Bankruptcy Law Firm | Nashawaty & Rand
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The Call Is Free To Talk To A Lawyer Serving Boston & South Shore. 25+ Years Experience. Free Consultation. Ready To Serve You When and Where You Need the Most Help. Consumer Services. Timely & Cost-Effective. Services: Chapter 7, Chapter 13, Debt Settlement. And more!

Bankruptcy Boston Lawyer

Practice Areas: Bankruptcy Attorney, Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Real Estate Lawyer, Divorce Lawyer, Family Law Attorney

Facing Bankruptcy ?
NO NEED TO FEAR

Call Now for a Free Consultation

We offer free initial consultations. To schedule yours, call our office at 781-848-8545. You may also contact us online. We can arrange evening and weekend appointments to accommodate your schedule.

You may not get that, but in some cases, bankruptcy can mean Freedom ! Credit card companies and collection agencies can hound you for cash, but they already have enough cash. In the process, they also cause you stress and can damage your credit for life.

If you’re trying to pay your bills or have to decide between paying a bill and paying your mortgage, call Nashawaty & Rand. We’re dedicated to serving the citizens of  Braintree MA, Boston MA, Quincy MA, Weymouth MA, Milton MA, Brookline MA, Dedham MA, Norwood MA, Newton MA, Cambridge MA, Somerville MA, Medford MA, Brockton MA, Franklin MA, Norfolk County MA and we are all set to listen to you and prepare a plan of action for you debt free. Do not wait. Pick the phone up today!

Our Hardworking Attorneys Have Been Helping Businesses and Families Through Bankruptcy for Over 25 Years

READY TO GET STARTED?

If you are seeking help with a financial crisis or disabling injury, we are here to listen. We want to provide you with the support and guidance that will maximize your rights under the law. Contact us now, and we promise to listen carefully to your story and give you the best legal service possible.

Bankruptcy Boston Attorney

Why Choose Nashawaty & Rand?

Nashawaty & Rand serves residents from the South Shore (Braintree, Weymouth, Milton, Quincy, Randolph, etc.), Greater Boston (Boston, South Boston, Dorchester, Mattapan, etc.), and many other towns and cities across Massachusetts making it convenient for individuals in many areas to utilize our professional legal services. We understand that you have many options available when choosing a bankruptcy attorney; however, selecting the right one will only help to increase your chances of success.

Bankruptcy is not the end of the world. It’s a beginning !

You aren’t alone on your financial distress !

A number of our customers feel about filing a bankruptcy case angry or afraid. Please note that there is no reason to feel it means you are a failure or to have feelings of submitting. Very likely you’ve got friends, neighbors and coworkers have registered, and you just don’t know about it. Additionally, many people and companies have gone bankrupt including:

Helping You Get Immediate
Assistance – Debt Relief Law Firm
(781) 514-5450

Should you face foreclosure, wage garnishment, or are just tired of harassment from creditors, call us today. Today, we can help.

Eliminate Your Debts Through Chapter 7 Bankruptcy

Is Every Day a Struggle to Make Ends Meet? Are Creditors Constantly Calling You Demanding Money You Don’t Have? We Can Make it Stop !

At Nashawaty & Rand, located in Braintree, Massachusetts, we help individuals throughout the Boston area eliminate their debts with Chapter 7 bankruptcy. We will help you get the fresh financial start you deserve.

How Does Chapter 7 Bankruptcy Work ?

Chapter 7 bankruptcy is generally one of the smartest, most efficient ways to eliminate debt and stop creditor harassment. To qualify for a Chapter 7 bankruptcy discharge, you must satisfy one of two tests.

First, 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.

At Nashawaty & Rand, our attorneys will analyze your situation to determine whether you qualify for a Chapter 7 bankruptcy. We will also talk to you about the benefits as well as the disadvantages of filing Chapter 7 bankruptcy as it relates to your specific situation. If you do not qualify for Chapter 7, Chapter 13 becomes the next option.

Will I Lose All Of My Assets ?

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.

Finally, at the end of the process, your debt is discharged !

An Overlooked Form of Bankruptcy for Individuals

Bankruptcy Filers Often Overlook the Option to File Under Chapter 13

Many believe the only way to eliminate overwhelming debt is to file under Chapter 7, which generally involves the liquidation of non-exempt assets to pay debts. However, Chapter 7 bankruptcy is not the only option, and many do not qualify due to their income being above the threshold.  This article will provide a brief overview of Chapter 13 bankruptcy and discuss some of its major benefits.

Brief Overview of Chapter 13 Bankruptcy

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 solely on their ability to pay, without the requirement to sell off assets and property. Most individuals are eligible for Chapter 13 bankruptcy, including individuals who are self-employed or operate an unincorporated business. However, there are some limits on those who qualify. An individual who has unsecured debts (e.g., credit cards or medical bills) of more than $360,475 or secured debts (e.g., home mortgages or auto loans) of more than $1,081,400 will not qualify for Chapter 13 bankruptcy.

In a Chapter 13 bankruptcy, individuals create a repayment plan where monthly payments are made to the Bankruptcy Trustee over three to five years. The length of the repayment plan depends upon the individual’s current monthly income. If an individual’s monthly income is less than the state median where the bankruptcy case was filed, then the plan will usually be for three years. If the individual’s monthly income is over the state median, then the repayment plan is completed over five years.

Benefits of Chapter 13 Bankruptcy

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.

However, in addition to the plan payment, the Chapter 13 debtor must have sufficient income to make regular mortgage payments as they become due following the filing date. As an example, a debtor behind on mortgage payments by $30,000.00 can stop foreclosure and keep his or her home if his or her income is sufficient to make regular mortgage payments going forward, plus a plan payment of $550.00 per month to the trustee (550 X 60 = $33,000.00 = $30,000.00 arrearage plus 10% trustee fee). 

If you have recently returned to the work force, or otherwise improved your monthly income situation, this is a valuable opportunity to save your home. Other considerations, such as whether the debtor has equity in the home, may also come into play in determining whether a Chapter 13 filing is warranted.

Some other important qualities of Chapter 13 are that it allows individuals to reschedule secured debts and reduce the amount owed to the value of the collateral over the length of the repayment plan by use of a so-called “cramdown.” The rescheduling of debts may allow for lower monthly payments. Chapter 13 behaves like a consolidated loan where one payment is made to the bankruptcy trustee who allocates payments to creditors.

Again, the payments to creditors are limited by the debtor’s ability to pay which is determined by the debtor’s “disposable income.” Once the plan payments are completed, even if only a small fraction of the total debt has been paid, the unpaid balance is discharged by the Court, like in Chapter 7.

Chapter 13 also allows a second mortgage, which is a secured debt, to be treated as unsecured and paid through the plan based on the debtor’s ability to pay. At the end of the plan, the second mortgage is “stripped off” leaving home as security for only the first mortgage. The amount paid on the second mortgage is limited by the debtor’s disposable income and can be as little as 1 percent.

Save Your Home, Remove Your Second Mortgage

When a Homeowner Owes More Money on a First Mortgage Than the Property Would Bring in a Sale (After Paying the Real Estate Broker), Any Second Mortgage is Considered Unsecured in a Chapter 13 Bankruptcy Filing

It is important to know this for two main reasons. First, the second mortgagee loses their right to keep the lien against your house. The mortgage is stripped off. Second, the unsecured creditors in a Chapter 13 plan are only entitled to payment based on your ability to pay, not how much you owe.

Even if your plan provides for paying your second mortgage holder a penny on the dollar, or even $0.00, you still receive your discharge from any unpaid amount upon completion of your plan. The debt is gone, the second mortgage is gone, and you have a whole new outlook on the ownership of your home.

Our attorneys are experts in proving to the court’s satisfaction that your second mortgage is fully unsecured and should be stripped off as part of your Chapter 13 bankruptcy plan. Whether your second mortgage is a home equity loan or part of an original 80/20 sale of refinance loan, we can help you recover a big chunk of your lost home equity value by stripping off your second mortgage. eclosure

Legally Get Out of Debt

Eliminate:

Keep:

  • Your Home
  • Your Car
  • Your Wages
  • Your Furniture

Avoidance

Take Steps Today to Stop Foreclosure

Nashawaty & Rand Help Clients Throughout the Boston Area Avoid Foreclosure and Save Their Homes Through Chapter 13 Bankruptcy

With many years of experience, our lawyers can guide you through the process and help you make a fresh financial start while preserving your home.

Most people fall behind in their mortgage payments because of unexpected changes in their circumstances. They may be laid off from their jobs, or become ill or disabled and unable to work. Chapter 13 bankruptcy gives individuals the ability to catch up on the mortgage arrearages caused by their unemployment or illness.

If you have sufficient income to make regular mortgage payments, plus a payment plan sufficient to bring your mortgage arrearage current over 60 months, the bank cannot foreclose on you. For example, if you are $12,000 behind in your mortgage payments but can make your ongoing regular payments plus $200 per month to address the arrearage, you can stop foreclosure by filing a Chapter 13 bankruptcy.

A Chapter 13 bankruptcy filing may also allow you to strip off a second mortgage on your home, giving you additional funds to make the payments required by your plan. Many homeowners can become current with their first mortgage and repay non-dischargeable debt such as student loans and back taxes. In short, a Chapter 13 bankruptcy allows you to avoid foreclosure while addressing debt that must be repaid.

Automobile Repossession in Massachusetts
Has Your Automobile Fully Be Repossessed Or Are You Currently Defending a Deficiency Lawsuit?

Few things can be as depressing as having your car repossessed. We can help. It’s likely in the event that you act fast, to get your vehicle back. If a lawsuit was filed against you – you need to act quickly. In Massachusetts, you have 20 days to file an answer or a judgment could be entered against you. Make certain to save all records you receive relating to the automobile and the repossession and if you had records about the purchase of the car in the glove compartment, be certain to retrieve them.

Your Rights Regarding Car Repossession
Prior to your car is repossessed, the lender must provide note entitled”Rights of Defaulting Buyer under the Massachusetts Motor Vehicle Installment Sales Act.” You’ve got 21 days after the noticed is mailed to you (not when you get it) to cure the default on your vehicle loan before the lender can repossess your car.

Following your car is repossessed the bank has to give notice entitled”Notice of Plan to Sell Property” If the lender takes possession of your vehicle, you may get it back by paying within 20 days of the repossession (I) the full amount of your loan also (ii) any reasonable expenses incurred by the lender.

In case you had personal possessions at the car when it was repossessed, you have the right to get those items back at no cost. You can not be charged a fee for the return of your own possessions by the repossession company. This is a violation of the Fair Debt Collection Practices Act (FDCPA) and is a unfair an decptive act under Massachusetts General Law, Chapter 93A (“the $25.00 administrative fee charged by the [repossession company] and compensated by the plaintiffs for the return of private property of the plaintiffs located in the repossessed vehicle… represents an unfair and deceptive act or practice.”)

If you do not regain your car after repossession, the vehicle will generally be sold, and the lender will come after you for the difference between that which has been obtained by selling the car and what you owe on the contract. This could result in you thousands of dollars to the lending company. That’s why it’s important to acquire a lawyer to go over options and your rights.

I am being sued on a deficiency balance. What if I do?
Do not ignore the litigation In case you have been sued after repossession! Seek a consumer lawyer well before the 20 day deadline to answer the complaint goes, or you might lose your rights.

Don’t assume that you have no defenses, because many lenders have sent out post-repossession finds and a defective pre and can not collect any money. Give us a call to determine if your pre or post-repossession finds were faulty, or if you have other defenses.

Chapter 13 Bankruptcy Filing for Chapter 13 Bankruptcy protection is a potent instrument if your vehicle was repossessed and you don’t have the money to pay the bank or to remove a lack balance. If your vehicle was repossessed and has not been sold, you might be entitled to get your car back. Once you file for Chapter 13 bankruptcy protection your lender must return the vehicle to you personally – immediately!

As part of your Chapter 13 reorganization plan, you may also be in a position toreduce the interest rate or”cram down” to decrease the equilibrium of your loan to the value of the vehicle and take up to 5-years to pay off the new balance irrespective of how much you owe on the loan. In Massachusetts automobile repossessions are performed . The law frequently breaks after, before, and through the procedure. Massachusetts has.

Experienced Divorce, Bankruptcy, Real Estate, & Family Law Attorneys Based in Braintree, MA

Our team of experienced attorneys has been providing effective, trusted legal counsel for overcoming financial difficulties and family disputes to individuals, families, and businesses in the Metro Boston area for over 25 years.

Helping Your Family Through Rough Times

Divorce, child custody, and other family law matters are highly personal. 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.

Providing Comprehensive Real Estate Services

When handling real estate transactions, precision is key. Over the years, our firm has gained a reputation for providing skilled, thoughtful representation to lenders, buyers, sellers and other attorneys throughout the region. You can trust us to handle your real estate matter with efficiency and accuracy.

Protecting Your Interests During Civil Disputes

During family law, real estate, business, and other civil disputes, important rights are on the line. Having a skilled litigator in your corner is the best way to protect your interests. At Nashawaty & Rand, our lawyers are aggressive in the courtroom and tough at the negotiation table. We will stand up for your rights and fight for your interests.

Find The Financial Relief You Deserve

Debt can weigh heavily on your shoulders. At Nashawaty & Rand, we will remove that burden. Our attorneys will help you eliminate your debts, stop creditor harassment and regain control of your finances through bankruptcy.

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Bankruptcy Boston Attorney

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We offer free initial consultations.
To schedule yours, call our office at 781-848-8545.

Nashawaty & Rand Lawyer

Are you ready for that fresh financial start? Our bankruptcy lawyers in Boston Can help!

Are You at Risk of Losing Your
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For over 25 years, we’ve successfully fought to
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