It is stated that all the Judges have received from the Massachusetts Association of Family Conciliation Court a pamphlet regarding shared parenting.  Some of those things that are factored in that provide the courts that may seem straight forward, but the children do best when both parents have a stable mean for involvement with their […]

With student loans in terms of being discharged, it is under something called “Tortality of Circumstances Test and the Brenner Test” The Brenner Test in order to show undue hardship the debtor must show inability in current level of income or expenses to maintain a minimal standard of living and the likelihood that this inability […]

Generally, student loans are exempt from discharge and bankruptcies under 11 USC 523(a) 8, unless accepting such a debt from discharge would impose an undue hardship on the debtor or the debtor’s independence.   What ends up happening is that the burden of proof is on the debtor’s undue hardship and an undue hardship is […]

Generally in Massachusetts there is a bigger definition, but it is generally 18 or up to 23 years old for full time students.  The Courts looks at whether emancipation has occurred as a question of fact; and what they will look at is looking at the relevant facts and circumstances surrounding each particular case.  There […]

There are a lot of issues about whether or not on a Complaint for Modification there should be Temporary Motions.  A Complaint for Modification means where there is a material and substantial change in circumstance and the Judgment Modification is necessary.    There is one general law, Mass General Laws c. 208 Section 24; which […]

         A lot of people think that if you file a Chapter 7 Bankruptcy that it will automatically ruin your credit for 7 years.  This is not true.  Generally, a Chapter 7 will only affect your credit for 1 year and after that, if you are doing what you need to do you can be […]

            Generally, people want to file a Chapter 7 because it is simpler and less expensive and gets rid of the debt immediately.  However, one real advantage to a Chapter 13 is if you are behind on a secured loans; particularly, such as a house or a car loan, that you can catch up with […]

           Generally, most attorneys will give you a flat fee that either adds on or includes a $306.00 filing fee that the attorneys would pay for with their credit card.  Chapter 7 Bankruptcies range in terms of, if it is a Joint Petition or Individual Petition and how many creditors and what the involvement is and […]

There are certainly advantages and disadvantages to filing Bankruptcy.  Most people that are considering filing for Bankruptcy have issues with their credit and credit scores already.  One of the things about a Bankruptcy is that it gets rid of the debt in the Chapter 7 in approximately 3 to 4 months and you have that […]

Under a Chapter 13 Bankruptcy, it is different than a simple Chapter 7 Bankruptcy.  However, Chapter 13 does allow you to get rid of debts like medical bills, bank loans, credit cards and loans, finance company loans.  However, instead of getting rid of it immediately, like it occurs in a Chapter 7, you have to […]