Blog
Recent Blog Posts
What should I do if I dispute the amount that I owe to a creditor?
4 May 2012 Well if you live in Massachusetts, you have a new tool to use against a creditor that is collecting the wrong amount. It is 940 Code of Massachusetts Regulations 7.08. What the new regulation does is require creditors and debt collectors to validate debts that are at least 30 days past due. […]
A debt collector is attempting to collect a real old debt, what can I do?
4 April 2012 If you live in Massachusetts, the Attorney General has strengthened protection of Massachusetts consumers with new state regulations for debt collection which may help. The Massachusetts legislature gives the Attorney General the power to propose and issue regulations governing the collection of debts. The citation of the regulations is 940 CMR 7.00 […]
Is the bank required to hold both the mortgage and note to properly foreclose in Massachusetts?
6 March 2012 Described by some as the “note and mortgage defense,” this is the question to be decided by the Massachusetts Supreme Judicial Court (“SJC”), the highest appellate court in Massachusetts, at any time now. The case is titled Eaton v. Federal National Mortgage Ass’n. The initial briefs have been filed, oral arguments have […]
Can I keep all my assets if I file bankruptcy? (Part 3)
5 March 2012 In prior posts (2 November 2011 and 3 December 2011) we addressed this general topic; whether you can keep all your assets even after you file bankruptcy, which is asked by all those contemplating filing. The focus was on when you would be absolutely sure you would not lose the asset. As […]
I was sued in federal court and learned a default has been entered against me, what do I do?
6 February 2012 Technically, a defaulted party must address the default before anything else significant can be done with the case. A default is sort of like forfeiting a sports game for not showing up. In practical terms, you have either already lost the case, or you are in jeopardy of losing the case if you […]
What can happen if I do not comply with a court order?
19 January 2012 In some instances, failure to comply with a court order is a criminal violation in and of itself. For example, if you violate a restraining order, that alone is a criminal act and carries with it criminal penalties. Mass. Gen. Laws. ch 209A § 7. In other instances, failure to comply is not […]
How long does the IRS have to collect taxes owed?
4 January 2012 The answer is, generally, 10 years from the date the tax is assessed. For taxes assessed prior to 6 November 1990, this period was 6 years. However, if the tax was assessed prior to 6 November 1990 and the six year limitations period did not expire before that date, the ten year […]
Will I be able to keep all of my assets if I file for chapter 7 bankruptcy? (Part 2)
3 December 2011 As stated in the prior blog posted on 2 November 2011, we are addressing a debtor’s ability to keep his assets upon the filing of a chapter 7 bankruptcy. We stated that once the case is filed, generally your assets become part of the bankruptcy estate and are subject to liquidation. We […]
How should I prepare before filing a lawsuit?
21 November 2011 Most people that become plaintiffs in a civil suit do so for the first time in their lives. They are unsure what to expect and may underestimate the costs, risks, and time involved. They may think, “I was wronged, therefore I will eventually get the justice I deserve.” A recent publicized case […]
Will I be able to keep all of my assets if I file for chapter 7 bankruptcy?
2 November 2011 The answer is maybe. But in most cases you will not know for sure that you will keep your assets until the case is closed. For a better understanding, please read on. This question is common for people to have and for bankruptcy blogs to address. Usually the truth is told that […]