Best Bankruptcy & Debt Lawyers in Braintree

About Bankruptcy & Debt Law in Braintree, United States

Braintree is a municipality in Massachusetts, so residents and businesses there are subject to federal bankruptcy law and to state statute and practice in Massachusetts. Consumer and business bankruptcies are handled through the U.S. Bankruptcy Court for the District of Massachusetts. Bankruptcy is a legal process designed to give debtors a fresh start or to reorganize debts when they cannot meet current obligations. Typical options for individuals are Chapter 7 liquidation and Chapter 13 repayment plans. State law and local court procedures affect exemptions, timelines, and certain creditor rights, so local advice is important.

Why You May Need a Lawyer

Bankruptcy involves federal procedure, local court rules, and state law on property exemptions and creditor remedies. You may want a lawyer if you are facing any of the following situations:

• Active collection lawsuits, wage garnishment, bank levies, or sheriff levies that you want stopped quickly.
• Foreclosure or imminent repossession of a home or vehicle.
• Difficulty deciding whether Chapter 7 or Chapter 13 is right for your situation.
• Complex assets or multiple types of debt - for example, tax debt, business debt, or significant equity in a home or vehicle.
• Concerns about nondischargeable debts - such as student loans, recent tax obligations, child support, or fraud allegations.
• Need to protect retirement accounts, jointly held property, or co-signed debts.
• Prior bankruptcy filings or special circumstances like recent large transfers of assets.
• Wanting help with paperwork, creditor negotiations, or confirmation of a Chapter 13 plan.

Even when a person can file on their own, a lawyer helps ensure schedules are accurate, exemptions are claimed correctly, and hearings go smoothly. Mistakes can lead to a denial of discharge, dismissal of the case, or loss of property.

Local Laws Overview

Bankruptcy is governed by federal law, but state law and local practice shape important results. Key points that apply to Braintree residents include:

• Federal process - The federal Bankruptcy Code determines the types of cases you can file, the automatic stay that stops most collection actions, and the general framework for discharge. Cases are filed in the U.S. Bankruptcy Court for the District of Massachusetts.
• Common chapters - Individuals most commonly use Chapter 7 for liquidation and discharge of certain unsecured debt, and Chapter 13 for restructuring debts under a court-approved repayment plan lasting three to five years. Small businesses and high-debt reorganizations may involve Chapter 11.
• Means test - Eligibility for Chapter 7 often depends on a means test that compares your income and allowable expenses to state median figures and determines whether your disposable income would reasonably repay creditors.
• Exemptions - Exemption statutes determine what property a debtor can keep. Massachusetts has state exemption rules. Whether you use state exemptions or federal exemptions depends on residency and case-specific rules. Exemptions commonly protect some equity in your home, certain personal property, and many retirement accounts.
• Automatic stay - Once a bankruptcy petition is filed, the automatic stay generally halts collection actions, foreclosure, repossession, garnishment, and most lawsuits while the case proceeds. There are exceptions, such as some tax and domestic support obligations.
• Nondischargeable debts - Certain debts are rarely dischargeable in bankruptcy, including most domestic support obligations, many taxes if recent or not meeting conditions, and student loans unless you can show undue hardship under strict tests.
• Credit counseling - Federal law requires a pre-filing credit counseling session from an approved agency and a post-filing debtor education course in most cases before a discharge.
• Local practice - Trustees, judges, and clerks in the District of Massachusetts follow local rules and standing orders. Meetings of creditors and confirmation hearings follow schedules and procedures set by the court.

Frequently Asked Questions

What are the main types of bankruptcy available to individuals in Braintree?

The main options are Chapter 7 and Chapter 13. Chapter 7 permits liquidation of nonexempt assets to pay creditors and can lead to a relatively quick discharge of eligible unsecured debts. Chapter 13 allows you to keep property and repay debts through a court-approved plan over three to five years. Chapter 11 is available for larger businesses or complex reorganizations, but it is less common for individual consumers.

How do I know if I qualify for Chapter 7?

Chapter 7 qualification uses a means test that compares your household income and expenses to national or state median figures. If your income is below the applicable median, you are generally eligible. If your income is above the median, disposable income and certain deductions are analyzed to see if you would be able to repay creditors. A local attorney or bankruptcy trustee can help you run the test and explain the result.

Will filing bankruptcy stop creditors from calling and garnishing my wages?

Yes - filing a bankruptcy petition typically triggers the automatic stay, which stops most creditor calls, lawsuits, wage garnishments, bank levies, and repossessions while the stay is in effect. The stay is not absolute - certain actions like domestic support enforcement and some tax-collection actions may continue. Creditors may also seek relief from the stay in the bankruptcy court if they have cause.

Can I discharge student loans or tax debts in bankruptcy?

Student loans are generally nondischargeable unless you can prove undue hardship under a separate adversary proceeding, which is a demanding legal test. Some older or specific tax debts may be dischargeable if they meet criteria such as being income taxes for certain years, assessed more than a set number of years ago, and filed timely. A local lawyer can evaluate whether particular tax or student loan obligations might be dischargeable.

Can I keep my house or car if I file bankruptcy in Braintree?

Your ability to keep property depends on the chapter you file and the exemptions you can claim. In Chapter 13, you typically keep property by including arrears and secured debt payments in your repayment plan. In Chapter 7, you can keep property if it is fully exempt or if you reaffirm secured debt and continue payments. Massachusetts and federal exemptions, and how much equity you have, will be critical factors.

How long does a bankruptcy stay on my credit report?

Bankruptcy remains on a credit report for up to 10 years for Chapter 7 and up to 7 years for Chapter 13 from the date of filing. Although it affects credit, many people begin rebuilding credit soon after discharge by establishing steady payments and using secured credit products responsibly.

How much does it cost to file bankruptcy in Braintree?

There are filing fees charged by the bankruptcy court. In addition, many filers pay attorney fees. Attorney fees vary depending on case complexity, chapter chosen, and local market; some attorneys offer payment plans. Fee waivers or installment plans for court filing fees are available in limited circumstances if you qualify based on inability to pay.

Do I have to hire a lawyer to file bankruptcy in Massachusetts?

No - you may file pro se without an attorney. However, bankruptcy involves detailed documentation, strict deadlines, and important legal choices about exemptions and asset treatment. A lawyer helps reduce mistakes that can lead to denied discharge, loss of property, or repeated filings. For complex matters or contested issues, representation is strongly recommended.

What happens to lawsuits or judgments against me when I file?

Most pending civil lawsuits, collection efforts, and judgments are stayed once you file for bankruptcy, meaning the creditor must stop enforcement activities. The lawsuit does not automatically go away - it is paused while the bankruptcy proceeds. In some cases, a creditor may ask the court to lift the stay to proceed on state-law claims.

Where can I get free or affordable legal help in the Braintree area?

Residents with limited income can seek help from legal aid organizations and pro bono programs serving southeastern Massachusetts. Court self-help centers and bankruptcy clerk offices can provide procedural guidance but not legal advice. Certified credit counseling agencies approved by the U.S. Trustee provide the mandatory pre-filing counseling and debtor education. Local bar associations commonly offer lawyer referral services and modest-fee consultations.

Additional Resources

When you need more information or assistance, consider contacting or consulting the following types of resources:

• U.S. Bankruptcy Court for the District of Massachusetts - the local court that handles filings, schedules, and hearings.
• U.S. Trustee Program - oversees bankruptcy administration and maintains lists of approved credit counseling agencies and trustees.
• Massachusetts legal aid organizations - regional legal services programs provide free or low-cost representation to qualifying individuals.
• Local bar association referral services - these can help you find a bankruptcy attorney for a consultation.
• Credit counseling agencies approved by the U.S. Trustee - required for pre-filing counseling and post-filing debtor education.
• Massachusetts state consumer protection and tax authorities - for questions about state-level debt collection, tax obligations, and exemptions.
• Bankruptcy trustee offices and local court self-help centers - for information about court procedures, meeting dates, and filing basics.

Next Steps

If you are considering bankruptcy or need immediate help with debt issues, follow these practical steps:

1. Gather documents - recent pay stubs, tax returns for the past two years, bank statements, a list of creditors and account balances, a schedule of monthly expenses, property deeds or vehicle titles, and any notices from creditors or courts.
2. Complete court-required counseling - schedule and complete the pre-filing credit counseling session with an approved agency. You must have the certificate before filing in most cases.
3. Get a consultation - meet with a bankruptcy attorney for an initial evaluation. Many attorneys offer brief initial consultations free or for a modest fee. Bring your documents and be prepared to discuss your goals.
4. Consider alternatives - an attorney or counselor can review alternatives like consumer proposals, negotiated settlements, bankruptcy alternatives, or debt management plans.
5. File the petition - if bankruptcy is the right step, your attorney will prepare and file the petition, schedules, and required statements with the bankruptcy court and notify creditors.
6. Attend the meeting of creditors - you will attend a 341 meeting conducted by the trustee where you answer questions under oath about your finances.
7. Complete required courses - take the debtor education course after filing to qualify for discharge, if applicable.
8. Follow the plan or trustee instructions - for Chapter 13, make plan payments; for Chapter 7, cooperate with the trustee and provide requested documentation.
9. Rebuild and plan for the future - after discharge, work on rebuilding credit, budgeting, and maintaining insurance and retirement protections.

If you face imminent enforcement actions such as wage garnishment, eviction, foreclosure, or repossession, seek legal advice promptly as prompt filing can activate the automatic stay and may preserve assets. Start by contacting a qualified bankruptcy attorney or a local legal aid program in the Braintree area for tailored guidance.