Massachusetts Representation of Insolvency

State:
Massachusetts
Control #:
MA-SKU-0691
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Description

Representation of Insolvency

Massachusetts Representation of Insolvency is a legal process in which a debtor seeks to be released from debts. This process allows the debtor to have a fresh start financially, free from the burden of previous debt. Massachusetts Representation of Insolvency is available through two different types of bankruptcy: Chapter 7 and Chapter 13. Chapter 7 is known as “straight bankruptcy” and is available to individuals, couples, and businesses. It allows the debtor to discharge most of their debts, with certain exceptions such as student loans and taxes. After the debtor’s assets are liquidated and creditors are paid, the remaining balances are forgiven. Chapter 13 is a “reorganization” bankruptcy and requires the debtor to submit a repayment plan to the court. This plan must be approved by the court and creditors. Under Chapter 13, debtors are able to pay off their debts over a period of time, typically three to five years. The debts are then discharged by the court. In both Chapter 7 and 13, the debtor must submit various forms and documentation to the court in order for the process to be completed. The debtor must also attend a meeting of creditors, which gives creditors an opportunity to present their claims. If the court approves the reorganization plan or the discharge of debts, the debtor is released from the financial obligations. Overall, Massachusetts Representation of Insolvency is an important legal process that allows debtors to seek relief from debt and get a fresh start financially.

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FAQ

Any person may renounce the right to nominate or to an appointment by appropriate writing filed with the court. When 2 or more persons share a priority, those of them who do not renounce shall concur in nominating another to act for them, or in applying for appointment.

Massachusetts has a short one-year statute of limitations for asserting claims against a decedent's estate. The one-year period commences on the date of death, and before the period expires, the creditor must file a lawsuit and serve the fiduciary with process.

In most cases, the court appoints a person called a personal representative to collect, manage, and transfer estate property to the devisees or heirs. If the decedent left a will, the court decides if the decedent's will is valid.

Inheritance or succession by right of representation is the taking by the descendants of a deceased heir of the same share or right in the estate of another person as their parent would have taken if living.

A special personal representative may be appointed in a proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a

2) In a political context, right of representation is the right of a citizen to elect members of a legislature to represent them.

Inheritance or succession by right of representation is the taking by the descendants of a deceased heir of the same share or right in the estate of another person as their parent would have taken if living. Posthumous children shall be considered as living at the death of their parent.

"Taking by representation? is best explained by an example: a widow has three children, one of whom dies with two children of his own, the widow's grandchildren. When the widow herself dies, if she has no spouse, the widow's children will each take one-third of her estate.

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Massachusetts Representation of Insolvency