February 2015
Greetings!
 
Wow! What a snowy February we have had and it just will not quit.  As much as I enjoy winter sports I am ready for Spring.

Stay warm and take care,

Robert
Your electricity, gas, or other public utility will NOT be shut off if you file bankruptcy

 

If you file for bankruptcy and are behind on a public utility bill then you can discharge the arrearage and not lose service.

 

What happens is the amount you are behind will be discharged in your bankruptcy. Anything you incur for a charge after the date of filing bankruptcy you will be required to pay.

 

Public utilities include the electrical (National Grid) and gas (NStar) company.

 

Cable or satellite television and land or cell phones are not public utilities. Your obligation to repay these bills will be discharged in bankruptcy.  You may or may not lose service depending on the policy of your provider.

 

Water and sewer bills attach to your home so those will need to be repaid.

 

 

Changing Beneficiaries
 

When you were in the throes of wedded bliss, you automatically named one beneficiary on all your accounts. If you died, your spouse would get your bank assets, retirement accounts, investments, life insurance proceeds, and annuities. After your divorce you may need to update or change your accounts to reflect the Court Orders.

  

First, you need to contact the holders of your accounts to find out how to update the beneficiary designation. Then, you either need to put in new beneficiaries or remove your spouse's name, or that person inherits your assets if you die before the divorce.

Once you file for divorce then you won't be able to make any of these changes because Massachusetts applies an Automatic Temporary Restraining Order (ATRO), which states, in part:

  

Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of any property, real or personal, belonging to or acquired by, either party ... Neither party shall incur any further debts that would burden the credit of the other party,

  

In other words, you can't change beneficiaries, hide or spend assets, or buy any property until the divorce becomes final, or your spouse gives written consent. You'll still be able to use accounts to pay living expenses or run your business. You can also still update your financial and healthcare powers of attorney at any time during the process, although you want to do this as soon as you file the papers.



 

 

Law Office of Robert W Kovacs, Jr.
172 Shrewsbury Street
Worcester, MA 01604

P: 508 926-8833
F: 508 459-1723

 


 

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