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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. |