Author Archives: George Bourguignon
Can I keep all my assets if I file bankruptcy? (Part 3)
5 March 2012 In prior posts (2 November 2011 and 3 December 2011) we addressed this general topic; whether you can keep all your assets even after you file bankruptcy, which is asked by all those contemplating filing. The focus was on when you would be absolutely sure you would not lose the asset. As […]
I was sued in federal court and learned a default has been entered against me, what do I do?
6 February 2012 Technically, a defaulted party must address the default before anything else significant can be done with the case. A default is sort of like forfeiting a sports game for not showing up. In practical terms, you have either already lost the case, or you are in jeopardy of losing the case if you […]
What can happen if I do not comply with a court order?
19 January 2012 In some instances, failure to comply with a court order is a criminal violation in and of itself. For example, if you violate a restraining order, that alone is a criminal act and carries with it criminal penalties. Mass. Gen. Laws. ch 209A § 7. In other instances, failure to comply is not […]
How long does the IRS have to collect taxes owed?
4 January 2012 The answer is, generally, 10 years from the date the tax is assessed. For taxes assessed prior to 6 November 1990, this period was 6 years. However, if the tax was assessed prior to 6 November 1990 and the six year limitations period did not expire before that date, the ten year […]
Will I be able to keep all of my assets if I file for chapter 7 bankruptcy? (Part 2)
3 December 2011 As stated in the prior blog posted on 2 November 2011, we are addressing a debtor’s ability to keep his assets upon the filing of a chapter 7 bankruptcy. We stated that once the case is filed, generally your assets become part of the bankruptcy estate and are subject to liquidation. We […]
How should I prepare before filing a lawsuit?
21 November 2011 Most people that become plaintiffs in a civil suit do so for the first time in their lives. They are unsure what to expect and may underestimate the costs, risks, and time involved. They may think, “I was wronged, therefore I will eventually get the justice I deserve.” A recent publicized case […]
Will I be able to keep all of my assets if I file for chapter 7 bankruptcy?
2 November 2011 The answer is maybe. But in most cases you will not know for sure that you will keep your assets until the case is closed. For a better understanding, please read on. This question is common for people to have and for bankruptcy blogs to address. Usually the truth is told that […]
What can I do if a debt collector is reporting a debt to credit bureaus that I dispute?
5 October 2011 Especially in cases involving incorrect names, identity theft, and prior settled accounts, debt collectors unfortunately collect debts that are not valid or owed. If it happens to you, you should dispute it. A dispute can be made orally to invoke the law. Brady v. Credit Recovery Co., 160 F.3d 64 (1st Cir. […]
What happens to my 529 education account if I file for bankruptcy?
What happens to my 529 education account if I file for bankruptcy? 12 September 2011 It depends on a number of factors. But relatively recent changes in bankruptcy law by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) made it more likely you will be able to keep all or at least […]
The new bankruptcy rules are coming!
6 September 2011 The United States Supreme Court has approved significant changes to the Rules of Bankruptcy Procedure that will take effect 1 December 2011. The most notable changes are to Bankruptcy Rule 3001 regarding requirements for creditors in the claims they make in bankruptcy cases in general; and the addition of Bankruptcy Rule 3002.1 […]