Benner Law

Chapter 7 bankruptcy involves liquidating non-exempt assets to pay creditors and typically discharges most unsecured debts within a few months. Chapter 13 bankruptcy reorganizes debts into a manageable repayment plan over 3 to 5 years, allowing debtors to keep certain assets while repaying a portion or all of their debts.

Benner Law can send cease and desist letters, file lawsuits against harassing collectors, and enforce consumer rights under Massachusetts and federal law to recover statutory damages and attorney fees.

The process includes an initial consultation, credit counseling, filing a petition, proposing a repayment plan, obtaining an automatic stay, attending a meeting of creditors, plan confirmation by the court, making regular payments, and ultimately discharging remaining eligible debts after plan completion.

Massachusetts law protects certain income sources, such as workers’ compensation, unemployment benefits, veterans’ benefits, and up to $500 for utilities and $2,500 for rent per month. Partial protection allows keeping either 85% of income or an amount equivalent to 50 times the state’s minimum wage, with proof required for specific expense protections.

Commonly targeted debts include credit card debt, medical bills, personal loans, car loans, mortgage or home equity loans, and utility bills or service debts. These debts often enter collections due to unpaid balances and can trigger repeated contact from collection agencies.

Benner Law assists by negotiating penalty abatement, setting up IRS payment plans, and filing offers in compromise to settle tax debt for less than the full amount owed, ensuring clients receive fair treatment from the IRS.