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Category Archives: Uncategorized

Category Archives: Uncategorized

How will a creditor collect from me if I lost my case in Massachusetts?

2 December 2014 After a judgment is entered, the next document to issue is called an execution.  The execution is what empowers the sheriff’s office, as it is directed by the creditor, to collect from you.  Depending on the circumstances and the court the case is in, an execution is to be issued by the […]

Can I eliminate my tax debt in bankruptcy?

1 Nov 2014 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 […]

What is a fraudulent transfer in Massachusetts?

18 October 2014 A creditor files suit against you for a debt owed.  It eventually obtains a judgment and then an execution.  You learn that the creditor is seeking to give the sheriff the execution to have him levy against your vacation home and force its sale to satisfy the judgment.  Just before the sale takes […]

With which court do I file my civil action, the Massachusetts Superior Court, the Massachusetts District Court, or the Small Claims Session?

1 October 2014 One of the first decisions that a plaintiff has to make after they decide to file suit is which court in Massachusetts to file their case in.  This is not as easy as one may think in many cases. There are some general rules.  Superior Court has jurisdiction over cases involving $25,000 […]

I am facing a motion for summary judgment in Massachusetts, what is it and what should I do?

9 August 2014 A motion for summary judgment is a way a party to litigation moves (asks) a court to grant it judgment (they win) prior to a trial on the merits (where people testify in court, etc).  It is typically filed after the discovery period of litigation has ended.  That means it is filed […]

In defense of Judge Robert S. Murphy Jr.’s June 11, 2014, Order finding Iheanyi D. Okoroafor in contempt of court at the Belchertown District Court.

16 July 2014 There has been much ado over the jailing of a retired 73 year-old man by Massachusetts District Court Judge Robert S. Murphy, Jr. over the failure to pay $508.27 as reported in the Boston Globe on July 2, 2014.  As a cursory review of the on-line comments about the story illustrate, not […]

Can I legally force a lender to take my house back by surrendering it in a chapter 7 bankruptcy?

9 June 2014 Answer:  As a general rule, no, but under the right circumstances and depending on the actions of the lender, there could be a possibility. Many consumers mistakenly believe that their mortgage lender will automatically take their home if they simply stop paying.  Although it is by far the most likely result, there […]

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A creditor in my chapter 13 filed a claim, what should I do?

8 May 2014 Answer: Do not panic as claims are a normal part of the process.  However, it is very important to, and you must if you want to preserve your rights, object to the entire claim or the amount of the claim, if you have adequate grounds. Claims establish the “rights of a creditor […]

What is the statute of limitations for a slander/defamation claim in Massachusetts?

2 May 2014 Answer: Three years from when you know or with reasonable diligence should have known the harm done and the identity of the defamer. The Massachusetts Supreme Judicial Court recently decided the case of Harrington v. Costello.  467 Mass. 720 (2014).  It is a current expression of the law on timing and the […]