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Massachusetts Questions & Answers
1 Answer | Asked in Bankruptcy for Massachusetts on
Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear about the sudden change in your bankruptcy filing. This must be a stressful and frustrating situation. A few key points to consider:

1. Discuss the change with your lawyer: Ask your attorney to explain in detail why they now believe you need to file for Chapter 13...
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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

William J. Amann
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answered on May 5, 2024

Deciding which chapter you're eligible for and should file is a fundamental but key decision. I'm assuming the $1,500 fee you referenced is for your attorney and not the "phone course for chap7." The terms of engagement, such as the hourly fee amount and the billing... View More

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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

James L. Arrasmith
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answered on May 5, 2024

I'm sorry to hear about the sudden change in your bankruptcy filing. This must be a stressful and frustrating situation. A few key points to consider:

1. Discuss the change with your lawyer: Ask your attorney to explain in detail why they now believe you need to file for Chapter 13...
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1 Answer | Asked in Employment Law for Massachusetts on
Q: Can my employeer tell me I can't share outside work resources with coworkers, outside work hours? Plus. Others.

Myself and a number of our part time staff at a non profit are low income. 4 of us are very good friends outside of work. Sometimes one of us is able to get free produce that she then distributes to us after work hours, when we are all together on a work day. Our manager has recently told her that... View More

Nicholas Arthur Matlach
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answered on May 2, 2024

This situation raises several concerns. Here's a breakdown of some of the issues I see based on your description, but a more thorough analysis should be done by an attorney retained to help you navigate this tricky area:

Sharing Resources:

- Employer's Right to Interfere:...
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1 Answer | Asked in Contracts, Real Estate Law and Collections for Massachusetts on
Q: Could I get sued by a real estate agent for not paying their broker fee?

Myself and a friend are looking for a rental apartment in Boston. On of these listing sites, a real estate agent reached out to me offering to help me, without stating there was a fee for service or making me sign anything agreeing to a fee. We finally find a place we like and the agent send us a... View More

Nicholas Arthur Matlach
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answered on May 2, 2024

This is a difficult case, and one that should be reviewed by a licensed attorney experienced in handling contracts. Here are some considerations for your discussion with an attorney:

- Contractual Obligations: Whether you're bound to the "sight unseen" document depends on its...
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1 Answer | Asked in Criminal Law and Federal Crimes for Massachusetts on
Q: Can they place a bail on you if you get indicted, even though a bail in district court wasn’t set
Lissa McKinney
Lissa McKinney
answered on May 2, 2024

Yes. Even if you were out on personal recog in the District Court, the indictment is considered a 'change in circumstance' that will result in the higher/ Superior Court *reviewing bail. It does not mean that they will alter it, or that it will be too high to make. Bail is set based on... View More

1 Answer | Asked in Criminal Law and Civil Rights for Massachusetts on
Q: Can someone secretly record me outside in massachusetts
Lissa McKinney
Lissa McKinney
answered on May 1, 2024

No one can secretly record AUDIO record a private person in MA. ( the rules are a bit different for public officials, police etc). Massachusetts is one of 12 consent states requiring consent of all parties to a recording. The issue is one of secrecy though. Making it clear that a recording is... View More

1 Answer | Asked in Education Law, Tax Law and Civil Rights for Massachusetts on
Q: Should I sue my school?

I attend a private high school in MA. The school has meetings that only members of certain races or ethnicities are allowed to attend. The school does not receive federal funds, but is a 501 (c)(3). Could I sue under code IRS 75-50 similar to Bob Jones vs US?

James L. Arrasmith
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answered on Apr 27, 2024

The case you referenced, Bob Jones University v. United States (1983), dealt with the IRS revoking the tax-exempt status of a private university due to its racially discriminatory policies. The Supreme Court ruled that the IRS could revoke the tax-exempt status of organizations that violate... View More

2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

Nina Whitehurst
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answered on Apr 26, 2024

At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

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2 Answers | Asked in Estate Planning, Tax Law and Family Law for Massachusetts on
Q: Is a Irrevocable trust legally obligated to pay income taxes on monetary cash gifts it receives ?

Id like to know:

Are Irrevocable trusts legally responsible to pay income taxes on any monetary cash gifts they receive within a single calendar year or is such money gifts the trusts acquire, exempt from any taxation requirements ?

(fyi: In this particular situation the money gifts... View More

James L. Arrasmith
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answered on Apr 27, 2024

In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More

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1 Answer | Asked in Immigration Law for Massachusetts on
Q: Can I travel to puerto rico from the U.S. Virgin Islands on my work authorization permit while my I-485 is pending?

There’s customs in US virgin Islands

James L. Arrasmith
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answered on Apr 23, 2024

If you are a foreign national with a pending I-485 (Adjustment of Status) application and a valid work authorization permit (EAD), you should be able to travel between the U.S. Virgin Islands and Puerto Rico without affecting your pending I-485 application. This is because both Puerto Rico and the... View More

2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

The corporation can authorize anyone to sign on its behalf. It could be an officer of the corporation like the president, a vice president, or treasurer. It could be an employee. It could even be someone who does not work for the corporation at all.

Typically, either the corporation...
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2 Answers | Asked in Contracts, Banking, Business Formation and Business Law for Massachusetts on
Q: How would a corporation sign legal documents ?

Id like to know if a corporation ( more specifically a Inc.) seeks to signs a legal document (e.g. bank loan, lease etc) how must the document be formally signed to be fully legal and valid?

Should the president of the corporation simply sign on behalf of the corporation as follows... View More

James L. Arrasmith
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answered on Apr 21, 2024

When a corporation, such as an Inc., signs a legal document, the signature should be made by an authorized representative of the company. This is typically done by a corporate officer, such as the president, vice president, or secretary, who has been granted the authority to sign on behalf of the... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: There is a piece of property around 200 sq feet that we have been using for the past 27 years that a condo association

They attempting to get back from us. The property abuts our land and after about 19 years they are looking to take it back do we have any right here.

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

Your argument would be that you used the land as if it were your own, you landscaped it, cut the grass, watered the plants, built on it, parked your car there, etc. (if all that is the case) and if the town assessed it to you, paid taxes on it, and that it should have been obvious to the... View More

1 Answer | Asked in Real Estate Law for Massachusetts on
Q: Can a board of trustee of a cordiaminum prohibit washers and dryers in the units (they have hook-ups)?

Good afternoon: I just purchased a condo (apartment) and the trustee says washers and dryers are not allowed in the building. The trustee just says that the owners voted and except for 2 apartments, the rest of the owners voted against washer and dryer in the building. I am wondering if this... View More

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

I have never heard of a condominium prohibiting washers and dryers. I would think you would have explored that in the process of buying the condo. I took a quick look a the statute and I found nothing stating one way or the other the permissibility of washers and dryers. Is it that they are... View More

2 Answers | Asked in Landlord - Tenant, Personal Injury and Wrongful Death for Massachusetts on
Q: Can a landlord be held liable for injuries in a tenants leased space that they have full control of?

Id like to know if a commercial landlord can be held liable for any personal injuries suffered by any persons within the confines of the tenants leased space that a tenant has full control of, when the tenant agrees per lease agreement they are solely responsible to perform ALL upkeep, repairs and... View More

James L. Arrasmith
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answered on Apr 16, 2024

In general, a commercial landlord's liability for injuries that occur within a tenant's leased space is limited when the tenant has full control over the space and has agreed to maintain it. However, there are some exceptions and nuances to consider:

1. Lease agreement: If the...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Massachusetts on
Q: Can money be gifted to a irrevocable trust ?

I have 3 questions:

1) Can money be gifted to a irrevocable trust?

If so

2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?

3) Can a trustee and beneficiary to the same trust also gift money to the same trust?

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:

1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is...
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1 Answer | Asked in Contracts, Civil Rights and Collections for Massachusetts on
Q: My case is the defendant admits in a hand writing confession saying that she takes money and she didn't return it.

she gave the confession to the court..now it s been one year I didn't get a solution to my issue ..do I have to address an other court? I have all evidence and preuve in the court ..the defendant own 2 houses under her name. One year now pass the issue still not resolved.do I have to hire a lawyer?

James L. Arrasmith
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answered on Apr 10, 2024

Based on the information you provided, it seems that you have a strong case against the defendant, as she has admitted to taking the money and not returning it in a handwritten confession. However, it is concerning that one year has passed without a resolution to your case.

Given the...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Massachusetts on
Q: If I flee d.v. from my husband and leave the home with our son can he call the police on me for kidnapping?

I do have photos of marks and bruises from assaults

over the last few months emailed secretly to a 2nd account but it's escalating and I'm scared for our safety but he's threatening me with police and has threatened my life if I leave with our sob

Brian Waller
Brian Waller
answered on Apr 9, 2024

Your husband could definitely call the police, the question is what the police would do. I would suggest applying for an abuse prevention order, which can be done at the District Court or Probate and Family Court, or you can go to a police station to file a report there and they will assist you by... View More

1 Answer | Asked in Immigration Law, Adoption and Family Law for Massachusetts on
Q: How can I change my sons date of birth on his birth certificate and citizenship papers. He was adopted from Haiti.

we have since received an new birth certificate from vital records in Haiti? Thank you

James L. Arrasmith
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answered on Apr 8, 2024

Official documents like birth certificates and citizenship papers are legal records, and altering them is considered forgery, which is a serious crime.

If your son was adopted from Haiti and you have received a new, official birth certificate from the proper authorities in Haiti, then that...
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