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Category Archives: Uncategorized

Category Archives: Uncategorized

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. […]

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 […]