Personal Bankruptcy

This office’s bankruptcy department represents clients, whether individuals or businesses, and whether creditors or debtors, in connection with matters involving bankruptcy cases filed under the federal bankruptcy laws, whether that filing involves a Chapter 7 liquidation, a Chapter 13 wage earner plan,. a Chapter 11 business or individual reorganization, or a Chapter 12 family farmer reorganization, under the federal bankruptcy code.  This office has attorneys that are licensed to appear in the federal bankruptcy courts in both Massachusetts and Connecticut and that are familiar with the procedures, including the local bankruptcy rules, involving such courts.

This office has represented clients, such as banking institutions, and other businesses and individuals, as creditors in bankruptcy cases involving such matters as motions for relief from stay, the examination of a debtor at a Section 341 meeting of creditors or pursuant to a scheduled 2004 examination of a debtor under the bankruptcy rules, or the filing of objections to a debtor’s exemptions or a debtor’s proposed Chapter 13 plan.  This office has also counseled clients, as creditors as well as debtors, with respect to issues relating to the dischargeability of debt or the denial of a discharge and the adversary proceedings that are required in connection with such discharge issues.  This is office has often counseled creditors and debtors in connection with a debtor’s motion to avoid a judicial lien held by a creditor.  We have defended clients in actions by bankruptcy case trustees seeking to avoid transfers and recover property from clients where receipt of a payment or other transfer of property is being challenged as a voidable preference or fraudulent transfer by the trustee, including tuition claw-back efforts.  While we represent financial institutions and other creditors in bankruptcy matters, we also represent individuals seeking to file under Chapter 7 or Chapter 13 of the bankruptcy code, whether seeking a “fresh start” or attempting to halt a foreclosure sale by a foreclosing mortgagee or to stop an effort by a creditor seeking to attach or levy against one’s property or to garnish one’s wages by wage garnishment.  In representing such debtors, we strive to advise one of their bankruptcy as well as non-bankruptcy options.  Such counseling typically includes a discussion of the benefits as well as the consequences of filing for bankruptcy and, among other topics, includes a discussion of the assets one might retain, and what debts may be discharged, and what debts, such as federal student loans, taxes, and certain marital obligations, that may not be discharged in a bankruptcy.

Practicing Attorneys

David A. Shrair
David A. Shrair

Direct Phone:
(413) 735-8000

Email:
dshrair@cooleyshrair.com

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Peter W. Shrair
Peter W. Shrair

Direct Phone:
(413) 735-8013

Email:
pshrair@cooleyshrair.com

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John W. Davis
John W. Davis

Direct Phone:
(413) 735-8035

Email:
jdavis@cooleyshrair.com

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