Law Offices of Ira C. Yellin, LLC FindLaw IM Template 2026-10-28T18:13:22Z https://www.yellinlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1100910/2019/05/cropped-site-icon-32x32.jpg by Law Offices of Ira C. Yellin, LLC <![CDATA[How the Chapter 7 income test works in Massachusetts ]]> https://www.yellinlaw.com/?p=52994 2026-10-23T18:59:11Z 2026-10-23T18:59:11Z How the means test decides eligibility The means test compares a person's annualized income with the Massachusetts median for the same household size. The limits change over time, so the filing date matters. If income falls at or below the state median, the person generally does not need to complete the added means-test calculation. Other legal rules still apply. Those earning more than the median may still qualify. The test deducts allowed expenses and certain debt payments to check for a presumption of abuse. It does not force a person to file Chapter 13.

What income counts toward the limit

The means test typically calculates your average qualifying income over a six-month period ending on the last day of the month immediately preceding your filing month. Federal law calls this current monthly income. Common sources may include:
  • Wages: Pay from regular employment.
  • Business income: Earnings after allowed business expenses.
  • Rental income: Rental receipts after allowed operating costs.
  • Regular contributions: Money received to help cover household expenses.
  • Spousal income: Certain income from a spouse who is not filing.
The calculation follows federal rules and does not include every source of money. Under 11 U.S.C. § 101(10A), Social Security benefits are excluded. A married person filing alone may need to report a spouse's income. However, a marital adjustment may exclude qualifying amounts not used for household expenses or dependents.

Understanding options for debt relief

Income above the Massachusetts median does not always prevent Chapter 7 relief. Allowed housing costs, transportation expenses and certain debt payments may affect the result. A person should review the current median-income table, recent pay records and household expenses before filing. The means test may create a presumption of abuse, but that does not always end the case. A bankruptcy attorney can review the figures, explain available deductions and assess whether Chapter 7 or another debt relief option may fit the person's financial needs.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Who keeps the house in a Massachusetts divorce?]]> https://www.yellinlaw.com/?p=52992 2026-10-08T15:32:03Z 2026-10-08T15:32:03Z Understanding how Massachusetts law treats the home In Massachusetts, neither you nor your spouse automatically keeps the family home. A judge divides it equitably, which means fairly, not necessarily equally, as part of your whole marital estate. Under state law, the judge weighs factors such as the length of your marriage, each of your incomes and future earning ability, and your children's present and future needs. That is why having children at home can change the result.

Weighing your three options

Your options generally look like this:
  • Keep the home: You buy out your spouse, often with a refinance or other assets of equal value.
  • Sell the home: You sell it to a buyer and divide the net proceeds with your spouse.
  • Delay the sale: In some cases, you can agree to a delay, or a court can order one, so your children can stay in the home for a specified period, after which you sell and divide the proceeds.
Each choice depends on what you can afford, so it helps to look at your budget before deciding what you want.

Checking the mortgage and taxes before you decide

Your name can stay on the mortgage after the divorce, because the lender is not bound by your divorce judgment. If your spouse keeps the home, the lender may require a new loan or its approval to take over the existing one, and your spouse has to qualify on their own income. Taxes work separately, since under federal tax law, giving your share of the home to your spouse as part of a divorce does not create a taxable gain or loss. If you sell, you can generally exclude as much as $250,000 of profit from tax, or as much as $500,000 if you are still married and file jointly, as long as you owned and lived in the home for two or more years within the five years before the sale.

Protecting your position while the case is pending

Who keeps the house is usually settled one of two ways: you and your spouse agree on a plan, or a judge decides for you. Once the divorce action is served, Probate and Family Court automatically bars you both from selling, transferring, encumbering or borrowing against property, including your house, unless you agree in writing or a judge approves. Speaking with a family law attorney early may help you reach an outcome that fits your family and your budget.  ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[How bankruptcy affects your ability to rent an apartment?]]> https://www.yellinlaw.com/?p=52973 2026-10-06T06:34:03Z 2026-10-06T06:34:03Z Does bankruptcy appear on rental applications? A bankruptcy can appear on your credit report for several years. Federal credit reporting rules generally allow bankruptcy information can continue to appear in your credit history for up to 10 years. The reporting period can vary based on the type of bankruptcy and other factors. Landlords may check your credit as part of the rental application process. They may also review your income, employment and past rental history. Some landlords use a minimum credit score, while others look at your entire application. The age of your bankruptcy may also affect how a landlord views it. A recent filing may raise more concerns than an older one. A strong rental history and steady income can help show that your financial situation has improved.

Can a landlord deny your application because of bankruptcy?

Whether a landlord can consider bankruptcy depends on federal, state and local laws. Landlords may also have their own screening policies. Federal fair housing law prohibits landlords from discriminating against applicants because of protected characteristics. These include race, color, national origin, religion, sex, disability and familial status. Bankruptcy itself is not a protected characteristic under federal fair housing law. However, landlords must follow fair housing rules when applying their screening policies. They should also follow any state or local rules that limit how they can use tenant screening information.

How can you improve your rental chances?

You can take several steps to strengthen your application after bankruptcy:
  • Provide recent pay stubs or other proof of steady income.
  • Give the landlord positive references from previous landlords.
  • Review your credit report and dispute inaccurate information.
  • Be honest if the application asks about your bankruptcy.
  • Explain the steps you have taken to improve your finances.
  • Consider a qualified co-signer if the landlord allows one.
  • Ask about deposit requirements before applying.
These steps can help show that you can meet your rent payments and manage your current finances.

Moving forward after bankruptcy

Bankruptcy can make renting an apartment more challenging, but it does not make finding housing impossible. Stable income, good rental references and careful preparation can strengthen your application. Before applying, review the screening rules that apply in your area. Understanding those rules can help you avoid surprises and make informed decisions when looking for your next home.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Dividing a home you owned before your Massachusetts marriage]]> https://www.yellinlaw.com/?p=52889 2026-09-21T18:08:30Z 2026-09-21T18:08:30Z Can a premarital home be divided in a Massachusetts divorce? Massachusetts uses equitable distribution when dividing property in a divorce. The length of the marriage is one factor the court considers. The court also looks at each spouse's finances, needs and role in the marriage. No single factor decides the outcome.

What factors does a Massachusetts court consider when dividing a premarital home?

Courts consider several factors when deciding how to divide property. These include the length of the marriage, each spouse's finances and role in the property. Mortgage payments and home improvements made during the marriage may affect the court's analysis. The court also considers the family's financial needs and other circumstances. When dependent children are involved, their needs may also affect the property division.

How can marital contributions affect a premarital home?

Marital contributions can include using joint funds to pay the mortgage or making improvements during the marriage. These contributions may affect how the court views the home. In Baccanti v. Morton, the Supreme Judicial Court upheld a division that included some of one spouse's premarital assets. Financial records can help show how the property's value changed during the marriage. Mortgage statements, payment records and records of improvements can provide useful evidence.

What records can help document your premarital ownership?

Keeping records of the home's purchase, value, mortgage payments and improvements can help show its financial history. Records of the home's value at the start of the marriage may also show how it changed over time. A Massachusetts family law attorney can review these records and explain how premarital ownership and marital contributions may affect property division.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[3 mistakes Franklin parents should avoid in custody disputes]]> https://www.yellinlaw.com/?p=52885 2026-09-01T13:10:23Z 2026-09-01T13:10:23Z Common mistakes that can escalate a custody dispute Massachusetts courts consider the best interests of the child when making custody decisions. Because a parent’s actions can affect the child and the custody dispute, it is important to avoid conduct that may increase conflict. Here are three common mistakes parents should watch out for:
  • Putting conflict ahead of the child : Parents have to try not to make the conflict a contest between them . Their priority must be the welfare of the child, stability and well-being.
  • Ignoring the parenting schedule: Follow the custody order or parenting plan unless there is a valid reason to seek a change. Repeatedly missing parenting time or making schedule changes without agreement can create additional conflict.
  • Making accusations without evidence: If a parent has concerns about the other parent, they should keep records of relevant incidents and copies of important communications. They should also avoid making claims that lack supporting evidence.
Strong emotions can contribute to these mistakes, especially when parents disagree about what is best for their child. Staying calm and working together can help parents handle such situations more effectively.

Getting legal help with a Massachusetts custody dispute

Every parent wants their children to have a good future and hopes to focus on their well-being. However, custody disputes can make it harder for parents to put their children’s needs first. A family law attorney can evaluate the case and offer guidance on what they should do in case of a custody dispute.  ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[3 facts about Chapter 13 repayment plans]]> https://www.yellinlaw.com/?p=52882 2026-08-25T13:29:41Z 2026-08-25T13:29:41Z Payments can last between 3 and 5 years The length of your payment plan depends on state income standards:
  • Debtors below the state average income qualify for 3 year payment plans, which can stretch to 5 years with court approval.
  • Debtors above the state average income must complete a 5 year plan, unless all debt gets paid off sooner.
Plans usually run 3 to 5 years total, though full payment clears the debt earlier. Legal protections against bill collection start the moment you file your bankruptcy petition in federal court.

Monthly amounts depend on disposable income

Your monthly payment equals the extra money left over after subtracting standard living costs from your average monthly pay. The court looks at general household needs to build your budget:
  • Rent, mortgage costs and grocery bills
  • Gas, car payments and public transit costs
  • Doctor bills and basic health coverage
Higher earners must follow set federal expense limits to figure out disposable income, while lower earners use actual living costs. The bankruptcy trustee splits these monthly payments among your creditors based on federal priority rules.

Chapter 13 can cure mortgage delinquencies

Homeowners facing foreclosure can use a payment plan to clear back mortgage debt over time. The court spreads your missed payments across 36 to 60 regular monthly installments. You must keep up with regular mortgage payments alongside plan payments throughout this time.

How to move forward with a repayment plan

Filing for bankruptcy requires listing past income, gathering pay stubs and completing federal court forms accurately. Speaking with a local bankruptcy attorney helps you create a workable payment plan that satisfies court rules and protects your home and vehicle.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[What happens to your tax refund in Chapter 7?]]> https://www.yellinlaw.com/?p=52880 2026-07-31T11:18:12Z 2026-07-31T11:18:12Z Few things feel as satisfying as a tax refund landing in your account, especially when money is tight. If you are preparing to file for Chapter 7 bankruptcy, however, that refund raises an important question: is it still yours to keep? The answer depends on your filing date and the exemptions available in your state. Understanding how bankruptcy law classifies the money can help you avoid an unwelcome surprise.

Your refund becomes part of the bankruptcy estate

When you file for Chapter 7, the law creates a "bankruptcy estate" consisting of the property you own on that date. A court-appointed trustee administers the estate and may sell property that exemptions do not protect to repay creditors. A refund already owed to you counts as property, even when the money has not reached your bank account. Because Chapter 7 works as a liquidation of nonexempt assets, a refund available to the trustee may be distributed to creditors instead of returned to you.

Why timing decides how much you keep

Timing frequently determines the outcome. A refund represents tax overpayments accumulated throughout the year, so the portion attributable to income earned before your filing date generally belongs to the estate. The portion connected to income earned after filing usually remains yours. If you file partway through the year, the trustee may calculate a proportional share based on the filing date. Receiving the refund before filing can also affect the analysis, especially when you use it for household expenses such as rent, groceries or overdue bills.

Exemptions that can shield the money

Even when a refund enters the estate, exemptions may allow you to preserve some or all of it. A flexible 'wildcard' protection under federal law can cover many types of property, including cash from a tax refund, up to the applicable limit. Massachusetts provides another choice. Filers who satisfy the residency requirements can generally select either the state or federal exemption system, but they cannot combine both. Because each system protects property differently, the better option depends on the refund amount and the other assets you need to preserve.

Planning ahead before you file

A tax refund is not necessarily an all-or-nothing asset in Chapter 7. The filing date, source of the refund and available exemptions influence how much may remain protected. Adjusting your tax withholding may also reduce the amount returned as a future lump sum. A careful review before filing can clarify the likely treatment of your refund and support informed financial decisions.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Who makes medical decisions for children after divorce?]]> https://www.yellinlaw.com/?p=52876 2026-07-23T08:39:23Z 2026-07-23T08:39:23Z How legal custody affects health care choices If you have sole legal custody, you have the right to make major medical decisions for your child. The other parent could still access the child’s medical records unless a court order or another legal limit restricts that access. If you share legal custody, you and the other parent make major medical choices together. You might need to discuss planned surgery, long-term therapy, mental health care or a change in doctors before either of you gives consent. Your custody order could also state who handles routine visits and how you share updates. Different rules apply in an emergency. Under Massachusetts law, a doctor or hospital might treat a child without parental consent when a delay would endanger the child’s life, limb or mental health. After the emergency, your custody order may guide how you and the other parent share information and make follow-up decisions.

How a parenting plan may prevent disputes

A clear parenting plan makes medical decisions easier to manage after divorce. It gives you and the other parent a shared set of rules to follow when questions come up. The plan might state how soon you must share appointment details, test results and treatment updates. It could also explain how each parent may access doctors and medical records. For major choices, consider including rules for second opinions, doctor selection and disputes. You could also set a process for urgent care, such as giving prompt notice after treatment.

Prepare for timely care

Review your custody order and make sure your child’s providers have current contact details. You may also decide how to share health updates and keep key records in one secure place. By understanding your options and preparing to manage medical information, you could reduce conflict and make timely choices for your child.]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[How does the court decide what is best for a child?]]> https://www.yellinlaw.com/?p=52874 2026-07-22T16:31:05Z 2026-07-22T16:31:05Z Parents are not always able to come up with a child custody solution on their own. They need the court to do it and issue a custody order. To do this, the court is supposed to use the standard of deciding what is in the child's best interests. While this sounds good to parents, they may understandably wonder how the court could possibly know what is best for their child. This is especially true if the parent disagrees with the court's decision. What are some of the factors that the court will consider?

Gathering all possible information

This is a difficult decision for a court to make, but the way they approach it is by trying to gather as much information and learn as many details about the child's life as they can. Key factors could include:
  • The parental roles the parents had while they were married
  • Whether the child has any special needs
  • The relationship the child already has with each parent
  • Whether there are important relationships with other extended family members
  • Whether there are any social, cultural or religious considerations
  • The parents' physical and mental health and their ability to care for the child
  • The stability of the parents' living situation and financial situation
  • Whether there is any evidence of abuse, domestic violence, excessive alcohol use or illegal substance use
In some cases, if the child is old enough, the court will even ask for their preference. That does not mean that the court has to do whatever the child requests, but a teenager who expresses a strong preference may have that considered along with many other factors. Reaching a child custody determination this way can be complex, and disputes do arise. Parents must be aware of all of their legal rights as they work their way through this process during a divorce.  ]]> On Behalf of Law Offices of Ira C. Yellin, LLC <![CDATA[Should you file for Chapter 7 or Chapter 13 bankruptcy?]]> https://www.yellinlaw.com/?p=52872 2026-07-10T13:39:50Z 2026-07-10T13:39:50Z Are you in debt? Is your debt caused by medical bills, late fees or maxed credit cards? Is your debt causing financial strain? You may need to consider filing for bankruptcy. Bankruptcy is a process that can help you remove large amounts of debt within a few months or years. You may be eligible for Chapter 7 or Chapter 13 bankruptcy. However, you should learn about the difference between these two forms of bankruptcy before you file. Here is what you should know:

What to know about Chapter 7 bankruptcy

Chapter 7 bankruptcy can wipe away most of your debts in a few months. However, this form of bankruptcy is only eligible for low-income families. This means that people who make below the average income in their community can file for Chapter 7 bankruptcy.  Furthermore, Chapter 7 bankruptcy is also called liquidation bankruptcy. Assets may be used to resolve debts. However, most assets are considered exempt from the liquidation process, including a family home or a single vehicle. 

What to know about Chapter 13 bankruptcy  

Alternatively, you may want to consider a Chapter 13 bankruptcy if you can pay off some of your debts. Chapter 13 bankruptcy reorganizes debts so that they can be paid off in three or five years. If there are any remaining debts after this repayment period, they may be resolved. This form of bankruptcy is eligible for people who make more than the average family in their community. Before committing to a form of bankruptcy, you may need to seek professional legal guidance to help you choose the right form of bankruptcy.   ]]>