Massachusetts Bankruptcy Blog

Bankruptcy and debtor issues.

Author: Michael Goldstein practices at Goldstein & Clegg in Lynnfield, Mass. and is of counsel for the Mazer Law Group, also in Lynnfield. He also authors The E-Legal Lawyer and Employment Law Blog.

Blawg Related Categories: Bankruptcy Law • States • Massachusetts • Solo / Small Firm

Recent Posts from Massachusetts Bankruptcy Blog

Why Mortgage Companies Consider Short sales
A short sale, also called a distress sale, is when the homeowner’s property has been devalued below the mortgage leaving a shortage between the current market value of the property and the present mortgage on…
Creditors do not have an automatic right to accelerate debts
Pursuant to the U.S. Bankruptcy code, subsequent to a debtor filing a chapter 7 or 13 bankruptcy, they are unable to obtain another discharge of unsecured debt for 8 years. As such, many debtors believe…
Mortgage Forgiveness Relief Act of 2007
The U.S. real estate boom of the past ten years has seen homeownership rise from 65% to 69%. Unfortunately with the market cooling the value of real estate is plummeting leaving homeowners holding mortgages that…
Emotional Distress Damages Awarded for Creditor Violations of the Automatic Stay
Emotional damages qualify as “actual damages” under the Bankruptcy Code provision authorizing recovery of actual damages for the willful violation of automatic stay. Fleet Mortg. Group, Inc. v. Kaneb, 196 F.3d 265, 35 Bankr. Ct.…
Avoiding Foreclosure
In these economic times the percentage of foreclosures in America is on the rise. The homeowner who is facing foreclosure of their primary residence has several options in an attempt to avoid foreclosure. They can…
Protecting debtors from failure to hire, promote or termination
The stigma of filing bankruptcy has stopped many debtors who rightfully and propably necessarily need to file bankruptcy. The truth of the matter is that filing bankruptcy is a right granted to all Americans by…
Massachusetts Foreclosure Statue Unconstitutional?
It is my contention that certain Massachusetts laws regulating foreclosure of homes do not meet the standard set by the due process clause of the 14th and 5th Amendment of the Untied States Constitution. More…
CAN DEBTOR HAVE A SAY IN VALUE OF THEIR HOME
If one files for bankruptcy, the trustee may have to sell the debtor’s home in order to allow the debtor pay off his debts. This applies no matter if the home is freehold or leasehold…
EMOTIONAL DISTRESS DAMAGES FOR VIOLATION OF THE AUTOMATIC STAY
It is permissible for a debtor to claim emotional distress damages if a creditor violates the automatic stay protection of the Bankruptcy Code. Emotional distress is classified as an “actual injury” for which a debtor…
The Effect of Real Estate Liens:
In general, real estate liens have various effects on a debtor. Liens are defined as an interest in a certain property to secure payment of a debt. A lien is typically said to “run with…