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Kathleen A. Rahbany's Answers

Kathleen A. Rahbany
Boston Bankruptcy Attorney.
Contributor Level 6

2

Attorney answers:

  1. Kathleen A. Rahbany
  2. William J Mcleod

How do i file chapter 7 bankruptcy?

Asked by a user in New Bedford, MA - almost 3 years ago.

My best recommendation is to contact a bankruptcy lawyer because everybody's situation is different. There are also some legal aid organizations that might be able to help you. One is located at 257 Union Street in New Bedford. That's the New Center for Legal Advocacy - its website is http://www.ncla.net/. Typically, to file a chapter 7, a person needs to pay a filing fee, file a certificate of credit counseling (this is something that you receive after obtaining counseling from an agency...

1

Attorney answers:

  1. Kathleen A. Rahbany

After foreclosure, do I have any rights to the vegetable garden I planted earlier?

Asked by a user in Sanford, NC - almost 3 years ago.

My best advice is to ask the lender-owner (or its agent, maybe the local real estate brokerage) if you can water and harvest your crops. Without permission, you are probably trespassing. In most states, the right to access land terminates with the sale of the land to another party. Ms. Rahbany is licensed to practice law in MA and is located in Boston. Her response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of...

2

Attorney answers:

  1. Margery Ellen Golant
  2. Kathleen A. Rahbany

Foreclosure

Asked by a user in Tampa, FL - almost 3 years ago.

You may be able to prevent foreclosure by filing for bankruptcy. If your analysis is correct about overcharges, you may be able to settle that disagreement in court. However, a bankruptcy filing will remain on your credit score for quite a while. My best advise is to consult with a local attorney, who may be able to negotiate with Wells Fargo, or give you another alternative. Ms. Rahbany is licensed to practice law in MA and is located in Boston. Her response here does not constitute...

2

Attorney answers:

  1. Jeffrey Daniel Larkin
  2. Kathleen A. Rahbany

Can student loan debt be included in a bankruptcy if the debtor is going blind?

Asked by a user in Omaha, NE - almost 3 years ago.

The student loan may be discharged if the bankruptcy court determines that paying it constitutes an "undue hardship." Often, if a debtor is unable to earn an income because of a disability, that debtor may qualify for an undue hardship discharge. However, what "undue hardship" means depends upon the court hearing the case. Ms. Rahbany is licensed to practice law in MA and is located in Boston. Her response here does not constitute legal advice and does not create an attorney/ client...

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Attorney answers:

  1. Mark L Rosenberg
  2. Kathleen A. Rahbany
  3. Jeffrey Daniel Larkin

If my debt has already been sent to a legal agency, can I file bankruptcy?

Asked by a user in Odenton, MD - almost 3 years ago.

There is no prohibition against filing for bankruptcy, even if your account has been sent to a debt collection agency. However, filing for bankruptcy always has consequences that depend upon your particular situation. You should discuss the matter with an attorney.