rules on debt collection case

Debt collection companies in Massachusetts and around the country are forbidden from using deceptive or abusive tactics to collect money by the Fair Debt Collection Practices Act. The federal law applies to companies that collect unpaid bills on behalf of others, but the debt collection industry has changed greatly since its passage in 1977. Companies today often buy tranches of delinquent debts for pennies on the dollar, and consumer rights groups have called for the provisions of the FDCPA to be applied to these businesses also.

Things to keep in mind when you file for personal bankruptcy

When individuals in Massachusetts are facing financial problems, they will likely want to resolve these issues as fast as possible. The problem is that oftentimes there is no quick fix when it comes to problems with debt. There are, however, mechanisms to help debtors enter a path for debt relief. And, when individuals finally decide to file for personal bankruptcy, it is important to keep a few factors in mind along the way.

Keeping personal property safe from bankruptcy creditors

Bankruptcy can be a terrifying word for Massachusetts residents who are burdened with debt. Many people in this situation wrongly believe that a bankruptcy proceeding will strip them of all of their assets, including their house and automobiles. However, with the right approach, the outcome of a personal bankruptcy can be far less ruinous.

Filing for bankruptcy can put an end to debt anxiety

One of the worst things about being in debt is the anxiety and stress it creates. It's hard to enjoy life when you are constantly worried about how you are going to pay the bills. It's exhausting to always have to choose between paying the electric bill or the credit card bill.

An increasing number of older Americans are filing for bankruptcy

Most people in Massachusetts hope to retire someday. But, for an increasing number of people, the retirement years are becoming years of financial challenges. One statistic that reflects this is the rising number of elderly Americans who are filing for bankruptcy.

When is a debtor's transfer of property void in Massachusetts?

In a Chapter 7 bankruptcy, the debtor's non-exempt assets can be sold to pay creditors. Sometimes a debtor who anticipates filing for bankruptcy will transfer an asset to another person, to avoid having the asset become part of the bankruptcy estate and subject to a creditor's claims. This is known as a fraudulent transfer, and under either the Bankruptcy Code or Massachusetts law, the bankruptcy trustee can generally undo the transfer and recover the asset for the estate.

Understanding the protections of bankruptcy exemptions

Bankruptcy is intended to provide protection and debt relief for individuals struggling with debt. The idea of bankruptcy may create anxiety concerning personal property but in most instances, the filing party is able to keep most of their personal property. Bankruptcy exemptions exist for certain types and categories of property through both Chapter 7 and Chapter 13 bankruptcy which are the two types of personal bankruptcy. In general, some types of property are exempt from bankruptcy.