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Category Archives: FAQ

Do I qualify for Chapter 7 bankruptcy?

Do I qualify for Chapter 7 bankruptcy ? Whether or not you qualify for a Chapter 7 bankruptcy depends upon various factors.  The primary aspects that determine your qualification are income, assets, or any recent transfer of property.  When it comes to income, you must make below the median household income of your particular state in […]

Will I lose my vehicle if I file bankruptcy?

Will I lose my vehicle if I file bankruptcy? If a chapter 7 bankruptcy has been filed, a lender is not able to repossess a vehicle or otherwise collect a debt. However, the court can sometimes grant permission for the lender to take the vehicle. How the Automatic Stay Stops Repossession Without Permission From the […]

Will I lose my retirement funds if I file bankruptcy?

Most retirement accounts are considered exempt through bankruptcy. Congress reconstructed the bankruptcy laws in 2005. Under the changed law, barring a few exceptions, pension plans and retirement accounts are exempt and have no impact on what is paid out to your unsecured debt. Plans that that qualify for this exemption include and ERISA qualified account: […]

Can I stop the bank from foreclosing on me?

Stop bank foreclosing Generally the foreclosure process starts after a homeowner gets behind on paying their mortgage. The lender will then commence the legal action of selling the property through auction in order to regain payment for the loan. This won’t occur immediately after missing one payment. Usually a lender won’t begin the foreclosure process […]

Will I lose my house if I file bankruptcy?

When filing for Chapter 13, the answer is generally no. You have the ability to retain your property by repaying all or a portion of your debts through a payment plan over a course of three to five years. In exchange you may keep your assets, including your house and vehicle, providing you keep up […]

How is my credit affected from filing bankruptcy?

Credit affected filing bankruptcy Many people contemplating Chapter 7 or Chapter 13 bankruptcy are concerned about the impact that the filing will have on their credit rating. Although a bankruptcy doesn’t look favorably on one’s credit score, the impact can vary depending upon your credit score before filing. If you are behind on your accounts […]

Can I keep my home in bankruptcy?

In many cases the answer is yes. There is a Massachusetts Homestead Act which prevents creditors from having their homes sold to pay off unsecured debts. The law applies only if the homeowner lives in the home as his/her principal residence. The protection applies to unsecured creditor claims such as credit card debt or lawsuits. […]

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