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Your decision whether to file bankruptcy and under which chapter to file depends on your particular circumstances. In general, Chapter 7 is appropriate when the Debtor has insufficient income to pay a portion of his/her debts, and the Debtor is not seeking to keep non-exempt property. Otherwise, if the Debtor has an income or property and can afford to repay at least some of his/her debts, Chapter 11, 12 or 13 may be appropriate, depending on whether the Debtor is an individual, partnership, corporation, or a family farmer. The decision whether to file a bankruptcy case and under which chapter is an extremely important decision and has tremendous financial impact. This decision should be made after obtaining expert advice from a bankruptcy attorney.

No. Please pay close attention to the address of the location of the Meeting of Creditors. In Boston, the meetings are held in the same building as the Court but on a different floor. In Worcester and Springfield, the meetings are held in a separate building. Also, the Meeting of Creditors for certain chapter 7 cases in Eastern Massachusetts are held in Brockton. The Bankruptcy Code prohibits the Court from attending or presiding over the meeting

A discharge order issued by the Court permanently prohibits creditors from taking action against a debtor personally to collect debts incurred before the filing of the bankruptcy petition. The discharge does not prevent secured creditors from seizing collateral if payments are not kept up. The discharge does not prevent collection of debts incurred after the filing of the bankruptcy. Some debts are not dischargeable, and some debts are not dischargeable under certain circumstances. Some examples of debts that may not be discharged include: certain taxes and fines, debts not listed in your bankruptcy, alimony, child maintenance or support, debts from willful and malicious injury to another, debts created through fraudulent conduct or by providing false information to a creditor. For a complete list of non-dischargeable debts, review 11 U.S.C. Section 523 (as it applies to all Chapters) and Section 1328 (for Chapter 13 cases).

All Chapter 13 debtors must complete a personal financial management course . This course is in addition to the required credit counseling briefing you were required to complete prior to filing your bankruptcy. Your attorney will provide you with the information you will need to attend and complete this course requirement. If you do not complete the personal financial management course you will not receive a discharge from the Bankruptcy Court even though you may have made all required Plan payments to the Trustee.

Absolutely, positively. You need to disclose all assets or rights or claims to property. Let us then analyze the applicable exemptions that may apply to that property.