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Category Archives: Law

Keeping the Power On: Utility Bills in Bankruptcy

It is probably no surprise that my clients sometimes are struggling with their utility bills.  A New England winter (particularly this past one) can cause even those of us not in financial crisis to stress over the cost of heating our homes.  For those already struggling with medical bills, credit card debt or an out of control mortgage…Continue Reading

Fees! Fees! Fees! Bankruptcy is getting more expensive!

One of the questions I often hear from people — typically, not my clients actually, but from people who ask about what I do — is “how do people pay an attorney, when they are bankrupt?” Admittedly, it is often a challenge. I am somewhat in control of what I charge — though I need to…Continue Reading

Mortgages in Bankruptcy

It happens all the time.  People come into my office and sit down and the first thing they ask is what will happen to their house if they file for bankruptcy. Chalk it up to another example of the myths and misinformation that persist about bankruptcy.  I have so many people — lawyers even — that seem to…Continue Reading

When should you talk to a bankruptcy lawyer?

Over the years I’ve noticed one consistent theme among the people who sit down in my office to talk about the their options in dealing with their debt:  they almost all wait way too long to call me.   Far too many people struggle for far too long with their unmanageable debts, before ever doing…Continue Reading

The Discharge in Bankruptcy

Recently, I have had a number potential clients call to ask me whether it is legal for a creditor to exercise a lien after a discharge in bankruptcy.  The gut response to anything related to the idea of whether a creditor can take something from you after discharge is a resounding, “NO WAY!”  However, the…Continue Reading

Recording Title Means Something in Bankruptcy

Whenever I meet with clients I begin my inquiry not by getting a firm grasp of their unsecured debts, but by trying to understand just what the client owns – even if ownership is somewhat in doubt.  Bankruptcy — and personal bankruptcy in particular — is all about allowing a person to shed those bad and unsecured…Continue Reading

The “Bankruptcy Estate”

A big challenge for me, and I suspect for all lawyers, is to be cautious when using “our language” with unsuspecting clients.  At every consultation I am careful to define things like “automatic stay” and “discharge”.  Still, there are some terms I will throw around without thinking twice.  Recently I noticed a client’s quizzical look…Continue Reading

The Meeting of Creditors

About 4-5 weeks after filing your bankruptcy case, you will be required to appear at a public meeting with your bankruptcy trustee (See 11 U.S.C. § 341(a)) sometimes called the “Meeting of Creditors” or “341 Meeting”). The meeting of creditors is open to the public and ALL CREDITORS and other parties are invited to attend.…Continue Reading

“What happens to my mortgage in bankruptcy if I have not been paying?”

If your goal is to keep your house and you are behind on your mortgage, you will likely need to file a Chapter 13 bankruptcy. A Chapter 13 bankruptcy plan will need to propose a payment that is, at a minimum, sufficient to pay off all of your pre-petition mortgage arrears in no more than…Continue Reading

The Law Offices of James Wingfield is proud to be a debt relief agency. We help the individuals, families and small businesses of the Worcester area file for bankruptcy relief under the United States Bankruptcy Code. The Law Offices of James Wingfield serves Central and Western Massachusetts clients in Worcester County, Hampden County, Hampshire County and Middlesex County including Worcester, Shrewsbury, Springfield, Westborough, Southborough, Framingham, Northampton, Natick, Amherst, Fitchburg, Leomister, Douglas, Uxbridge, Gardner, Belchertown, Holyoke, Wilbraham and Chicopee. The information contained and obtained in this website does not, nor is it intended to be, legal advice. Contacting us, be it through this website, via email of by telephone does not create an attorney-client relationship. An attorney-client relationship is only created upon execution of an engagement agreement or fee agreement.