FAQs

Smeloff & Associates

  • What types of bankruptcy do you handle?

    Our firm focuses on assisting individuals and families with Chapter 7 and Chapter 13 bankruptcy filings throughout Massachusetts. We will evaluate your financial circumstances during your consultation and identify which bankruptcy option may offer the most effective debt relief for your situation.

  • What is the difference between Chapter 7 and Chapter 13 bankruptcy?

    Chapter 7 bankruptcy is structured to discharge eligible unsecured debts including credit card balances, medical expenses, and personal loans. Chapter 13 stops foreclosure= & allows you to get caught up over 5 years interest free.

  • Will bankruptcy stop creditor harassment?

    Yes. When a bankruptcy case is filed, an automatic stay generally takes effect. The stay of execution is a court order stopping all further collection activity by the creditor.

  • Can bankruptcy stop a foreclosure?

    Yes. A Chapter 13 will immediately stop a foreclosure auction to allow to keep your home and pay arrears over 5 years interest free, or allow you to make other plans such as sell the home.

  • Will I lose my home if I file for bankruptcy?

    No, in Massachusetts the homestead provision protects your home. Our office will have a homestead that protects your home.

  • Can bankruptcy stop wage garnishment?

    Yes. Filing for bankruptcy typically stops most wage garnishments right away through the automatic stay, allowing you to keep your earnings.

  • How quickly can I file for bankruptcy?

    The timeframe depends on your individual circumstances. When facing urgent matters such as foreclosure, repossession, lawsuits, or garnishments, bankruptcy can frequently be filed promptly once we have the necessary information.

  • What debts can be eliminated through bankruptcy?

    Numerous unsecured debts may be discharged, including credit card debt, medical bills, personal loans, collection accounts, certain judgments, and deficiency balances following repossessions. However, some obligations such as recent tax debts, child support, and certain student loans may need further evaluation.

  • Can bankruptcy help with medical debt?

    Yes. Medical expenses are one of the most frequently discharged debt types in bankruptcy proceedings. Many of our clients rely on bankruptcy as an effective remedy for unmanageable healthcare-related debt.

  • Can bankruptcy eliminate credit card debt?

    In the majority of situations, credit card debt can be fully discharged through Chapter 7 bankruptcy or reorganized through Chapter 13.