Author Archives: George Bourguignon
Want to hire a cheap lawyer, watch out!
23 August 2010 Frequently my office receives calls from people saying they are contacting all the bankruptcy lawyers listed in the phone book and inquiring: “How much do you charge for a bankruptcy?” The caller fails to realize that there are different chapters to file under, which are very different, including different amounts of time […]
What happens if I don’t pay my condo fees in Massachusetts?
30 June 2010 There is a reason why condo associations are aggressive in the collection of condo fees. Let me introduce you to the Massachusetts condominium “super-lien” provided by Massachusetts General Law chapter 183A. The super-lien allows condo associations priority over your lender in the distribution hierarchy in the event of foreclosure. This means that […]
Can I eliminate my tax debt in bankruptcy?
30 June 2010 Maybe. First, the good news; although difficult, eliminating tax debt in bankruptcy is possible and very beneficial. Tax debt grows quickly and can hang over you for what seems like an eternity. The government also enjoys collection powers that other creditors do not. So, obtaining a discharge from tax debt can give […]
How much will I have to pay each month in a chapter 13? What will my monthly chapter 13 payment be?
24 June 2010 The answer to this question is hard to predict until a proper analysis is completed. This analysis is based on applying the law to each person’s unique financial circumstances. Everyone’s payment amount is different. As I write, I am aware of one plan proposing to pay $78.00/month, another paying $130.00/month, and another […]
My ex-husband/ex-wife filed for bankruptcy, what do I do?
23 June 2010 There are many concerns that can arise when an ex-spouse files for bankruptcy —too many to address in one or even a few blogs— and every situation is different anyways. So, if you’re in this situation you should immediately meet with a competent bankruptcy lawyer who includes creditor representation as part of […]
What is feasibility in a chapter 13 and why is it important?
18 June 2010 In order to accurately understand the concept of feasibility, it is important to start with a discussion of the basics of filing a chapter 13 bankruptcy. In chapter 13, the debtor needs to present a plan for approval by the bankruptcy court. It is a personal reorganization plan so to speak. Generally, […]
What is good faith and why is it important in a chapter 13 bankruptcy?
17 June 2010 The term “good faith” is not defined in the bankruptcy code. Nonetheless, the code expressly requires that your chapter 13 petition be filed in “good faith” and that your chapter 13 plan be proposed in “good faith” (your petition is different than your plan); and your case may be dismissed if a […]
Should I file a chapter 13 plan by myself?
26 February 2010 No. The first reason is because a chapter 13 is a complex legal and financial arrangement. Generally, it is more complicated than a chapter 7. In fact, most lawyers would consider themselves unqualified to assist a client in filing a chapter 7, and even more a chapter 13, and they would be […]
Is the arbitration clause in my credit card agreement enforceable?
24 February 2010 It depends on where you live, how the card is used (commercial or personal), and what kind of claim you seek to bring. For example, if you live in Massachusetts (or otherwise Massachusetts law applies), use your card primarily as a consumer, and seek to bring a claim under the Massachusetts Consumer […]
Is it OK to file legal pleadings secretly prepared by an attorney?
11 February 2010 For the attorney, this is called ghostwriting. Whether it is allowed depends on the jurisdiction and the specific court. For instance, in Massachusetts it has been allowed in the probate and family court in certain counties since 1 November 2006. When this ghostwriting is done, the filing must state it was “Prepared […]