Smeloff & Associates Blog | Milton, MA

Smeloff & Associates

Fri, 06 Feb 2015 12:25:00 GMT

Welcome to Smeloff & Associates, the largest bankruptcy law firm in Massachusetts by cases filed that gets results. We proudly serve Milton (Braintree split area), Fall River, Hyannis, Kingston, New Bedford, Taunton and Worcester, MA, and the surrounding areas. We have several offices located throughout the state to best serve our clients. With more than two decades of experience as bankruptcy attorneys, you can rest assured that we can help you gain control of your debt and attain financial stability.

At Smeloff & Associates, we focus our practice on bankruptcy so we can help our clients to get the best outcome for their cases. Whether you are trying to stop foreclosure, eliminate liens and judgments, stop vehicle repossessions, or end wage garnishment, we can provide you with the right legal assistance. Speak with a debt relief lawyer today to see how you can put bankruptcy to work for you.

After your initial consultation, we will determine whether you qualify for Chapter 13 or Chapter 7 Bankruptcy. From there, we will assist you with filing for bankruptcy, and taking steps in the direction of financial freedom. With help from Chapter 7 or Chapter 13 bankruptcy attorneys, you can be free from the burden of debt and start fresh. In fact your credit report is wiped clean of all negative past history!

Schedule an appointment

Contact us to schedule an appointment for a consultation by calling 1(800) 449-1979. Fill out the form below or give us a call today to find out how we can help you take steps to financial stability for you and your family.

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Bankruptcy Court Orders Creditors to Pay $10,000 in Punitive Damages to Person in Bankruptcy

Mon, 19 Jan 2015 06:25:00 GMT

The Bankruptcy Judge ordered that the creditors had acted against the person in bankruptcy without the court’s permission. Specifically, this demonstrates the power of the Bankruptcy Court’s protection of people filing bankruptcy to be sure “bankruptcy protection” is the basis of this federal law.

The idea is to help people in debt and protect them from creditors. Many times people believe that bankruptcy is a “negative” – nothing could be further from the truth! Bankruptcy eliminates debts, wipes your credit report clean and protects you from the actions of creditors.

Once your case is filed, the court enforces a stay of execution, which is essentially a cease and desist order. This means creditors harassing calls are required to stop. In addition all collection activity must cease and violations are strictly enforced.
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In this case the court found the creditor’s violation to be worth a $10,000 contempt judgment payable to the client.

The Mortgage company, Nationstar, continued to file motions against the client in a state court action after the Bankruptcy Chapter 13 was filed.

The post Bankruptcy Court Orders Creditors to Pay $10,000 in Punitive Damages to Person in Bankruptcy appeared first on Smeloff & Associates - Massachusetts Bankruptcy Lawyers .

Smeloff & Associates Consumer Bankruptcy News Article

Wed, 03 Dec 2014 10:09:00 GMT

Bankruptcy’s strong protection of people in bankruptcy results in a large judgment against a creditor requiring payment of $27,483 to the person in bankruptcy.

A nurse took out a “payday loan for $575 from CIC (check into cash of Washington, Inc.). The way these loans work requires the borrower to post-date a check back to the lender to secure the loan. Before the loan was due, the nurse decided to file for bankruptcy and notified CIC of same and advised them not to cash the check. She then filed for bankruptcy.

CIC failed honor the bankruptcy’s automatic stay of execution and cashed the check after making a series of harassing phone calls to the nurse at work in violation of the automatic stay of execution.

The bankruptcy lawyer sued the payday loan company for damages, emotional distress, punitive damages, costs and attorneys fees. At trial the bankruptcy court found a willful violation of the automatic stay and awarded $27,483 to the nurse!

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MA Bankruptcy Attorney

Wed, 09 Apr 2014 14:53:00 GMT

Smeloff & Associates

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Massachusetts Bankruptcy Blog, By Attorney Richard Smeloff

Tue, 23 Oct 2012 16:23:00 GMT

Bankruptcy: The Real Deal

I don’t think there is another subject besides politics, religion or stocks that is as rife with wives tales, misconceptions, misinformation or people that are just plain wrong. I had this client who moved here from Egypt who was deeply in debt and thought he would go to jail. I explained that this is America and detailed how the Bankruptcy laws would help him. Among other things he could keep his house, fishing business, vehicles etc. He was so thrilled he wanted to kiss me. Not necessary, really, check or money order will work. Several days later he called me in a panic literally screaming into the phone. I said where did you get this information? Oh he said my barber told me! Well I said, you don’t want me to give you a haircut and you shouldn’t be taking legal advice from the barbershop.

I have been helping people file for bankruptcy since 1995. We have grown to become the largest bankruptcy firm by cases filed in Massachusetts. We aren’t blue blood legal scholars with bow ties but we are on the front lines every day helping families with serious financial problems keep their homes and raise their children. I have seen it all. Like an emergency room doctor on a 24 hour shift or an assistant district attorney in a big city criminal court.

Bankruptcy: The Real Deal: In short this is being written the same way I counsel my clients every day. There is no canned speech. Sometimes I will just start by responding to questions. Sometimes I start by asking the questions but one way or another we cover what the client wants and ultimately needs to know.

Bankruptcy Myths: Does filing bankruptcy ruin my credit for 7 years? Negative. In fact in most cases your credit will improve! By the time most people sit with me they have months of missed mortgage payments, car payments, and completely defaulted on their credit cards. The credit reporting agencies ding you each and every month you are late. Ding, ding, ding they ring your bell. When I file your bankruptcy case I ring their bell and knock them out right off your credit report. You start off fresh, with a clean slate. So every payment you make is a plus in your favor. Why do you think 1.6 million people file every year?

Why do you think the credit card companies and big fat cat bankers spent $100 million lobbying Congress to change the laws to limit you to one bankruptcy every eight years? I have had many clients come back after a few years to file again. They want to lend you the money even if you have filed bankruptcy before. Why? Because these companies are like drug pushers. Seriously. They want to lend you money at high interest and lock you into payments forever. Anyone who has ever had a credit card has had the frustrating experience of making payments yet the balance doesn’t change! If there is anything I have learned in life it is that the best way to predict human behavior is that humans will always act in their own best interests. The same applies to companies. Think of this, these corporations don’t manufacture anything, they don’t serve you a meal or fly you somewhere. They lend you money that they borrow from investors at 2 percent interest and lend it to you at 29 percent. Yeah, they do that. Yes they do. Surprised? They get back $129 for every $100 loaned for a year. Scale that up to millions and billions. The profits blow your mind. Outrageous? Maybe. Predictable? Absolutely. This is the real deal.

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Bankruptcy Myth #2: Will I lose my house if I file bankruptcy

Tue, 23 Oct 2012 15:37:00 GMT

I am driving to the office yesterday and it is Monday morning and the rain is coming down in torrents and the Boston traffic speaks for itself. I am stressing about all of the things that need to be taken care of including writing this blog. I take a call from a new client and hear her out and advise what Smeloff and Associates can do to assist her. Then I take another call from a first time caller. I am shaking my head at the needless suffering by good people, and how easy it is under the Bankruptcy Law to fix the problem.

So lets take these two calls and use them as an example. Real people, real problems. First there is Susan from Worcester (not her real name). She is 6 months behind on her mortgage ($14,000) and has $35,000 in delinquent credit card debt. The Bank has scheduled an auction for her house in 2 weeks. She has 3 children in high school and her elderly mother lives with her. She is understandably in tears.

Solution: We will file a Chapter 13 reorganization under the federal bankruptcy code. Specifically, upon the filing there is an automatic stay of execution which prohibits the bank from foreclosing. Then we prepare a plan of reorganization that provides Susan 5 years to pay the mortgage arrears without any interest, late fees or penalties. The plan will pay her delinquent credit cards at 1 percent over 5 years. That is correct, one percent or $350 of the $35,000 total. Grand total payment to keep Susan and her family in their home and get rid of her debt: $299 per month for 60 months. I don’t make this stuff up. It’s the law, federal law that is written by your Congress! Score 1 for the good guys 0 for the bank. Susan keeps her home.

The next caller is Jeffy (not his real name). He is in a panic over his credit card debt. He had a job loss but he is back to work as a videographer for a nature education company. Jeffy has a daughter in college and has struggled to help her with tuition. His wife is at home in a wheelchair due to a car accident. His credit cards are delinquent and maxed out at over $70,000 and he is being sued by American Express. He wants to file bankruptcy but fears he will lose his modest home which is valued at $325,000 with a $175,000 mortgage.

Solution: Smeloff and Associates will file a Chapter 7 Bankruptcy for Jeffy and eliminate all of his debt. He has a homestead on his house which under Massachusetts law gives him an equity exemption of $500,000. Thus, he keeps his home and discharges $75,000 in credit card debt. American Express will be required to dismiss their lawsuit against him and go away forever.

End of story. Score 2 for the good guys and 0 for the banks.

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Bankruptcy Myth #3, 4 & 5…

Tue, 16 Oct 2012 16:15:00 GMT

Bankruptcy Myth #3: I don’t need to file bankruptcy because eventually the bill collectors will forget about me and leave me alone…

Unfortunately, they are becoming even more devious at collecting their money. In today’s NY Times on the front page (Wednesday, April 25, 2012, I don’t make this stuff up) bill collectors are infiltrating hospitals and approaching people at their bedsides to collect monies owed!

So, your wife goes into labor you rush her to the hospital, she is being attended to by hospital staff and hello! The man from the billing department wants to know when she’s going to pay an old bill that was not covered by your insurance due to a deductible.

Yes, this really happens!

Bankruptcy Myth #4: My friends and neighbors will find out about my bankruptcy.

Answer: Only if you tell them. Bankruptcy filings are not publicized.

Bankruptcy Myth #5: I have to take a class before I can file bankruptcy. Not completely false. But, it’s not a class. You can do a phone briefing or do it on your computer. It only takes a half hour.

WE’RE NOT PERFECT, but we working on it 24/7. Over the weekend I had a new client call the office on 1 800 449 1979 for information. It was 8:30 am Saturday. The client works nights at a hospital in Plymouth Mass. She just got home and was going through her bills and after totaling them up she felt that sinking feeling and called us. I am always glad to take these calls. It is a great feeling to be able to deliver the news that will quite literally change her life. That the months and months of agonizing over her bills is over. The guilt. The self doubt. The fights with her husband. Waking up at night wondering what she was going to do.

Annemarie is a mother of 8 children. Her husband is a school teacher and she is a CNA. They have been paying more on their credit card payments than on their mortgage payment each month. They owe over $65,000 on half a dozen cards. Sometimes she has to cut back on her prescription medicine because she can’t afford the co-pay. She doesn’t tell her husband because she doesn’t want to upset him. She feels guilty for working overtime and can’t spend time with her 8 kids. Luckily, they are not behind on the mortgage.

This family deserves a break. The Bankruptcy Law will give them the break they need with no long term effect. I know that’s counterintuitive. Filing bankruptcy with no long term effect? Yes. I don’t make this stuff up. Our law firm files more bankruptcies in Massachusetts than any other law firm. We have helped thousands of people and see the results. Your credit report is wiped clean of all delinquent charges and records following the filing of your case. Then all further payments such as car loans and mortgage payments are shown as positives on the report. You start fresh. Like your are 18 again.

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