Stopping a foreclosure by filing for bankruptcy

Can a foreclosure sale in Massachusetts be stopped by a bankruptcy filing? Yes. The reason for this is that as soon as a person files a bankruptcy petition, all actions to collect a debt, including foreclosure auctions are halted by the automatic stay provided for in the Bankruptcy Code. This is true even if the bankruptcy petition is filed hours before the scheduled auction (assuming you have not filed other bankruptcy petitions recently)....

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Removing a lien from real estate through bankruptcy

Liens on real estate can hold up closings and prevent refinancing. A lien secures a debt, much like a mortgage secures a loan. Liens can be created for unpaid taxes, services (e.g. a mechanic’s lien or water and sewer charges), or from a judgment in a lawsuit. In Massachusetts, a lien from a judgment in a lawsuit is called an execution. The execution secures the amount that was awarded to the plaintiff. Credit card companies (Citibank,...

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Driver’s License Suspended for Failing to pay Massachusetts Income Taxes? Bankruptcy may be able to help you get it back

The Massachusetts Department of Revenue (DOR) is the state’s version of the IRS.  It collects the state income tax.  When a taxpayer fails to pay a substantial amount of the income taxes it owes, the DOR has a variety of enforcement tools.  One of these tools is to order the Registry of Motor Vehicles (RMV) to suspend the taxpayer’s driver’s license until the tax is paid or a payment arrangement is agreed upon.  A license...

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That Notice claiming you could owe $8,241 is not from IRS

The post card that my client received stated “Amount that could be do immediately: $8,241.00*.” If you received a similar postcard that looks like it came from the IRS with the alarming words “Intent to seize your property or rights to property” you probably are a bit alarmed.  Well, don’t be. Despite auditprotection.com’s attempts, it is not from the Internal Revenue Service.  Instead, it is from...

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Be Very Cautious About Debt Settlement as an Alternative to Bankruptcy

I have met with several people that have tried debt settlement or are considering debt settlement as an alternative to bankruptcy.  I have also settled credit card debts for clients.  Debt settlement refers to the process of paying substantially less than is owed. For example, a person who owes $30,000 to three different credit cards signs up with a debt settlement company that promises to settle the debt for $10,000.00.  The person agrees...

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