Pre-Bankruptcy Planning

Pre-Bankruptcy Planning in Massachusetts

Deciding whether or not to file bankruptcy is a big decision, and not to be taken lightly. Once you have weighed out your options, and decided bankruptcy is the best option, there are requirements that must be met before filing.

Majority of bankruptcy procedures (including the filing process) are governed by federal law, and require that you complete a pre-filing credit counseling course and a post-filing debtor education course. Massachusetts has particular information that you should know before filing for bankruptcy.

Pre-Bankruptcy Credit Counseling and Pre-Discharge Debtor Education in Massachusetts

It is required that within the 180 days before you file a Chapter 7 or Chapter 13 bankruptcy, you must complete a credit counseling course from an organization approved by the U.S. Trustee in Massachusetts. If more than 180 days pass after you receive your credit counseling certificate, you must retake the course. It is also required that you complete a debtor education course before you get your discharge in bankruptcy.

Massachusetts Bankruptcy Exemptions

Each state has its own set of exemptions that you may use when filing for Chapter 7 and Chapter 13 bankruptcy. The Massachusetts bankruptcy exemptions help determine what property you are allowed to keep in Chapter 7 bankruptcy, and how much you repay unsecured creditors in Chapter 13 bankruptcy.

In Massachusetts, you are able to choose from either the Massachusetts exemptions or the federal exemptions when you file a bankruptcy in Massachusetts, but you may not mix and match exemptions from the list. You must choose either state or federal exemption.

If a couple is married and filing jointly in Massachusetts, each spouse may claim the full amount of each exemption, also known as “doubling”.

What to Bring to Our First Meeting

During our first meeting, we will be discussing your financial situation, so we have a better understanding of which option is best suited for you.

When you come to Daigle Law Office to discuss your case, please bring with you:

  • Tax Returns for the last two years
  • Your last paycheck stub showing year to date gross income
  • A list of your bills
  • Recent mortgage statement stating what you owe
  • If self employed, income and expenses for the last 6 months

To schedule a free consultation, please call Daigle Law Office today at our Cape Cod: 508-470-4293 or Norwell office: 781-561-1220.

What our clients think about us

Daigle Law Office
Based on 124 reviews
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Brian OBrian O
10:37 13 May 24
From my initial phone call and talk with Atty Daigle, to working with Ann Marie and Tracey, my experience with Daigle Law Office has been great. They walked me through everything and got me started back on the right track. I would highly recommend Daigle Law Office for those seeking to get themselves back on track financially.
Yuliya MalinkovichYuliya Malinkovich
21:42 10 May 24
Working with Ann Marie and the entire team was a fantastic experience
Abby MoralesAbby Morales
21:03 21 Mar 24
BEST OF THE BEST! staff always friendly and attentive, process was so easy and they help all the way through. would recommend to everyone.
Chris ManchukChris Manchuk
00:03 21 Mar 24
Ryan BrownRyan Brown
23:22 19 Mar 24
Susan BrownSusan Brown
19:16 23 Oct 23
They get right to work on your file & are very pleasant. Helped me not to stress. Very nice group. I worked with Ann Marie Ellis super nice to work with. Everyone in the office are great. Very knowledgeable & compassionate.
Mary BarbozaMary Barboza
02:22 14 Sep 23
Karyn Lukas is a terrific bankruptcy lawyer! She is very knowledgeable and passionate. She helped us with all our needs and was quick to respond. Such a wonderful person when I met her face to face. Very organized and attention to detail lawyer. She always double checks her work and never assumes anything. It was such a pleasure to have her as my bankruptcy lawyer. The Daigle law office team is amazing and I would highly recommend them!- Denise
13:36 12 Sep 23
Daigle law firm is fantastic and very professional, courteous and polite. Very helpful throughout the process for my situation. I thank you all for everything. Briana, Jessica and especially Karyn Lukas. Karyn helped me through this ordeal and helped calm my many anxieties. I appreciate her. Also, I thank Peter Daigle for taking the time to call me himself and oversee everything. I will recommend Daigle always. Thank you again.
Jeff KellyJeff Kelly
02:47 20 May 15
Peter Daigle is a great guy. He is easy to talk with and he will fight hard for you. If you need an attorney in the Cape Cod area, you need to call Peter.
Jeanne WalshJeanne Walsh
02:02 03 Apr 15
Excellent experience, Peter Daigle and his office people were professional, sensitive and caring about their clients. Carla Roy is extraordinary.
suzanne rohanesuzanne rohane
22:20 26 Feb 15
Peter and Karen were both helpful, kind, and courteous to us during the whole process of our bankruptcy. I would strongly recommend Peter and Karen to anyone having any issues with bankruptcy.

Contact Daigle Law Office

Call Now: 508-771-7444. Or submit your inquiry below. We look forward to having the opportunity to work with you!

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