Keep in Mind
Bankruptcy, or more specifically, a case that is filed under one of the chapters of the USC Title 11 of the United States Bankruptcy Code, is a legal procedure for dealing with debt problems of individuals and businesses.
Every bankruptcy filing is submitted to the United States Bankruptcy Court. From there, the Office of the U.S. Trustee is charged with overseeing the administrative aspects of the bankruptcy process.
It is advisable for businesses and individuals to consult with an attorney before filing a bankruptcy petition.
Report to DOR
If you or your company has a potential tax liability with DOR and is filing bankruptcy, you must contact DOR's Bankruptcy Unit by:
- Phone: 617-626-3875 or
- Mail correspondence to:
- Massachusetts Department of Revenue
Bankruptcy Unit
PO Box 7090
Boston, MA 02204-7090
- Massachusetts Department of Revenue
This applies if you are filing for Bankruptcy Chapters (7, 9, 11, 12, 13, 15) including Assignment for Benefit of Creditors & Receiverships.
Types of Bankruptcy Filings (including ABC & Receiverships)
Chapter 7: Liquidation
Chapter 7 is designed for individuals and businesses experiencing financial difficulty that do not have the ability to pay their existing debts. Under Chapter 7 a trustee takes possession of all of your property. You may claim certain property as exempt under governing law. A bankruptcy trustee then liquidates all non-exempt property and uses the proceeds to pay your creditors according to a distribution scheme required by the Bankruptcy Code.
The main purpose of filing a Chapter 7 case is to obtain a discharge of your existing debts. A bankruptcy discharge is a court order releasing you from liability for many types of debts. If, however, you are found to have committed certain kinds of improper conduct described in the Bankruptcy Code, your discharge may be denied by the court and the purpose for which you filed the bankruptcy petition will be defeated.
Even if you receive a discharge, there are some debts which are not discharged under the law. These include certain types of taxes, student loans, alimony and child support payments, debts fraudulently incurred, debts for willful and malicious injury to a person or property, and debts arising from a drunk driving charge. Generally speaking, a bankruptcy discharge does not remove liens (including tax liens) from your property.
Chapter 9: Municipalities
The purpose of Chapter 9 is to provide a financially-distressed municipality protection from its creditors while it develops and negotiates a plan for adjusting its debts. Reorganization of the debts of a municipality is typically accomplished either by extending debt maturities, reducing the amount of principal or interest, or refinancing the debt by obtaining a new loan.
Chapter 11: Reorganization
Chapter 11 is designed for the reorganization of a business. It is also available to individual debtors who exceed the thresholds for Chapter 13 bankruptcies.
Under Chapter 11 the Bankruptcy Court approves a plan of reorganization which provides for payment of claims in full or in part, depending on the priority and type of claim.
Chapter 12: Family Farmers and Fisherman
Chapter 12 is designed to permit family farmers to repay their debts over a period of time from future earnings. It is in many ways similar to a Chapter 13 filing.
The eligibility requirements are restrictive. It is limited to those whose income arises primarily from a family-owned farm.
Chapter 13: Repayment of all or part of the debts of an individual with regular income
Chapter 13 is designed for individuals with regular income who are temporarily unable to pay their debts. Chapter 13 gives them the option to pay their debts in installments over a period of time. You are eligible for Chapter 13 if your debts do not exceed certain dollar amounts set forth in the Bankruptcy Code.
Under Chapter 13 you must file a plan with the court to repay your creditors all or part of the money that you owe them, using your future earnings. Usually the period allowed by the court to repay your debts is three years, but may be extended to five years. Your plan must be approved by the court before it can take effect.
After completion of payments under your plan, most debts are discharged. Debts such as alimony and child support payments and certain long-term secured obligations are never discharged.
The information contained on this page is not, nor is it intended to be, legal advise or a complete explanation of any topic.
Chapter 15: Foreign Entities
The purpose of Chapter 15 is to provide effective mechanisms for dealing with insolvency cases involving debtors, assets, claimants, and other interest involving more than one country.
Assignment for Benefit of Creditors (ABC)
A voluntary alternative to formal bankruptcy proceedings that transfers all of the assets from a debtor to a trustee for liquidating and distributing its assets. The trustee will manage the assets to pay off debt to creditors, and if any assets are left over, they will be transferred back to the debtor.
Receiverships
A debt solution that helps a secured creditor recover outstanding amounts under a secured loan to a debtor’s business when a debtor defaults on loan payments. It is designed to manage a company’s operations, finances, and property in event that they default on their loan payments. A receiver is a Licensed Insolvency Trustee who is appointed by a creditor or by the court to “receive” and liquidate the debtor’s assets in order to pay back the creditor.
Contact the Bankruptcy Court
For complete information on bankruptcy filing, fees and proceedings, go to the United States Bankruptcy Court, District of Massachusetts or contact them at:
- United States Bankruptcy Court
John W. McCormack Post Office and Court House
5 Post Office Square, Suite 1150
Boston, MA 02109-3945
617-565-8950 - United States Bankruptcy Court
Harold Donohue Federal Courthouse
595 Main Street, Room 211
Worcester, Massachusetts 01608-2076
508-770-8900 - United States Bankruptcy Court
United States Courthouse
300 State Street
Springfield, MA 01105
413-785-6900