Leading Bankruptcy Attorney in Newton, MA

Bankruptcy Attorney Newton MA

Nashawaty & Rand is a law firm dedicated to helping individuals and families in the Newton area with relieving debt and controlling their finances through bankruptcy. We have a reputation for providing effective, trusted legal counsel for families, individuals and business owners throughout Metro Boston.

Our attorneys share a strong a commitment to results-oriented, quality counsel and representation. When disputes arise, it is important to consult with attorneys who are not only experienced, but who also understand what is at stake. At Nashawaty & Rand, our lawyers have a sincere interest in your case and your family. We will handle your legal issue as we would for a neighbor or friend.

When Should I Consider Filing Bankruptcy?

Simply put, when your monthly debt, including living expenses, loans, car payments, medical bills and credit cards is more than your income can support. Other possible reasons for filing are to avoid a foreclosure on your home mortgage, repossession of a vehicle, or the shutting off of utilities. Legal action such as attachment of your wages by a creditor seeking to collect a debt can also indicate a bankruptcy filing, even if the total amount of debt is low.

Newton's Leading Choice for Chapter 7 & Chapter 13 Bankruptcy Representation

Our attorneys have been helping hardworking families and businesses through bankruptcy for over 25 years.

We offer over 25 years of experience and success in countless cases much like yours. We take the time to provide personalized attention to each of our clients. Our approach involves protecting your assets and advising you on which of them are exempt from the bankruptcy proceedings. We use the effective bankruptcy codes and related federal and state statutes during proceedings and are well versed in all things associated with bankruptcy law.

Chapter 7 Bankruptcy

Debt Relief Newton MA

Chapter 7 bankruptcy offers one of the quickest, most efficient ways to eliminate debt and stop creditor harassment. This type of bankruptcy eliminates all credit card debt, medical bills, and unsecured loans. It can also be used in cases with mortgages and car loans that the individual can no longer afford.

If your gross income does not exceed the median gross income for a family of your size in Massachusetts, you qualify. Even if you are above median income, you may still qualify under the means test.

Chapter 7 is also called straight bankruptcy or liquidation. However, this does not mean your assets are liquidated. Rather, most Chapter 7 filings are considered no-asset cases. Our bankruptcy attorneys are skilled at maximizing your available exemptions, helping you keep your home, automobiles, furnishings, retirement accounts, electronics and even savings. At the end of the process, your debt is discharged.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy Lawyer Newton MA

This type of bankruptcy is used to save a home from mortgage foreclosure and repays past due mortgage payments and other debt like taxes, over a period of time, typically in manageable monthly payments. This chapter also allows for stripping off of second mortgages and avoiding foreclosure.

Chapter 13 is often referred to as the "wage earner's plan" because it allows individuals with regular income to develop a plan to pay all or a portion of their debts based only on their ability to pay, without the requirement to sell off assets and property.

One of the most significant benefits of Chapter 13 bankruptcy, especially in today's economy, is the opportunity for individuals to save their homes from foreclosure. When an individual who is threatened by foreclosure files for Chapter 13 bankruptcy, an automatic stay stops the foreclosure proceeding and the individual may make up any past-due mortgage payments over the plan period.

Nashawaty & Rand have devoted their careers to helping clients obtain the maximum debt relief available in the following types of cases:

Second Mortgage Stripping

If you have a second mortgage or home equity loan and the total amount due on your first mortgage (including arrearages) exceeds the value of your home, you can obtain a discharge of the second mortgage/home equity loan through a Chapter 13 Plan.

Foreclosure Avoidance

A foreclosing bank is stopped in its tracks upon the filing of a bankruptcy. A Chapter 13 filing that provides for curing the mortgage arrearage over the plan period allows you to keep your home by making regular mortgage payments going forward plus your Chapter 13 Plan payment.

Student Loan Debt

Student loans are not dischargeable in bankruptcy unless their payment would constitute "under hardship" on the Debtor. Contact a professional at Nashawaty & Rand to discuss options available to avoid aggressive collection tactics such as wage garnishment or execution on judgments by selling assets.

Is "debt relief management" a good alternative to filing for bankruptcy?

For most people, no. Debt relief management companies advertise heavily, charge a big "up-front" fee that can exceed the cost of a bankruptcy filing, and most often, accomplish little. They calculate a monthly payment to be divided among your creditors based on your ability to pay.

In the meantime, interest is still running on the credit cards per the contract, but the agency still gets their percentage of the monthly payment. The agency has NO POWER TO ALTER THE DEAL with the creditor. They can keep them at bay temporarily, but you end up paying the piper in one way or another. Only a bankruptcy court has the power to DISCHARGE debt.

Metro Boston Client Reviews

"Please accept this letter as my thanks for your work in my Bankruptcy case. I could not believe the process was so easy, even with our problems in the beginning. I really did forget about that trust and thought for sure I would be in trouble. Your patience and kind words made it a pleasant experience. In 3 years I will be debt free for the first time since I can remember. I am going to enjoy the summer knowing I will be in my house for a long long time." T.M & C.M - Foxboro, MA
"It's been great not having to deal with the credit cards every month. I even joined a gym and signed my daughter up for dance classes." B.C. - Weymouth, MA

Call us at 781-848-8545 to get the expert legal advice you need and deserve for your Chapter 7 bankruptcy or Chapter 13 bankruptcy needs. Don't procrastinate with this important step in finding legal assistance. We are waiting for your call. Schedule a free consultation today!

We're Passionate About Making a Positive Impact on People's Lives
Thank you for your work in my Bankruptcy case. I could not believe the process was so easy, even with our problems in the beginning. Your patience and kind words made it a pleasant experience. Now, I will be debt free for the first time since I can remember and I can enjoy the summer knowing I will be in my house for a long, long time.
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