Our new website is finally up. We’ve worked hard to get a beautiful new site ready and we’re proud to show it off. Thanks for reading our blog. We have lots of great blog posts in the works. Please check back or contact us now to find out how we can help you.
Many people in Massachusetts reach a point where debt is unmanageable. Chapter 7 bankruptcy protection is designed for honest individuals who simply need to start over. Filing for bankruptcy is a strictly regulated legal process, however, according to the federal Bankruptcy Code and Massachusetts law. If you need advice on whether bankruptcy is right for you, an attorney can help.
Your Assets and Debts During Bankruptcy
In Chapter 7 bankruptcy, most of your assets are turned over to your trustee, who will sell them to pay your creditors. Once your bankruptcy is over, you are no longer responsible for those debts. Some debts, like child support, you can’t discharge through bankruptcy, and you can retain some assets like veterans’ benefits.
Before you file for Chapter 7 bankruptcy, you need to meet certain requirements. For example, you must complete an approved credit counseling course within six months before filing and present a certificate of completion to the court. If you fail to do so, a court may reject your request.
In order to qualify for bankruptcy, you must show the court your income is below the median for a Massachusetts household of your size. This is called the “means test.” Sometimes, figuring out the size of your household is not easy, and a lawyer can help. For example, you may have children attending college who only live with you part-time. The bigger your household, the greater your income may be and still permit filing for bankruptcy. Even if your income is higher than the median, you may still qualify for bankruptcy if you prove it is not an abuse of bankruptcy protection.
Process of Obtaining Chapter 7
Because bankruptcy is complicated and has serious legal consequences, Massachusetts courts recommend individuals hire a bankruptcy attorney to assist with filing. Your lawyer will help you fill out the official bankruptcy forms and put together supporting documentation. The courthouse staff are not allowed to give legal advice, nor can the judge act as your legal counsel.
You will need to file detailed financial information with the court as part of your bankruptcy petition, including your income, assets, liabilities, expenditures and a list of creditors. Under both Massachusetts and federal law, some of your assets are exempt from bankruptcy liquidation. You may be able to keep your home, your car and most of your wages.
Bankruptcy is a scary thought for many people. But it is a sound option in the right circumstances. To learn more about how an attorney can help protect your interests during bankruptcy, contact Konstantilakis Law P.C.
Entering into a divorce can be a fairly uncertain time for anyone, even if you took the time to plan ahead with a divorce attorney. To find that you and your spouse agree on all the major provisions of your divorce agreement can be a welcome relief. Uncontested divorcesprovide people a variety of benefits that contested divorces simply cannot provide – but they might also bring a false sense of security.
How an Uncontested Divorce Benefits You
The court is going to charge you for its time and attention. It will also not bend its own schedule around your own, so you could end up waiting weeks or more in between hearings if you need more than one. Since no one wants to fight for this or that in an uncontested divorce, you should, in theory, only need to go to the court once to have your divorce approved and finalized. This cuts down on time, money, and energy that would’ve been drained or stretched thin in any other sort of divorce.
The Uncontested Divorce That Wasn’t
For a divorce to be considered uncontested, both spouses need to review the divorce agreement proposed by the petitioner and agree that everything “sounds fine.”
Some aspects that require agreement include:
- Child custody
- Child support
- Property division
However, many people only agree to an uncontested divorce because they want to avoid delays or because they don’t understand their rights fully. Neither situation is ideal, as an uncontested divorce should only be used when both spouses actually like what the divorce agreement entails. Once people actually take the time to think about what they are giving up in an uncontested divorce, or once they learn about the property and parental rights they actually have, many uncontested divorces disappear and a contest begins.
If you are entering a divorce and it looks like it is going to be uncontested, don’t just hope it is and hope for the best. Instead, work with Konstantilakis Law PC and our Peabody divorce attorney, who can review your divorce agreement to ensure you are not missing out by quickly signing the first draft sent to you. With our firm’s help, you can uphold your best interests, with or without the need to escalate the case into a contested divorce.
Contact our firm today for a free initial consultation.
Have you been served with court papers because you stopped paying your credit card? Credit card companies sue thousands of people every year and they are very good at it. The process by which a law suit is filed and prosecuted through the courts is governed by a complex set of state laws and procedures that must be followed in order to move a case through the legal system. Understanding what is going to happen next in your law suit will ease the anxiety you are likely experiencing as a result of being sued. The law suit begins with the filing of a complaint by the credit card company, which must be served (delivered) to you by a process server. Once you are served, you must file an answer to the complaint, along with any counterclaims you might have, within 20 days. If you fail to file an answer, the credit card company may ask the court to enter a default judgment against you. Once a judgment is obtained, the credit card company may ask the court to garnish your earnings. If a wage garnishment is obtained, it is sent to your employer who would then be required to deduct the garnishment amount from your pay check before you receive your paycheck.
If you have any questions about this process, you may call to speak with an experienced Peabody MA bankruptcy lawyer at Konstantilakis Law PC by calling (978) 826-5906.
Having your driver’s license suspended by the Massachusetts Department of Revenue, Child Support Enforcement Division (MDOR/CSE), can disrupt your life. Driving without a license is punishable by a fine of $500 to $1,000 and up to 10 days jail time.
The MDOR/CSE has the authority to suspend your license if you have failed to pay your child support obligation per a court order however there is a process by which the MDOR/CSE can do this so knowing your rights is critical to getting your driver’s license back.
Having a Peabody Massachusetts family law lawyer review your situation with you in a free consultation is the first step in getting your driving privileges reinstated. Here are a few tips on how to prepare for your free consultation with an attorney so that you may get the most out of it:
⦁ Scan and email or fax all related documents to the lawyer before your meeting.
⦁ Email a history of the problem to the lawyer.
⦁ Email your questions to the lawyer.
⦁ Ask the lawyer if the consultation can be completed by telephone and/or a virtual meeting (phone and internet conference). Save yourself from having to drive to and from the meeting!
⦁ Be brief when speaking with the lawyer! If you have followed the above steps, you should be ready to listen to the lawyer’s opinion at this point and to answer any questions that you might be asked.
Knowledge is power and you should empower yourself to solve this or any problem in your life! If you are feeling anxious or worried about this, the first thing you should do is research the problem online as best you can (but beware of junk information, which the internet is filled with) and then speak with a professional lawyer to evaluate your options.