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Category Archives: Uncategorized

Category Archives: Uncategorized

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 […]

How do I find an ethical and reputable attorney?

11 February 2010 People usually hire an attorney without inquiring of others whether the attorney has a good reputation and simply assume that the attorney they end up speaking to is ethical. It is hard to learn of a bad egg partly because other lawyers are reluctant to state a negative opinion in fear of […]

Can I eliminate my student loans in bankruptcy?

28 January 2010 Probably not. Most unsecured garden variety loans can be wiped out, or “discharged” in a bankruptcy. This means that the bankruptcy court enters an injunction on the collection of the debt from your person. In other words, your personal responsibility for the loan is eliminated. (Creditors still may have their rights to […]

My car was repossessed? Can I get it back if I file for bankruptcy?

Saturday 19 December 2009 It depends on whether the repossession company or creditor still has the car and hasn’t sold it. If the creditor still has the auto, it will most likely be deemed that it is still property of the bankruptcy estate (that means it is property subject to the bankruptcy court’s jurisdiction) and […]

What is so good about an LLC?

Wednesday 16 December 2009 Typically one thinks of being able to shield personal assets from creditors that arise from their business activity (“inside liability”) as the main reason to create a business entity. Once the decision to create a business entity is made, the type of entity, corporation (Inc.), professional corporation (P.C.), limited partnership (L.P.), […]

What are the requirements to obtain a reverse mortgage, and should I get one?

Saturday, 12 December 2009 The most prevalent and only recommended type of reverse mortgage is the Home Equity Conversion Mortgage (“HECM”) (the acronym is pronounced heck um). HECM’s are insured by the United States Department of Housing and Urban Development (HUD). Some of the basic requirements for a reverse mortgage in Massachusetts are: 1) the […]

Can my (private) employer fire me for filing for bankruptcy?

Friday, 11 December 2009 The answer is No. It is plainly stated in the bankruptcy code that: 11 U.S.C. 525 . . . (b)No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under […]

Attorney-Client privilege and emails sent from work.

Wednesday, 9 December 2009 In today’s electronic age you may be using email for very confidential communications regularly. But if you want to rely on the attorney-client privilege to ensure your opponent or others can not compel the disclosure of the communications between you and your lawyer, you better not use your companies’ email system. […]