Massachusetts Bankruptcy Lawyer

Potential bankruptcy filers who are working should be aware of any court actions against them and what the current status of those actions are. The reason is that any lawsuits may after service upon the named defendant be brought to judgment, even if the case is contested. Once a lawsuit has been brought to judgment, it is only a matter of time before the collection lawyers receive a court order for attachment on the defendant’s wages. This defendant then would want as soon as possible before having their wages garnished to be a bankruptcy debtor in order to discharge the debt that is the subject of the lawsuit. Named defendants in such cases want to be sure that the appropriate civil procedure for the jurisdiction has been followed as regards service of process upon them and their answer to the complaint. A qualified bankruptcy practitioner in their jurisdiction can then help the defendant get a discharge as a bankruptcy debtor.

The question of whether a particular debt is dischargeable may arise with domestic support obligations. These debts include not only child support and alimony, but could also include a credit card balance required by a family court order to be paid by a person. This account would be listed as an unsecured priority debt on Schedule E of the bankruptcy petition and would not be dischargeable in bankruptcy. The reason is that an existing family court order not yet modified otherwise cannot be vacated by a subsequent bankruptcy filing. Of course, this is a general principle as family law varies widely from one jurisdiction to another. Consult first with a licensed family lawyer in your jurisdiction and then with a qualified bankruptcy practitioner in the area in order to determine your rights.