Blog
Recent Blog Posts
If my picture has been attributed to someone else’s bad conduct incorrectly, do I have a defamation claim/case?
10 June 2013 It is quite likely and depends on the context, content, and presentation of the statement(s)/publication. In the case of Stanton v. Metro Corporation, it was about a plaintiff’s picture being displayed in association with an article published by Boston Magazine. Stanton v. Metro Corp., 438 F. 3d 119 (1st Cir. 2006). […]
Before filing bankruptcy, realize it is a liquidation and take the power of the trustee seriously.
2 June 2013 When people file for bankruptcy, their focus is usually entirely on getting rid of their debts. They typically fail to realize that there is another side of bankruptcy, the liquidation of non-exempt assets. What most need to realize is that when they file bankruptcy, a bankruptcy estate is created that contains all […]
Am I liable for an accident caused by my friend when he was driving my car with my permission?
1 June 2013 Yes, in Massachusetts at least. When you lend your car to a friend, you take on risk. As you can imagine, the losses can be significant. Take the factual situation described in In re Gentile, where a judgment was entered against car owners for millions for an accident caused by their grandson […]
What happens if I do not provide my bankruptcy attorney with the documents he requested?
16 May 2013 Your case will likely be dismissed. As an aside, if your attorney filed the case for you without requiring that you provide the basic required documents then you probably hired the wrong attorney. Section 521 of the bankruptcy code addresses “debtor’s duties,” which includes the requirement to provide documents. All jurisdictions known […]
Someone defamed my business and/or property, is there anything I can do about it?
1 May 2013 There certainly is. Initially one may want to consider making a traditional defamation claim (specifically slander if the falsehood was published orally, libel if published in writing). The facts will need to be assessed to see if traditional defamation is applicable. But there is a claim recognized under Massachusetts law known as […]
What happens to my student loan debt in a chapter 13?
25 April 2013 It depends. Student loan debt is not dischargeable in bankruptcy, generally, under chapter 7 or chapter 13. So, as opposed to other unsecured debt, like credit card debt, it will still be owed at the end of the chapter 13 plan. This makes student loan debt quite unique and a topic of ongoing […]
Bankruptcy audits and their recent indefinite suspension.
25 April 2013 The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 gave the US Trustee’s office the power to audit consumer bankruptcy cases for fraud and abuse. It was to identify “material misstatements” to root out fraud and abuse. The way it worked in practice in the past was that an accounting […]
How the Eaton decision applies to future cases and why legal arguments need to be presented carefully.
8 April 2013 Massachusetts Lawyers Weekly contains a column titled THIS WEEK’S DECISIONS that presents a summary of recent court decisions. This author was recently reading the March 11, 2013, edition and came upon two apparently conflicting decisions that each applied a new rule handed down in the now well known Eaton decision. In Eaton, […]
What is an “unfair or deceptive business practice” in Massachusetts?
17 March 2013 Answer: it is not specifically defined and is decided on a case-by-case basis. Kattar v. Demoulas, 433 Mass. 1, 14 (2000). (The phrase “unfair or deceptive business practice” is from and is a reference to the standard for liability under chapter 93A § 2 of the Massachusetts General Laws.). The determination […]
A foreclosure defense theory: attacking the MERS signatory.
22 February 2013 Businesses that sell “mortgage securitization audits” or “mortgage audits” or “forensic mortgage audits” promote many arguments to consumers that are attempting to defend against foreclosure. One of the arguments presented by these companies is that the assignment of the mortgage and/or note did not properly transfer title. Specifically, the person that executed […]