Legal Question in Bankruptcy in Massachusetts

can i file bankruptcy now when starting a new job next week?

I am in a desperate situation wanting to file Ch. 13 in order to stop foreclosure on my home. Can I file now knowing that I will have incoming coming in within a week and a half?


Asked on 4/19/07, 6:52 pm

3 Answers from Attorneys

Richard Ravosa Law Offices of Richard S. Ravosa

Re: can i file bankruptcy now when starting a new job next week?

A skelton petition can be filed to immediately stop the foreclosure process and then you have to file the remaining documentation within a certain time period, by that time you should be receiving regular income and can reflect that is the schedules filed

Chapter 13 is called a wage earner's Bankruptcy. You need to have regular income to qualify.

Important thing is to get the credit counseling immediately.

Also Bankruptcy must be filed prior to the sale.

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Answered on 4/19/07, 9:07 pm
Taylor Greene Taylor A. Greene, Attorney at Law

Re: can i file bankruptcy now when starting a new job next week?

If properly done, filing a bankruptcy case can provide you with an automatic stay of action against your property, such as your home. That means that, if the sale has not occurred and you meet certain standards, the filing can stop the foreclosure.

However, filing a case is but one of many requirements to maintaining a case and continuing to enjoy the profound protections of this federal law. If you miss a step, you could find your case dismissed and all the protection against foreclosure gone with it.

Therefore, it is probably in your best interest to meet with and hire a bankruptcy lawyer to help you.

Best wishes, and please don't hesitate to contact me directly.

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Answered on 4/23/07, 9:33 am
William McLeod McLeod Law Offices, PC

Re: can i file bankruptcy now when starting a new job next week?

Whether you can file depends on many things you do not mention in your post: (1) income & expenses; (2) whether you have filed before; (3) whether you have fulfilled the required credit counseling requirement. To see if a Chapter 13 is right for you in your situation, you need to sit down with a bankruptcy lawyer and get advice that addresses the unique circumstances of your situation. If that foreclosure sale has been scheduled, you need to get moving!

Feel free to contact me with questions or concerns, or if you would like to meet.

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Answered on 4/20/07, 7:57 am


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