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Boston
Bankruptcy Attorney helps you get a financial fresh start! |
A
dictionary of bankruptcy terms |
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Law
Office of David G. Baker Concentrating in
Consumer Bankruptcy |
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Thanks for visiting my website. Because I have
been temporarily suspended from practicing law, I cannot accept any new
clients. The information on this website, therefore, is for information
only and is not an invitation to you to retain me; please consult another
attorney for assistance with your particular circumstances since this
information is necessarily generic. This office is a debt relief agency, as defined by the
Bankruptcy Code, because I have helped people file bankruptcy petitions! |
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Here's
a Table
of Contents for
the other pages in this site. Click on any of these links to go to the
other page: Why filing bankruptcy is a smart move
when financial problems overwhelm. Preparing for your First
Appointment A dictionary of
bankruptcy terms Max Gardner's 36 Things
NOT To Do Before Filing a Bankruptcy Case Bankruptcy is not the
end of the world! ================ This
link will take you to a page in the website of Brad
Botes, a colleague in Alabama. He asked daughter, a student, for her
thoughts on budgeting. Her response is very sensible and worth
considering by adults, too! =============== Some
links of interest: Massachusetts Bankruptcy
Court The
bankruptcy court in Boston is located at 5 Post Office Square, in
Boston. The clerk's office is on the 11th floor, and the Courtrooms are
on the 12th floor. Creditors' meetings (the §341 meeting) and some
court hearings are being held by telephone as a result of the Corona-virus
pandemic, until further notice, although it was recently announced that the
meetings will be held by video conference, such as by Zoom. In
Worcester, the court is located at 595 Main Street, Worcester. There
is also an office and courtroom in Springfield. You may also find
additional information at the Bankruptcy Lawyers Network Please
note that if your financial problem stems from student loans or divorce- related debts, bankruptcy does NOT discharge those
debts, usually. However, discharging OTHER debt can make it easier to pay
student loans or divorce-related debt such as alimony or child support. Bankruptcy
is a highly specialized area of the law. To properly protect your rights, you
need an attorney who knows Bankruptcy. Generally speaking, it is NOT an area
where a general practitioner is acceptable, nor is it one where the least
expensive attorney will do, because making a mistake in a bankruptcy case can
have devastating consequences! Be sure
to contact another attorney for help you with your particular circumstances. ------ Here's
a link to a company that I have found useful for transcribing audio from
court hearings and the like: https://www.freetranscriptions.com/ Welcome! Please
feel free to look around my website. I have tried to design it so that there
is a lot of information - necessarily rather generic, since everyone's case
is different - but still easy to use. I hope you will find it informative and
helpful. IF
YOU HAVE A MORTGAGE FORECLOSURE COMING UP, OR YOU ARE TRYING TO GET A
MODIFICATION OF YOUR MORTGAGE, PLEASE NOTE THE FOLLOWING: 1.
If you are facing a foreclosure (especially if the foreclosure is about to
happen or has already happened) please go to the website for the National
Association of Consumer Bankruptcy Attorneys (click here) and use the attorney finder to find an
attorney near you. Do it now; in Massachusetts, once a foreclosure takes
place, it is very nearly impossible to set it aside, even if it was done
wrongly. Massachusetts law is quite harsh in that respect. 2.
Don't delay just because you think that you're going to get a modification of
your mortgage. Bona fide modifications are difficult and time consuming to
get, and more often than not, they don't tell you that they aren't going to
give you a modification until the very last minute before a scheduled
foreclosure, and then you don't have time to do anything to stop the
foreclosure other than file a bankruptcy case. The federal "HAMP"
program does not require the servicer to modify your mortgage, even if you
are qualified; it only requires the servicer to consider your application.
Suing the servicer afterwards for not giving you a "HAMP"
modification, even if you were qualified, is a difficult case to win, at
best. There may be other reasons to sue the servicer, but suing because of
the HAMP regulations is very problematic. PLEASE
NOTE: Nothing on this page or this website is intended to constitute legal
advice. Your circumstances may be different, so call a lawyer of your choice
to discuss your particular situation BEFORE taking any action and BEFORE you
lose property to creditors. BANKRUPTCY
is not an area of the law where a "general practitioner" will be
able to help you effectively. Like criminal law, there are many nuances and
details that a trained, experienced bankruptcy lawyer will know about. Filing
a bankruptcy case without an attorney or without proper preparation and
investigation can be disastrous. For example, some inexperienced attorneys
will tell you to transfer your property to a relative or friend in order to
protect it from creditors. DON'T DO IT!! That is a sure way to get into
serious trouble, even without a bankruptcy case, and probably isn't
necessary, anyway. The same is true of using money from an IRA or retirement
account; withdrawals generally result in a tax liability. Always
consult a bankruptcy attorney if you are having financial troubles. An honest
bankruptcy attorney will tell you if bankruptcy is NOT the right solution for
you. More about Bankruptcy You
can watch some videos about bankruptcy that were developed by the bankruptcy
court system by clicking here. Click
here to read an article from the New York
Times called "Bankruptcy as a Step Towards Solvency." Here is a link to an article
on the Newsweek website by Jane Bryant Quinn in which she suggests that
bankruptcy may be the best solution for many people. It's a bit dated now,
but still relevant. Here is a link to another
article by Ms. Quinn called "The Case for Walking Away", which you
might also find interesting or helpful. I can help you decide if
bankruptcy is right for you! David
appears to be the first graduate of the Massachusetts School of
Law at Andover to
argue before the United States Supreme Court, and the first bankruptcy lawyer
from Massachusetts to argue before the United States Supreme Court in about
20 years. His client was a consumer debtor, probably just like you! The issue
was whether the statutory right to convert a case from chapter 7 to 13 is
absolute or can be denied in special circumstances. The majority of the
court said No, but because of the 4-judge dissent (including the Chief
Justice), it is generally considered an outstanding result. A
second case handled by David has been reviewed by the Supreme Court! He
was "second chair" in that case, but it was exciting to be in the
courtroom while the justices heard oral argument. It pertained to
whether denial of confirmation of a chapter 13 plan is a "final"
order that may be the subject of an appeal. Again, the court said no,
but it is helpful to have a consistent standard nationwide David
is a several-time graduate of Max Gardner's Bankruptcy Boot Camp! For more
information, click here. You can also click here to see a video about the
Boot Camp from CNN. Thank you to Gene Melchione,
a colleague in Connecticut, for sharing this video. ----------- BOSTON
MAGAZINE:
In the December, 2021, and December, 2022,
issues, David was recognized as a "Top Lawyer" for bankruptcy in
the Boston area. Click here to see the pages.
David
is a member of NACBA and has served as membership co-chair
for Massachusetts. He also was recognized as NACBA's Member of the
Month in August, 2006! FACING
FORECLOSURE OF YOUR HOME? A
Chapter 13 bankruptcy case will allow you to stop the foreclosure, continue
paying the mortgage, and get caught up over a period of years. I may also be
able to help you reduce the amount you owe by forcing the lender to eliminate
improper fees and charges. There is an interesting and well written
article about this at this link. For an overview of
Chapter 13, click here. DROWNING
IN CREDIT CARD DEBT? BILL
COLLECTORS MAKING YOUR LIFE MISERABLE? While
I cannot ethically guarantee any particular result, if you follow the rules
and follow my advice, I can provide you with a financial "life preserver"
and make the phone calls stop. If you've lost your job or gotten sick and
can't pay the credit card bills, a Chapter 7 bankruptcy can prevent creditors
from trying to collect. For an overview of
Chapter 7, click here.
This picture was taken
on November 6, 2006, just outside the Supreme Court Building after David
argued the case of Marrama v. DeGiacomo,
et al. You can read the decisions at this link.
Although the majority ruled against David's client, the fact that four
justices dissented is generally regarded as an exceptional result. |
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Law
Office of David G. Baker Concentrating
in Consumer Bankruptcy. Nothing
on this page or this website is intended to constitute legal advice.
Your circumstances may be different, so seek individualized legal advice
before doing anything. Please remember
that due to the temporary suspension, I cannot help you. |