Tuesday, December 6, 2011

Chapter 7 bankruptcy: what you should know

Defaulted borrowers can now regain control over their fate and can save their property even in the face of a foreclosure. Still, to stay safe there are certain important aspects, which you should know about Massachusetts foreclosure. First, you need to understand the psyche of your lender. As a matter of fact lenders do not always want to foreclose the property. In fact there are now Massachusetts loan safe solutions also available to stop foreclosure.

As per the Massachusetts foreclosure law, you should be 60 days behind on your mortgage payment before any foreclosure can actually begin. You will be contacted when your first mortgage payment is about 30 - 45 days late. In the letter it is clearly stated that the borrower has 30 days in hand to make the delinquent payments. As per the third step which occurs right after 60 days, the lender turns the delinquent account over to their legal department. Yes, you can now stop the Massachusetts foreclosure.

If you are sure that “bankruptcy” can support you then you have to decide which bankruptcy chapter can suffice your need. You have to decide if Chapter 13 bankruptcy or Chapter 7 bankruptcy is right for you. Well the lawyers for bankruptcy can offer more info on this however; in brief Chapter 13 bankruptcy is better suited to individuals who are able to make plans to repay all of their outstanding debts. Chapter 7 bankruptcy on the other hand is better for people who do not have the means to set up repayment plans.

Chapter 7 stands as typically a form of Bankruptcy help, which allows debtors to have debts discharged through liquidation of non-exempt assets. In fact, for qualifying for this debt-relief solution, petitioners must meet criteria established under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).

Filing for Bankruptcy in Massachusetts under Chapter 7 can be advantageous to petitioners that qualify, however it also presents with serious ramifications. First step of filing bankruptcy in Massachusetts involves hiring a lawyer. Finding bankruptcy attorneys is not as easy as it used to be because BAPCPA has now categorically established regulations which hold attorneys responsible for reported information.


Today, the Bankruptcy Foreclosure attorneys are required to file a letter of certification while stating their income and expenses in order to prove that the there is a true need for filing Massachusetts bankruptcy. Moreover, validating reported information however requires additional time which equates to higher bankruptcy help and legal fees.

As the first step the debtors undergo a process which has been known as the 'means' test for determining if they qualify for Chapter 7 bankruptcy. In fact this test compares debtors' income to state median income levels. And if the Petitioners earn more than state levels they are required to file Chapter 13. This chapter in fact requires debtors to establish a payment plan which can actually extend up to 5 years.


Now the most important part- all bankruptcy petitioners are required to undergo credit counseling prior their petition is approved by the court. Counseling takes place with the agency approved by the U.S. Trustee and the debtors are responsible for the costs of credit counseling.

The following documents are very necessary to support your Massachusetts bankruptcy petition.

• Tax return

• Bank account records

• Creditors list

• Name and contact information of the creditors

Well, on an average the duration of Chapter 7 bankruptcy process is 3 to 4 months. In fact, the financial ramifications can actually linger for up to 10 years. In fact, debtors must engage for credit repairing to improves credit scores as quickly as possible. Debtors should also avoid taking on new debt for at least two years after bankruptcy.

The Massachusetts bankruptcy center with its various locations, dotted all across Massachusetts and with the team of expert bankruptcy attorneys and support staff, offers you customized solution to regain your financial stability.

This content has been taken from: http://www.zimbio.com/Bankruptcy+Service/articles/oOReRJ-nYgy/Chapter+7+bankruptcy+Ramification+filing?add=True

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