Legal Question in Bankruptcy in Massachusetts
Bankruptcy for a judgement against me
My wife and I had a second mortgage on our home which was eventuallly foreclosed upon. We haven't owned the property in about 7 years. The bank has gotten a judgement against us for the amount. They want to garnish her wages and we Ccan't afford that to happen. Right now as it is, we live with her parents along with our 2 children. would not be able to survive if they did that. We cannot afford to pay off this debt. Is there any way I can file bankruptcy and get rid of this debt ?? If not any other suggestions..
3 Answers from Attorneys
Re: Bankruptcy for a judgement against me
Unfortunately, judgments are good for 20 years and from what you described, the best way to rid yourselves of this financial burden is through a bankruptcy filing. Please call my office I would be happy to discuss this with you. You may want to consider acting sooner rather than later because anticipated changes in the bankruptcy code could make it more difficult to discharge debts.
Re: Bankruptcy for a judgement against me
Chances are, yes. But, whether you can file bankruptcy, and which chapter of relief you would be able to seek relief under is something only an attorney can tell you after looking at all of the facts of your situation. This includes: income, expenses, debt and assets. Get to a bankruptcy attorney before they start garnishing your wages.
Good luck!
Re: Bankruptcy for a judgement against me
Yes, you can file a bankruptcy case. HOWEVER, because bankruptcy is a "comprehensive" remedy for financial problems, you have to include all debts, not just a particular debt. Also, you must disclose all of your property interests. For that reason, it is best to review your debts and property interests (assets) with a lawyer so that you can protect as many of your assets as possible while still getting the financial relief you need. There are major changes in the bankruptcy laws taking effect in a few months, so if you think you want to file, call me or another experienced bankruptcy attorney soon! Best wishes, David Baker