Massachusetts law about bankruptcy

Laws, regulations, cases, and web sources on bankruptcy law.

If you are unable to find the information you are looking for, or if you have a specific question, please contact our law librarians for assistance.

Best bets

Bankruptcy, Nolo.
Includes information on bankruptcy basics, deciding to file, types of bankruptcy, the filing process and procedures, and much more.

U.S. Bankruptcy Court: District of Massachusetts 
Provides information and helpful resources, including:

• Filing without an attorney
• FAQs for debtors
• Debtor information: includes a guide for people representing themselves as well as resources for finding an attorney.

A guide for the self-represented debtor in a bankruptcy case, U.S. Bankruptcy Court, District of Mass., April, 2016.
This 88-page manual is designed for someone filing for bankruptcy without an attorney. Includes detailed descriptions of the process, records necessary, forms to file, fees, and more.

Bankruptcy laws

Massachusetts

MGL c. 235, § 34 Property exempt from execution

Federal

USC Title 11 Federal Bankruptcy Code 

• Including Small business debtor reorganization added in 2020.

11 USC 522 Exemptions

• See revised lists of exemptions as of April 1, 2022 (through March 31, 2025) in the Federal Register and on the National Consumer Law Center website.

Court rules and fees

U.S. Bankruptcy Court: District of Massachusetts, rules and standing orders

Federal rules of bankruptcy procedure

Filing fees, U.S. Bankruptcy Court, District of Massachusetts.

Forms

Bankruptcy forms

Selected cases

In re Blumstack, 647 B.R. 584, (Bankr. D. Mass. 2023)
Because the debtor is employed by a marijuana dispensary, the trustee moved to dismiss his Chapter 13 case as his source of income is illegal under Federal law.  The Bankruptcy court agreed and dismissed the debtor’s case. 

In re Coughlin, 33 F.4th 600 (2022)
The Bankruptcy Code unequivocally overrides tribal sovereign immunity, even though it never expressly mentions Indian tribes. Tribes are bound by restrictions regarding debt collection during bankruptcy.

In re Schatz, 602 B.R. 411 (2019)
Bankruptcy appeals court found that the debtor met the “undue hardship” test and is entitled to discharge her student loans. 

Web sources

Bankruptcy basics, U.S. Courts.
Bankruptcy Basics provides general information about federal bankruptcy laws and the bankruptcy process. It is not a guide for filing a bankruptcy case. Related videos are available as well.

Bankruptcy basics glossary, U.S. Courts.
Definitions of bankruptcy vocabulary.

Bankruptcy information for consumers, Mass. Office of Consumer Affairs and Business Regulation.
When a retail store files for bankruptcy, the consumer becomes a creditor.

Collecting debts owed by a bankrupt customer, Findlaw.
"All bankruptcies play out differently, but the steps a business needs to take to collect a debt from a bankrupt customer are usually surprisingly routine."

Federal bankruptcy exemptions, The Bankruptcy Site.com.
Convenient list of federal exemptions with references to 11 USC 522

Federal non-bankruptcy exemptions, Nolo.
You may be able to take advantage of certain other exemptions found outside the bankruptcy code to help you protect your property when you file for bankruptcy. 

Massachusetts bankruptcy law
Contains info, frequently asked questions and links to resources for bankruptcy in Massachusetts. 

Print sources

Bankruptcy practice in Massachusetts, MCLE, 2022.

Chapter 13 bankruptcy: keep your property & repay debts over time by Cara O'Neill, Nolo, 2022. (2024 eBook available with library card)

Collier on bankruptcy, 16th ed., Matthew Bender, loose-leaf. A 22-volume set covering all aspects of bankruptcy, including the Bankruptcy Code, rules, forms, etc.

Collier family law and bankruptcy, Matthew Bender, loose-leaf.

Consumer bankruptcy handbook with forms, West, annual. 

Consumer bankruptcy law and practice by Henry J. Sommer, NCLC, 13th ed., 2023.

How to file for chapter 7 bankruptcy, by Cara O'Neill, Nolo, 2022. (2023 eBook available with library card).

Methods of practice with forms, Thomson/West, updated with supplements. Vol. 5B, sections 47:1-52:11 Bankruptcy practice and procedure.

Moving for relief from the automatic stay in bankruptcy, 4th ed. MCLE, 2022.

The new bankruptcy : will it work for you? By Cara O'Neill, Nolo, 2022. (2023 eBook available with library card)

A practical guide to consumer bankruptcy, MCLE, 2022.

Last updated:	September 20, 2024