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Recent Blog Posts

What is so good about an LLC?

Wednesday 16 December 2009 Typically one thinks of being able to shield personal assets from creditors that arise from their business activity (“inside liability”) as the main reason to create a business entity. Once the decision to create a business entity is made, the type of entity, corporation (Inc.), professional corporation (P.C.), limited partnership (L.P.), […]

What are the requirements to obtain a reverse mortgage, and should I get one?

Saturday, 12 December 2009 The most prevalent and only recommended type of reverse mortgage is the Home Equity Conversion Mortgage (“HECM”) (the acronym is pronounced heck um). HECM’s are insured by the United States Department of Housing and Urban Development (HUD). Some of the basic requirements for a reverse mortgage in Massachusetts are: 1) the […]

Can my (private) employer fire me for filing for bankruptcy?

Friday, 11 December 2009 The answer is No. It is plainly stated in the bankruptcy code that: 11 U.S.C. 525 . . . (b)No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under […]

Attorney-Client privilege and emails sent from work.

Wednesday, 9 December 2009 In today’s electronic age you may be using email for very confidential communications regularly. But if you want to rely on the attorney-client privilege to ensure your opponent or others can not compel the disclosure of the communications between you and your lawyer, you better not use your companies’ email system. […]

I was sued for negligence and my homeowners insurance company has denied my claim saying the damage was caused by an intentional act, what can I do?

Friday, 1 January 2010 It is common for homeowners insurance policies to have exclusions for damage caused by an act “which is expected or intended by one or more ‘insureds’” (intentional act). Insurance companies may say this exclusion applies to all people covered under the policy, even when more than one person covered under the […]

Can I keep one of my credit card accounts even if I file for bankruptcy?

4 January 2010 It depends on whether the account has a balance when you file your bankruptcy petition, and, if there is no balance, how a creditor may react to the bankruptcy filing. If your account has a balance, the answer is no. The reason is that the chapter 7 bankruptcy petition, which is signed […]

Someone spread derogatory information about me to others, what can I do?

10 January 2010 You might have grounds to sue them for defamation. Defamation is somewhat of a catch all word and specifically means slander and/or libel. Slander is by spoken word, libel is by a writing. Generally, the elements for slander are: 1) a publication (making an oral statement); 2) to at least one third […]

What is the Co-debtor (or Co-signer) stay?

13 January 2010 Often debts (loans) have more than one person obligated to repay the creditor (on the hook). These can be loans where the debt is jointly owed by two joint account holders. There are also debts where one person is the primary account holder and receives the money, and another voluntarily becomes obligated […]

Can I tithe during bankruptcy?

14 January 2010 Yes. Under either chapter 7 or chapter 13 a debtor is allowed to regularly contribute up to 15 percent of their gross income to a charitable organization. For example, if a debtor had a gross income of $40,000 a year, they would be allowed to contribute $6,000.00 a year to a charitable […]

A debt collector is calling my cell phone using an auto-dialer, what can I do?

16 January 2010 You might have grounds to sue them! It depends on whether you gave the original creditor or the debt collector “prior express consent” to call you on your cell phone. You may want to ask yourself, did you write the cell phone number on your original credit application? (Did you have the […]