Financial problems can be stressful and extremely frustrating. However, if you are struggling with debt that you can no longer control, you should not feel alone or embarrassed about considering bankruptcy.

As an experienced Milford, Massachusetts Bankruptcy Attorney, I understand that the decision to file for bankruptcy is an emotional and difficult choice, but also a choice that can free you from unmanageable debt, and get you back on the right financial track.

For over 32 years, my firm has provided effective and aggressive representation in consumer bankruptcies throughout Massachusetts. Our firm will work tirelessly to answer any and all questions you may have about bankruptcy filing, and offer steadfast legal guidance at every step.

Contact my firm today if you need legal assistance with any of the following:

• Chapter 7 Bankruptcy
• Chapter 13 Bankruptcy
• Mortgage Workouts
• Foreclosure Prevention
• Loan Modification
• Avoiding Garnishment
• Avoiding Repossession
• Stop Creditor Harassment
• Stop Lawsuits
• Erase Credit Card Debt
• Rebuild your Credit
• Court Protection
• Adversary Proceedings
• Creditor Representation

Founded in 1978 by boyhood friends, Aldo B. Consigli, Jr., and Charles J. Brucato, Jr., our firm is built upon providing the best legal representation available to our clients when they need it most.

Our office is situated on the third floor of the Gillon Court Building, a historical landmark, which has been renovated and modernized and is located in heart of downtown Milford, Massachusetts. It is handicap accessible, and the building is serviced by an elevator.

In addition to four private lawyer’s offices, our firm also has a private conference room suitable for depositions, meetings, and real estate closings. The conference room also serves as a formal library, containing up-to-date volumes of Massachusetts General Laws, as well as Massachusetts Reports and Massachusetts Appeals Court Reports. We also subscribe to WestLaw, which permits online access to Massachusetts Law, Federal Law, and Bankruptcy Law.

Don't live in financial uncertainty any longer. Our firm is here to represent your interests, protect your assets, and compassionately help you through this difficult time. Call us today, and let us show you how we can help.

If you or someone you know needs the assistance of an experienced Milford, Massachusetts Bankruptcy Lawyer, call Brian A. Consigli of Consigli and Brucato, P.C. today at 508-202-1900, or complete the contact form provided on this site to schedule a free consultation. Our firm provides services for Portuguese-speaking clientele.

Although Consigli and Brucato, P.C. is involved in the general practice of law and bankruptcy law, a large portion of our business is devoted to real estate conveyancing, trial and appellate practice, personal injury law, worker’s compensation law, criminal law, small business organization, probate, and family law.

Practice Areas and Legal Definitions

Every year, more than 1,000,000 Americans file for protection under Federal bankruptcy laws. Although some bankruptcy claimants are deemed as credit abusers and/or considered financially irresponsible, many hardworking individuals and businesses can succumb to financial difficulty, and face irreparable economic crisis. Bankruptcy is designed as a legal option to help resolve such a crisis, and act as a financial life preserver for those drowning in debt. To discuss your bankruptcy options, or other areas of recourse that might be available to you, contact a qualified bankruptcy attorney who can advise you of your legal rights as stated under Bankruptcy Law and federal Bankruptcy courts.

Bankruptcy Laws:
Bankruptcy is a federal court process designed to help individuals and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as liquidation or reorganization. Under a liquidation bankruptcy (Chapter 7), a debtor files to eliminate debt through the bankruptcy court. Under a reorganization bankruptcy (Chapter 13), a debtor files a plan with the bankruptcy court proposing how to repay creditors.

In 2005, the requirements under which a debtor could file Chapter 7 bankruptcy changed with the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act.  Debtors are now required to seek budget and credit counseling within six months of filing, financial “testing” is required to determine the debtor’s capacity for debt repayment, Chapter 7 cannot be filed if the household income is greater than the median household income as deemed by the state, and state exemptions cannot be applied unless the debtor has resided at current residence for over two years.

Due to the imposed requirements for Chapter 7 bankruptcy as set forth by the new laws, debtors who were eligible to file under Chapter 7 may now have to file under Chapter 13 bankruptcy instead, in which individuals and creditors agree to a court-imposed plan that requires some or all debts be repaid over five years, with an appointed trustee assigned to monitor the repayment process. Bankruptcy filings will continue to be recorded on an individual’s credit report for seven years in the case of Chapter 13, and up to ten years for Chapter 7.

Chapter 7:
Chapter 7 cases are commonly referred to as straight bankruptcy or liquidation cases, and may be filed by an individual, corporation, or a partnership. A Chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in Chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under Chapter 7 may result in the loss of property.

Chapter 13:
A Chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. Chapter 13 permits individuals to keep their property by repaying creditors out of their future income.  It is not available to corporations or partnerships. After completion of payments under the plan, Chapter 13 debtors receive a discharge of most debts.

Foreclosure:
Foreclosure is the legal proceeding in which a bank or other secured creditor sells or repossesses a parcel of real property (immovable property) due to the owner's failure to comply with an agreement between the lender and borrower called a "mortgage" or "deed of trust". Commonly, the violation of the mortgage is a default in payment of a promissory note, secured by a lien on the property. When the process is complete, it is typically said that "the lender has foreclosed its mortgage or lien".

A Foreclosure by Sale ends in the posting of a sign advertising the auction of your home on the sale date. The only ways to stop a foreclosure are full payment of the arrearage, or the filing of a Chapter 13 bankruptcy. Full Payment: If you are able to obtain and tender the full amount of your arrearage, including fees and costs, you can stop the foreclosure of a standard residential mortgage. Most people lack the money to make full payment. This process stops the foreclosure and allows you to repay your arrearage over a three-to-five year period. The arrearage is paid through a court-appointed official, while you resume your regular monthly payments to the bank in order to keep your home. A Chapter 13 can be filed at any time prior to the law day or sale date, and it is often the only avenue to save your home.

Debt Consolidation:
Contrary to popular belief, debt consolidation is not a loan. Debt consolidation is a process in which debt is restructured into one low monthly payment. It further enables a consumer to reduce the amount owed and thereby eliminate interest. Very often a consumer can detect warning signs of being in too much debt long before any collection notices are received. If more than two of the following signs apply to you, you are probably in too much debt:

• You have begun charging to your credit card essential expenses like food and daily expenditures
• You are making only the minimum payments on your credit cards each month
• You are near the limit of your credit cards
• You have too many credit cards
• You are unsure how much money you owe creditors

If you or someone you know needs the assistance of an experienced Milford, Massachusetts Bankruptcy Lawyer, call Brian A. Consigli of Consigli and Brucato, P.C. today at 508-202-1900, or complete the contact form provided on this site to schedule a free consultation. Our firm provides services for Portuguese-speaking clientele.

MEMBERS OF THE FIRM:

• Attorney Brian A. Consigli

Attorney Brian A. Consigli was born in Worcester, Massachusetts and is the oldest of four children of Aldo B. Consigli, Jr. and Elizabeth G. Consigli. He is a native of Upton, Massachusetts and a graduate of St. John’s High School in Shrewsbury, Massachusetts. While at St. John’s, Consigli was an outstanding athlete on the varsity football, baseball and track and field teams. After high school, he attended Williams College, where he was a four-year member of the varsity track and field team and two-year member of the varsity football team. After injuries curtailed his playing football, Consigli concentrated on Track and Field where, in both his junior and senior years, he earned All American status in the Hammer Throw. He graduated from Williams in 1995.

After college, Consigli worked in the private sector in sales. He graduated from the University of Maine School of Law and was admitted to the Massachusetts Bar in 2003. He joined the firm in 2003 and has been involved in general practice with an emphasis on real estate conveyancing, personal injury, divorce and child custody actions, collections, criminal law, bankruptcy and workers compensation.

Since joining the firm, Attorney Consigli has tried cases in the Massachusetts Superior Court, District Court of Massachusetts, Bankruptcy Court, Housing Court, Probate and Family Court of Massachusetts and at the Massachusetts Department of Industrial Accidents. He has also done significant work in the Superior Court and in the Bankruptcy Court, where he represents mainly debtors. A significant part of his practice involves Bankruptcy, Probate and Family Court work including divorces, modifications of divorce judgments, paternity, and child custody actions. Consigli is involved in real estate, where he has represented both lenders and consumers at real estate closings.

He now resides in Mendon, Massachusetts with his wife and three children. Attorney Consigli is the Attorney-Coach of the Hopedale High School Mock Trial program.

• Jurisdictions Attorney is Licensed in: Massachusetts; United States District Court, District of Massachusetts
• Date Admitted to the Bar: 2003
• Colleges Attended, Degree & Year Graduated: Williams College, B.A. Economics, 1995; University of Maine, School of Law, J.D., 2002
• Professional Memberships & Achievements: Massachusetts Bar Association, Worcester County Bar Association, Milford Bar Association, Massachusetts Academy of Trial Attorneys, American Bankruptcy Institute.