Best Bankruptcy Lawyers Westfield, MA

Westfield, MA Bankruptcy FAQs

• Where do I file for bankruptcy in Westfield, Massachusetts?

  To file for bankruptcy in Westfield, you need to submit your bankruptcy petition to the United States Bankruptcy Court for the District of Massachusetts. The specific division responsible for handling bankruptcy cases in Westfield is the Springfield Division of the Bankruptcy Court.

• Where can I get bankruptcy forms in Westfield, Massachusetts?

  In Westfield, official bankruptcy forms are available from the Forms section of the website of the United States Bankruptcy Court for the District of Massachusetts. Copies of the complete chapter 7 form packages may also be purchased in the Clerk’s office if you visit any one of the court's divisional offices.

• When should Westfield debtors file for bankruptcy?

  Westfield debtors should consider filing for bankruptcy if they have resorted to a consolidation loan to handle credit card debt, have outstanding taxes owed to the Massachusetts Department of Revenue or the Internal Revenue Service, and have faced unemployment or a reduction in income over the past two years. Self-employed individuals finding it difficult to meet their financial obligations, dealing with overdue alimony or child support payments, and constantly receiving calls from creditors and debt collection agencies should also contemplate filing for bankruptcy.

• How long does bankruptcy stay on public record in Westfield?

  The duration of bankruptcy's presence on the public record varies depending on the type of bankruptcy filed. Chapter 7 bankruptcy, which typically does not involve a repayment plan, remains on the record for 10 years. On the other hand, chapter 13 bankruptcy, which involves repayment of certain obligations as per a discharge settlement, stays on the record for seven years.

• Why are bankruptcy cases in Westfield handled by federal courts and not by Massachusetts state courts?

  Westfield bankruptcy cases come under the jurisdiction of federal courts because they are governed by federal law and fall within the purview of the federal court system. This structure is in place because bankruptcy law is predominantly rooted in the U.S. Bankruptcy Code, a federal statute enacted by Congress.

• How is the means test administered to assess the eligibility of a Westfield debtor for bankruptcy?

  The means test compares a Westfield debtor’s income to the median income of the state. This involves taking the gross income earned by the debtor and their family over the past six months and multiplying it by two. If the household income falls below the median income of the state, the debtor may meet the requirements to qualify for bankruptcy.

• What steps can Westfield debtors take to prepare for bankruptcy if they are unable to afford an attorney and do not meet the criteria for legal assistance?

  For Westfield debtors considering bankruptcy without legal representation, the initial step is to obtain and thoroughly review the Court's Pro Se Debtor's Guide. This guide, which is revised twice a year, provides essential information for debtors to begin preparing their bankruptcy case without an attorney. Additionally, they are required to complete a credit counseling course prior to filing for bankruptcy.