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Category Archives: Uncategorized

Category Archives: Uncategorized

If I am accused of some wrong doing, especially a crime, or something that is not true and hurtful to my reputation, should I deny it or should I simply not say anything?

4 July 2016 Answer:  This brings into play the evidentiary idea of admission by silence, which in criminal law parlance is known as pre-arrest silence, and falls under the evidentiary topic known as prior inconsistent statement.  It also can arise in civil contexts, especially defamation cases, when a defendant raises a defense that the statement […]

Can I exempt my house in bankruptcy if I pay for it but it is in someone else’s name?

1 July 2016 Answer:  Maybe, if the facts are right and you are willing to accept some risk. Recently in the case of In re Sullivan a debtor was successful in claiming the Massachusetts homestead for a condo that was in her family member’s name.  In re Sullivan, Case No. 15-30544, (Bankr. Mass. May 2, […]

Should I attempt to make an offer of settlement under Rule 68 of the Massachusetts Rules of Civil Procedure?

22 June 2016 Answer:  An offer of settlement under Rule 68 is a tool to consider using, however, if you do considering using it be very careful you understand it very well because you may be stuck paying a settlement amount you thought you did not offer. For example, recently in the federal case of […]

Am I required to amend my schedules with newly acquired assets during a chapter 13 bankruptcy?

7 February 2016 Yes, you are required under bankruptcy law to do so, especially in Massachusetts where post-petition assets become part of the bankruptcy estate. Another very good reason to list assets acquired post-petition in a chapter 13 is to avoid falling victim to the doctrine of judicial estoppel. Judicial estoppel exists to protect the […]

If I am not paid by an employer that is an LLC, do I have a claim against the manager of the LLC personally in addition to the LLC itself?

18 January 2016 Answer: You might. The Massachusetts Wage Act is a sweeping statute that imposes personal liability on officers of corporations for non-payment of wages in addition to the corporate entity itself. Most recently, that liability was formally expanded to managers of LLC’s as long as they are considered a “person having employed in […]

I have a legal controversy or disagreement that I want resolved but there is no pending court case, how do I resolve it?

12 May 2015 Answer: File for a declaratory action under chapter 231A section 1 of the Massachusetts General Laws. Many people face the situation of having a legal conflict or disagreement and want it resolved, but if there is no pending civil action, they are left with uncertainty.  They are unaware of how to resolve […]

A clerk refuses to accept my documents for filing in Massachusetts, what should I do?

4 April 2015 Initially, you must diagnose what the problem is.  Is this a case of some legitimate impropriety with the filing and the clerk’s office has the right or obligation to reject it or is it a clerk’s office overstepping its authority?  To investigate this, you will need to be able to articulate exactly […]

What are the different courts in Massachusetts and which one do I sue someone in?

13 March 2015 There are many different courts in Massachusetts, the Land Court, Probate and Family Court, Housing Court, Juvenile Court, Small Claims Court (which is really part of the District Court), District Court, Boston Municipal Court (which is almost just the same as the District Court), Superior Court.  There is also the Medical Malpractice […]

A 1099C form just came in the mail, is this cancellation of debt (COD) income? And if so, what are the tax ramifications?

19 February 2015 This is the time of year that people are taking a look at the tax documents they have received and one of these can be a 1099C from.  This is an entity claiming that it forgave/cancelled debt owed by you to it.  The cancellation of this debt is generally taxable.  (But wait […]

Does a violation of the Fair Debt Collection Practices Act (of the federal law) constitute a violation of the Massachusetts Consumer Protection Act?

20 January 2015 Yes. Just before 2014 ended the Court of Appeals for the First Circuit issued McDermott v. Marcus ruling that a violation of the Fair Debt Collection Practices Act is a per se violation of the Massachusetts Consumer Protection Act, specifically, Mass. Gen. Laws c. 93A § 2. McDermott v. Marcus, Case No. […]