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If the topless pictures of Kate Middleton were taken in Massachusetts, would she have had a legal claim under Massachusetts law for violation of her privacy?
17 September 2012 Most likely. The topless photos of Kate Middleton reportedly were taken in the south of France while the royal couple was sunbathing. The pictures apparently were obtained from a significant distance, one report being a ½ mile away. Although the privacy laws in France are known to be some of the strictest […]
What is limited assistance representation in Massachusetts and how can I benefit from it?
12 September 2012 Limited assistance representation (“LAR”) is a relatively new (and exciting) way clients and attorneys can structure representation agreements. Specifically, for clients LAR is an agreement to limit the representation to only part of a case, such as one hearing or court conference, instead of the more traditional representation agreement where an attorney […]
Do I have a claim for intentional infliction of emotional distress under Massachusetts law?
1 September 2012 Maybe, but it is a real high legal standard to meet. There are many people making claims for intentional infliction of emotional distress. Once I saw a car (Car #1) driving in the breakdown lane of a congested highway fast enough to pass other cars sitting in traffic. I then saw a […]
What happens if I conceal an asset in a bankruptcy?
30 August 2012 Answer: really bad ramifications, and now there is one more added to the mix for Massachusetts. A federal appeals court has just issued a ruling that the law allows an additional remedy against bankruptcy debtors that conceal assets. This case is important because it establishes the law for Massachusetts and adds another […]
How do I obtain documents from a third party to use in a law suit?
1 August 2012 People that have claims can find themselves in the situation of needing to obtain documents and records from a third party to use against the party they are suing or being sued by. The best way to go about this usually is to utilize Rule 45 of the Massachusetts Rules of Civil […]
How will my student loans be treated in a chapter 13 bankruptcy?
19 July 2012 This is a good question and is of some dispute in the legal field. We start with the rule that people generally know; student loans are not dischargeable in bankruptcy (with rare exceptions). Another general rule for chapter 13 filers is that unsecured creditors are usually paid a percentage of the total […]
What does the Eaton decision mean for Massachusetts homeowners facing foreclosure?
2 July 2012 On 22 June 2012 the Massachusetts Supreme Judicial Court issued its long-awaited decision in Eaton v. Federal National Mortgage Association. The issue was whether a mortgagee (bank/mortgage lender) was required to own/hold both the mortgage and note in order to foreclose, or if it was proper to foreclose with owning/holding the mortgage. […]
Can I keep my vacation (or second) home if I file for chapter 7 bankruptcy?
1 June 2012 It depends. There are many factors to address and a thorough evaluation by a quality bankruptcy attorney is necessary. However, one recent opinion issued by a Massachusetts bankruptcy judge is worth taking a look at. In In re Lawrence the Debtors had two residences, one in Massachusetts and one in Maine. In […]
Deciding to represent yourself (pro se) in litigation or bankruptcy is risky business.
31 May 2012 At times people consider representing themselves in a legal matter for various reasons. It could be the price of competent counsel, not knowing an attorney that you trust, or a belief that you can handle the matter on your own, or all or some combination of these or other factors. This blog […]
What does it cost to file bankruptcy in Massachusetts (in attorney’s fees)?
11 May 2012 This is common question posed by a prospective client when they are “shopping” for a bankruptcy attorney to file under chapter 7 or chapter 13, especially by those that put a significant emphasis (often an overemphasis) on price. This post raises one consideration for those that emphasize price when choosing an attorney […]