I have represented clients in the Federal Bankruptcy Court since 1985 when I began practicing law in Massachusetts. What I enjoy about this area of law is that all of our clients get a “fresh start” in their financial life. Indeed, the law allows you to keep your assets and “discharge” your debts!

Please contact us for a free consultation.

March 9, 2010

Massachusetts Consumers Will Reap Benefits of New Energy Policy

The Massachusetts Department of Public Utilities announced plans to increase energy efficiency with a goal of saving Boston and Massachusetts electric and natural gas consumers over $6 billion per year over the next three years. We know our clients are looking to save money on natural gas and electric bills, and they may see real savings under the new energy policy: the Green Communities Act.

Essentially, the new law includes funding for the nations first carbon allowance auction, along with improved energy assessments of homes and incentives for the purchase of high efficiency lighting and appliances, heating and air conditioning and insulation. The plans require better multicultural and community based outreach. The requirements include a target of 2.4% savings in electricity costs, based on a decline in use of electricity, due to conservation. The Department of Public Utilities estimates that the law would add, or save, 4,000 jobs.

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March 9, 2010

IRA Retirement Options for Massachusetts Clients

Our Massachusetts clients who are not covered by retirement plans (such as 401k's or 403b's) often request clarity regarding retirement account options. With April 15 just around the corner, we are glad to provide an update. First, we need to identify the various "vehicles" available. The basic plan is the Individual Retirement Account, or IRA. An IRA allows you to deposit up to $5,000 (or $6,000 if you are over 50) into a tax deferred account each year provided you meet certain criterion. The good news is that this reduces your taxable income by the amount you put in. Further, if you can pay the tax on the income, you can do a ROTH IRA, which has an income restriction for qualifying, however, has the added benefit of allowing tax free withdrawals - by you or your heirs. The monies can be invested in stocks, bonds, mutual funds, commodities, certificates of deposit or otherwise, so long as they stay within the host company's IRA account.

You are allowed to convert IRA investments into ROTH IRA investments, however, there are income restrictions for 2009. This changes in 2010. See our prior blog articles on Roth IRA conversions and Roth IRA planning for more details.

You can also open a ROLLOVER IRA, which is simply converting qualified retirement monies in a 401k, 403b or other retirement account, into an IRA that you now can control the investments in.

There are also SEP IRAs and SIMPLE IRA's for folks with their own businesses. They have various requirements, however, the SEP IRA allows up a contribution up to $49,000 and the SIMPLE IRA allows contributions up to $11,500 ($14,000 if over 50) The requirements and restrictions can seem daunting, however, T. Rowe Price, whose useful website I have included above, provides details for opening and funding each IRA. There are other helpful websites too: Charles Schwab and Company is excellent. Many of our clients' companies use Fidelity for their 401k or 403b plans. They have individual account services too. The lowest cost fund family is generally Vanguard. And, as we discussed in our earlier blog article on long term investment strategies, costs are critical because they create a drag on monies that are invested for the long term.

It should be noted that this article is not inclusive of all retirement plans. Many of our clients have Keough profit sharing plans, for example. This article is simply a reminder of the basic retirement vehicles out there for clients who don't have retirement plans at work. Nor is this article investment advice. We are simply reminding our clients to review their options with their tax investment professionals before April 15.

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March 3, 2010

Massachusetts Bankruptcies Up in February

Bankruptcies were up 14% in February across the United States verses February 2009, and 9% above January 2009, according to the National Bankruptcy Research Center data. The federal government statistics, which were released on March 2, 2010 for 2009, indicated 1,473,675 bankruptcy filings in 2009, a 31.9% rise in filings for 2009 over the previous year. Chapter 7 personal bankruptcies were up 41% (from 744,364 in 2008 to 1,050,832 in 2009) We will continue to inform our clients of the trends in the federal bankruptcy courts, and especially in the Massachusetts district.

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March 1, 2010

US v. Canada - Ice Hockey, Bankruptcy, Massachusetts Winter Notes

Those of us here in Boston and throughout Massachusetts went to bed last night with the sting of defeat from watching the Olympic Men's Ice Hockey Finals. Thus, it seemed like a good time to review our sister country to the north's personal bankruptcy situation.

According to Canadian statistics, like the US, 2009 was a record year for personal bankruptcy filings. The issue, like Massachusetts and the US, is debt: in Canada the level of "household credit per person" is up from just over $20,000 in 2001 to over $40,000 in 2009! At the end of the third quarter of 2009, an average Canadian had household debt of 140.8% of their personal disposable income!

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February 22, 2010

Massachusetts Foreclosures Up in 2009

The results are in for 2009: lenders filed a record 27,828 foreclosures in 2009, which is up from 2008. The jump was 28.1% according to the Warren Group, owner of Banker and Tradesman business newspaper. However, the number of "completed" foreclosures, is down 25.4% to 9,269. More than 2000 foreclosures were filed most months of 2009. In our bankruptcy practice, we have noticed a similar decrease in clients facing foreclosure.

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February 4, 2010

Feds Streamline Mortgage Applications for Massachusetts Homeowners

The federal Department of Treasury announced new guidelines to streamline mortgage application processes for all mortgage applicants, including those in Boston and Massachusetts who apply for a mortgage associated with Fannie Mae or Freddie Mac. Our bankruptcy clients often are not able to save their homes because interest rates, and other costs, are just too high. http://www.neilburnslaw.com/lawyer-attorney-1397148.html

Beginning June 1, under the new regulations, the lenders will be required to obtain all necessary documentation at the outset, thus saving confusing and rejection later on. Further, some lenders require the collection of documents twice; this will save that step. The lenders will now require two pay stubs and a release so that the lender can go on-line and obtain a tax return from the IRS. Since the program began there have been 900,000 mortgage modification applications - unfortunately, only 1100,000 have been approved. December data shows an improvement in the rate of approvals.

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February 1, 2010

Massachusetts Consumers Will Reap Benefits of New Energy Policy

The Massachusetts Department of Public Utilities announced plans to increase energy efficiency with a goal of saving Boston and Massachusetts consumers over $2 billion per year over the next three years. Our clients are looking to save money on natural gas and electric bills under the Green Communities Act.

Essentially, the new law includes funding for the nations first carbon allowance auction, along with improved energy assessments of homes and incentives for the purchase of high efficiency lighting and appliances, heating and air conditioning and insulation. The plans require better multicultural and community based outreach. The requirements include a target of 2.4% savings in electricity costs, based on a decline in use of electricity, due to conservation. The Department of Public Utilities estimates that the law would add, or save, 4,000 jobs.

Continue reading "Massachusetts Consumers Will Reap Benefits of New Energy Policy" »

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January 26, 2010

Massachusetts Consumers Need to Know Fair Debt Collection Laws

Our personal bankruptcy clients often point out that they are being "harassed" by the collection agencies and lawyers, in Boston and throughout Massachusetts. One Boston area law firm uses the brother of the attorney as their attack dog - he implies he is the lawyer and his words are vicious.

Thus, it is important for consumers to know their rights. The Federal Fair Debt Collection Practices Act protects consumers from abuse by collection agencies and collection lawyers. Note, the federal law does not apply to the actual creditor, only to "third parties" such as the collection agencies and collection attorneys. The Massachusetts law, Chapter 93A, Section 49, Debt Collection in an Unfair, Deceptive or Unreasonable Manner gives Massachusetts consumers additional protections.

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January 23, 2010

Massachusetts Publication Cites Boston Attorney Neil Burns For Bankruptcy Trends

Banker and Tradesman, a publication of the Warren Group published their bankruptcy statistics noting that Chapter 7 Personal Bankruptcies were up 33% in 2009. This is not news to readers of this blog or our website.

What is news, however, is that Banker and Tradesman acknowledges that Massachusetts is different. While all states have folks filing bankruptcy following layoffs and business declines, we don't have the medical bankruptcy rate that other states appear have. Instead we have seen an increase in the number of clients sensitive to huge interest rate hikes by the credit card companies.

What we have seen, I explained to Banker and Tradesman, is an increased number of clients who actually could pay their credit card debt. However, when the creditors unexpectedly increased the interest rates -- that pushed them over the edge: they see no way they can ever make the payments. When they file for bankruptcy, they get a fresh start, but they were not headed in that direction before the interest rate increases.

In Canada, a recent article by a bankruptcy trustee, found the same results.

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January 22, 2010

Massachusetts Bankruptcy and Discharge in Boston Bankruptcy Court

Some of our clients have significant gambling debt when they come to us for advice regarding discharging debt in Massachusetts Bankruptcy Court in Boston.

Some research showed that approximately 10% of all personal bankruptcy filings are linked to gambling debt; and that 20% of "compulsive" gamblers ultimately file for bankruptcy protection.

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January 14, 2010

Can Universities in Boston or Massachusetts Discriminate Against Bankruptcy Filers?

Clients and potential clients in Massachusetts sometimes ask us if filing for a Chapter 7 Personal Bankruptcy will have any adverse effect on their current or future student loans. The answer is fairly clear: no. In 1978, Congress passed a law which prevented various types of discrimination against folks who filed for bankruptcy protection. With respect to denying student loans, the law states that a governmental unit "may not deny a student grant, loan, loan guarantee, or loan insurance to a person that is or has been a debtor under this title or a bankrupt or debtor under the Bankruptcy Act."

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January 11, 2010

Bankruptcy Numbers Up in Boston and Across Massachusetts

According to initial numbers posted by the National Bankruptcy Research Center, there were over 1,410,000 personal bankruptcies filed in 2009. The total is up 32% from 2008. We have found that the number of clients qualifying for Chapter 7 personal bankruptcy, in which you discharge all of your unsecured and non priority debt has increased as well. The number of personal bankruptcies are the highest since the new, stricter, bankruptcy law went into effect in October, 2005.

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January 6, 2010

Can Massachusetts Employers Fire You for Filing for Bankruptcy?

Clients and potential clients in Massachusetts sometimes ask us if filing for a Chapter 7 Personal Bankruptcy will have any adverse effect on their employment status. The answer is fairly clear: no.

In 1978, Congress passed a law which prevented various types of discrimination against folks who filed for bankruptcy protection. With respect to denying employment, that law states that an employer cannot "deny employment to, terminate the employment of, or discriminate with respect to employment against" anyone simply because he or she has filed for personal bankruptcy.

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January 4, 2010

Massachusetts Foreclosures Trending Down

While end of year statistics are not yet in, the good news for our Massachusetts clients is that the number of foreclosures is trending down. There were 27.3% fewer foreclosures through October 2009 (7,707) than the same period a year earlier (10,603). The auction numbers were down 9.8% for that time period. Statistics just out from Banker and Tradesman shows that November foreclosures are down as well.

Another good statistic is that the number of actual foreclosure deeds, which represents foreclosures that conclude (the property is not reclaimed by the owner) is also down significantly: 26.8% for the first 11 months of 2009.

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December 30, 2009

Credit Report Check Ups for Massachusetts Bankruptcy Clients

Clients regularly ask us about their credit score. We are always on the lookout for information that will help our clients understand and upgrade their score. Recently, we have learned of new websites that may be useful to determine your credit scores. The following are a few we have found:

Credit Karma, owned by TransUnion, provides a credit score which is NOT your actual FICO score, but claims to be an indication of your FICO score. For no cost, the website provides helpful information for increasing your score. A nice feature is that you can check your scores as often as you wish. The fun part of this site is that you can simulate future events to determine how they would effect your credit score.

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