False Statements in Massachusetts Bankruptcy Court

A simple Massachusetts Chapter 7 bankruptcy went amuck recently when an attorney failed to follow the proper procedures in electronic filing.   According to a decision handed down by Judge Hillman last month, In Re: Stallworth (Chapter 7 Case No. 04-017-12) and published recently, Attorney Curtis was a “registered user” of the federal comprehensive electronic case management system (CM/ECF). She was, unfortunately, not too familiar, as she had only filed three total cases, two for Stallworth, and one other

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Massachusetts Bankruptcy and Medical Bills

The main plaintiff in the lawsuit against the Department of Health and Human Services regarding the new health care act has filed for bankruptcy protection in Florida…. because she can’t pay her medical bills!   Mary Brown and her husband own an auto repair business that allegedly failed. Thus, they are filing for bankruptcy protection to discharge $60,000 in consumer debts. This is what many of our clients are forced to do in Massachusetts bankruptcies. Ms. Brown’s debts include about $4,485 hospital and doctor bills, which is not uncommon in personal bankruptcy.

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Credit Cards, Bankruptcy and Happiness; an Academic Study

People are wired differently. That is, the human brain’s “wires” are activated, or stimulated differently. In a study regarding credit cards and debt management undertaken by University of Michigan Ross School of Business Professor Scott Rick and others, the “insula” part of the brain had vastly different reactions to the same consumer stimuli. In controlled testing, about 30% experienced a “fired up” stimulation to the presentation of consumer products, while 50% had a “measured response” and 20% had a pleasure response. The “fired up insula” is analogous to a negative reaction to a smell, or injustice.

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Famous Bankruptcies: It’s an “Honor”

As a Boston bankruptcy attorney, I represent folks throughout Massachusetts in Chapter 7 bankruptcy. We don’t have many clients who are famous, although all of our clients are important to us. Today’s blog is an outline of a few famous people who have filed for bankruptcy protection. Our point is that if they could do it when the time was necessary, then so can you. Some of these folks squandered their wealth, but I would note that many of these celebrities later became famous after getting a fresh start.   Oldies But Goodies

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Can A Trust Beneficiary File For Homestead In Massachusetts?

In a case decided by the Massachusetts Supreme Judicial Court on February 16, 2012, it was held that a beneficiary of a trust cannot acquire a homestead under the 2004 Massachusetts Homestead Law; you need to be the trustee. We wrote about the new Massachusetts Homestead Law in our March 14 2011 blog. The SJC, in response to a certified question by the US Bankruptcy Court, decided the case.

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Massachusetts Payday Loans and Bankruptcy

Many folks come to us to discharge their debts in Massachusetts bankruptcy and get a fresh start. Often we see payday loans on their credit report. Massachusetts has very strict laws regarding payday loans. There are no actual payday lenders in Massachusetts, so folks often use the internet. However, in Massachusetts, payday loans require full documentation, the due date of the loan must be in writing, there cannot be any pre-payment penalties, the whole transaction must be complete within 14 days, and there are strict rules on how unpaid loans can be collected against. Of significance, interest rates cannot exceed 23%. These consumer protections are why we don’t see as many payday loans: they just are hard to get in Massachusetts. On the other hand, many of our clients have worked in other states, where the loans have become onerous.

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