Matthew Paul Trask’s Answers

Matthew Paul Trask

Framingham Civil Rights Attorney.

Contributor Level 8
  1. Can a landlord sue for past due rent when tenant claims bankruptcy?

    Answered almost 4 years ago.

    1. Matthew Paul Trask
    2. David M. Merrill
    3. Jason Lee James
    3 lawyer answers

    Generally speaking, and assuming the debtor's petition and schedules are prepared properly, a debtor may discharge unpaid rents, meaning that the debtor is no longer liable for those debts. Also, in the event that your tenant files for bankruptcy, you will not be able to attempt to collect the debt (e.g., commence eviction proceedings against the bankrupt tenant) without first obtaining permission from the bankruptcy court in a "motion for relief from automatic stay". However, the law in...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Can your home be taken for unpaid med bils

    Answered about 4 years ago.

    1. Matthew Paul Trask
    2. Mark Hankins
    2 lawyer answers

    THE BAD NEWS: Like nearly every other area of the law, the answer is "it depends". Generally speaking, a creditor (in this case, the hospital) can sue a non-paying party that received services. In the event that the hospital wins the lawsuit, they may attempt to collect that judgment by placing a lien against your home. Still, there are a few details that you have omitted from your question. How old is your son, and are you a legal guarantor for his medical expenses? If your son is...

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  3. Can i include utility bills in my bankruptcy and still get utility services?

    Answered almost 4 years ago.

    1. Matthew Paul Trask
    2. L Jed Berliner
    3. Kendall David Coffman
    3 lawyer answers

    I agree with Attorney Coffman (above). However, remember: your bankruptcy will discharge only the pre-petition debt (unless you have post-petition administrative claims in a Chapter 11, although for this response, I will assume you do not). It will not affect any post-petition debt, save for the creditor's entitlement to a security deposit for continued service. Therefore, only past-due balances will be discharged. As soon as you file your case, any utility services received after filing...

  4. Can I get a student loan while I am in Chapter 13?

    Answered over 4 years ago.

    1. David Prelle Eron
    2. Matthew Paul Trask
    2 lawyer answers

    Simply incurring new debt while obligated under a 3-or-5 year Chapter 13 repayment plan will not affect the course of the Bankruptcy. However, there are a few points to consider: 1. If the terms of the education loan require that you begin repayment of the loan during the contemplated Chapter 13 plan period, you must continue to make the plan payments to the Trustee, or the plan will fail and your discharge will be denied. A trustee will not downwardly-adjust a Chapter 13 plan payment to...

    3 people marked this answer as helpful