Yes, landlords are permitted to run credit checks on potential tenants and are permitted to turn down applications if you have a low credit score as a result of bankruptcy. This is because it is possible that you are a risk of non-payment for the landlord.
One way to avoid this problem is to secure housing before [...]
Boston Bankruptcy Attorney Answers Chapter 7 & 13 Bankruptcy Questions
Category Archives: Chapter 7
Can a landlord turn down my rental application if I have filed for bankruptcy?
Will tenancy by the entirety protect my property?
A tenancy by the entirety is a property ownership where each spouse owns the entire estate. Therefore, neither spouse can deal with the property independently of the other. One advantage of this is that if one spouse files for bankruptcy and the properties in question are under both spouses name, then that property will be protected [...]
Is there a minimum amount of debt I must owe in order to file for bankruptcy?
No there is not a minimum amount of debt that you must owe in order to file for bankruptcy. However, it is important to make sure that you are confident that your financial situation is not a temporary one before you consider bankruptcy. Bankruptcy should be used only when debt is beyond your ability to repay.
One [...]
Will bankruptcy effect my utility services?
No, filing for bankruptcy would not authorize any utility company from shutting off your services. However, you would have to keep paying your utility bills. If you are unable to pay your bills, Massachusetts law prohibits utility companies from terminating their services in particular situations and at specified times during the year.
Massachusetts law prohibits utility [...]
Tax Implications of Debt Forgiveness
Debt forgiveness occurs when your bankruptcy case is closed, upon foreclosure, or short sale of a primary residence.
If your home is underwater and is given up in foreclosure or sold as a “short-sale,” the IRS will issue a 1099-C and come after you for the deficiency because debt you no longer have to pay back [...]
Can same-sex spouses file for joint bankruptcy petitions?
Bankruptcy is a federal proceeding and same-sex marriage is not recognized on a federal level (yet). Therefore, same-sex spouses cannot file joint bankruptcy petitions.
One significant drawback to this is that the cost of two bankruptcy cases will obviously be higher than for one case. However, same-sex spouses tend to have less joint debt than heterosexual [...]
What is the effect of bankruptcy on eviction proceedings?
When you file for bankruptcy, the “automatic stay” goes into effect immediately and halts nearly all collection attempts against the person filing for bankruptcy. Once your Chapter 7 or Chapter 13 bankruptcy is filed, your landlord may not proceed with an eviction attempt under certain circumstance.
However, more than likely, your landlord will file a motion to [...]
Should I transfer real estate before filing for bankruptcy?
Although transferring ownership to your spouse or child may sound like a good idea, you should be extremely careful before transferring real estate or other property just prior to filing for Bankruptcy. This is because it may be considered a fraudulent conveyance. The federal bankruptcy Trustee will review your bankruptcy petition as well as any real estate [...]
What Happens If I Left Out Listing Some Creditors During Bankruptcy?
If you have what we categorize as a “no-asset” (means that the debtor has no money left over in the bankruptcy estate that the Trustee or creditor can claim) case in a Chapter- 7 Bankruptcy in the Greater Boston area, and you miss some creditors, chances are that your debts will be forgiven in Bankruptcy, [...]
What Happens if I Take Money Out of My Retirement Account During Bankruptcy?
Retirement accounts fall outside of bankruptcy in the Greater Boston Area. This means that the bankruptcy trustee cannot touch it for up to $1,050,000.
Once some money is taken out however, then the net amount left over after fees and taxes will be included within the bankruptcy estate and the trustee can touch it to pay [...]
