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Boston Bankruptcy Attorney
helps you get a financial fresh start! |
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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 Baker, your debt
relief agent! Skip to main content Skip to navigation
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