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Recent Blog Posts

Cash advances and bankruptcy, do they mix?

1 January 2011 Cash advances prior to bankruptcy are common, but do raise some concerns that should be addressed by a professional to assess the risk of bad results in a potential bankruptcy prior to filing. If the cash advances were recently taken, or as bankruptcy practitioners may describe as “on the eve of bankruptcy,” […]

Can I eliminate debt recently incurred from gambling by filing chapter 7 bankruptcy?

29 December 2010 Generally, debt that arises from gambling is not per se treated any differently under the bankruptcy code than any other unsecured debt. But if you have recently incurred gambling debt, it depends. Some initial questions: How recent was the debt incurred? How much is the debt? What were the circumstances? How long […]

Criminal trespass in Massachusetts exists under more than one Massachusetts statute.

20 December 2010 We have blogged about what would be referred to as the “general” criminal trespass statute, but there is one specifically addressing those “willfully and maliciously” entering a garden or the like, and destroying or stealing. It can be found in section 115 of chapter 266 of the Massachusetts General Laws; the general […]

I was sued by a bankruptcy trustee for a preference, what is a preference and what should I do?

14 December 2010 It can be quite confusing when receiving a letter from a bankruptcy trustee demanding money from you. This is especially true when you simply received payment for a debt that was owed to you. You may wonder, is something wrong with getting paid for a legitimate debt? Understand that, although usually when […]

Chapter 7 Bankruptcy & Utility Bills—What Happens?

13 October 2010 Utility bills, in one way, are just like any other unsecured debt—they are discharged in a successful chapter 7 bankruptcy. So, relief from the outstanding amount at the time of filing for bankruptcy can occur. But that is where the similarity to other unsecured debts ends. 11 U.S.C. § 366. Usually, a […]

Someone stole my identity . . . what do I do?

30 August 2010 There are many different types of identity theft. Identity theft can be an unauthorized use of an existing account, or alternatively it can be the creation and subsequent use of a new account or accounts. The first step in most circumstances remains the same—it is best to place a temporary fraud alert […]

Reaffirming debts in bankruptcy.

23 August 2010 Bankruptcy (generally) allows a debtor to eliminate his personal responsibility for a debt. This is why most people file for bankruptcy. Reaffirming a debt is making a new agreement to pay the debt in spite of the bankruptcy. It is giving up the right a debtor has to eliminate the personal liability […]

Want to hire a cheap lawyer, watch out!

23 August 2010 Frequently my office receives calls from people saying they are contacting all the bankruptcy lawyers listed in the phone book and inquiring: “How much do you charge for a bankruptcy?” The caller fails to realize that there are different chapters to file under, which are very different, including different amounts of time […]

What happens if I don’t pay my condo fees in Massachusetts?

30 June 2010 There is a reason why condo associations are aggressive in the collection of condo fees. Let me introduce you to the Massachusetts condominium “super-lien” provided by Massachusetts General Law chapter 183A. The super-lien allows condo associations priority over your lender in the distribution hierarchy in the event of foreclosure. This means that […]

Can I eliminate my tax debt in bankruptcy?

30 June 2010 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 […]