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Law Office of David G. Baker |
A
dictionary of bankruptcy terms |
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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, nor is
it legal advice; please consult another attorney for assistance with your
particular circumstances since this information is necessarily generic. When I am
practicing, 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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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! ================ 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) or the Bankruptcy Lawyers Network,
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 outside of bankruptcy, 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. Due to my temporary suspension from
practice, I cannot help you. 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 really 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. This link
will take you to a page on 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 some hearings and meetings will be held by video conference,
such as by Zoom; contact the clerk’s office for information. In Worcester, the court is located at 595 Main Street. There is also an office and courtroom in Springfield at 300
State Street. 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 a good choice,
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. ------ 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 a Newsweek article by Ms. Quinn called
"The Case for Walking Away", which you might find interesting or
helpful. Your circumstances may be
different, of course, so consult a lawyer for help. 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. Here
is a link
to the decision. A second case handled by David has been reviewed by the
Supreme Court! He was "second chair" in that case and did not
argue, 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. Here
is a link
to that decision. David is a several-time graduate of Max Gardner's Bankruptcy
Boot Camp! ----------- 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 one of 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 up to five years. It may also be
possible to reduce the amount you owe by forcing the lender to eliminate
improper fees and charges. Consult a
lawyer for assistance. For an overview of Chapter 13,
click here. DROWNING IN CREDIT CARD DEBT? BILL COLLECTORS MAKING YOUR LIFE MISERABLE? While no lawyer can
ethically guarantee any particular result, if you follow the rules and follow
your lawyer’s advice, bankruptcy 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. |
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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. |