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3 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?

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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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1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for New Hampshire on
Q: can my manufactured housing co-op which is resident owned fine me for non attendance of the annual meeting

this is their wording on an illegal by our contract mail-in vote...attendance to annual meetings is mandatory for all members .The board will consider any requests for absentee ballots that include a reason such as hospitalization or out of state .attendance to the annual is a basic responsibility... View More

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answered on Nov 12, 2023

RSA 205-A defines a manufactured housing park as any parcel of land under common ownership or control that contains, or is designed to contain, two or more manufactured housing units such as mobile homes. Owners and operators of manufactured housing parks are prohibited from:

Requiring more...
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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: I recently acquired a debt of $82,000.00 to the veteran’s administration.

For the past six years the VA overpaid me for compensation and pension benefits. All that time I thought the benefit was a lifetime benefit. My stupidity is no excuse, but the VA paid me the benefits every month. At the time VA homeless shelter personnel collaborated with me to get the compensation... View More

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answered on Oct 17, 2023

Your Justia inquiry came in as a "Bankruptcy" question, so I assume you think that is the way to go. It might be. First, you may be judgment proof and filing might be unnecessary. Second, the VA might have a process in place to deal with this. If it's Bankruptcy, I'm... View More

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3 Answers | Asked in Bankruptcy for Massachusetts on
Q: i am 71 years old,i have been living off my credit cards. at my age i will never be able to pay them off.this will be my

it will be the third time in my life to do this.i am sick to my stomach over this but i have no other choice.i bought food paid bills and i can barely keep my head above water......please help

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answered on Sep 4, 2023

It might seem odd to say but you might just be "judgment proof". In other words, you might not have any non-exempt assets or income for an unsecured creditor to pursue. If that's the case and if you can stomach it, you can essentially ignore the calls and letters. However,... View More

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2 Answers | Asked in Legal Malpractice for New Hampshire on
Q: If an attorney lied to their client about custody laws and threatened to quit if you didn't agree can you sue them?

My attorney continuesly lied to me inorder to drag out my custody case and help the state max child support and awward mother custody. She would tell me if i exercise my constitutional rights the judge will just take my visitations away, shed tell me I miss understood the laws when I'd... View More

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answered on Aug 20, 2023

An attorney-client relationship, just like other kinds of relationships requires trust, among other things. It's clear that you do not trust your attorney. However, I don't see any benefit to your own lawyer to intentionally lie to you about anything quite frankly, let alone sabotaging... View More

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2 Answers | Asked in Business Law and Contracts for Massachusetts on
Q: If a business receives an overpayment on an invoice, can we apply the overpayment to a different outstanding invoice?

If a client has an outstanding balance and overpays on an invoice, can we apply the overpayment to a different outstanding invoice or do we need to get permission first or do we just have to send them a check for the overpaid amount? Do I also need to contact them first if I sent back the overpaid... View More

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answered on Jul 7, 2023

As with many answers to legal questions, the answer is "it depends". It depends on what kind of contract you and your customer have. For example, a gym membership or statutorily defined consumer contract or retail installment contract may be regulated in such a way as to prohibit the... View More

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1 Answer | Asked in Employment Law, Tax Law and Business Law for Massachusetts on
Q: If I am appointed as a manager for a single member LLC my spouse owns, am I considered an employee that needs a salary?

My wife and I are planning on creating a single member LLC in Massachusetts where she would be the sole member and would be managing day-to-day operations for the business. I would be helping manage the business operations, such as finance, bookkeeping, and administrative items such as managing a... View More

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answered on Jun 8, 2023

No, you don't both need to listed as co-managers. Whether you are a co-manager or manger has little to no bearing on whether you are considered an employee. Employee status analysis is best done under IRS rules. You also don't need to be paid but being paid would bear on employee... View More

1 Answer | Asked in Banking and Civil Litigation for Massachusetts on
Q: Plaintiff has attorney attach writ of attachment for $25k & it’s recorded at registry of deeds is that total owed?

Judge said case we responsible above 20k but set to 25k writ of attachment of home

Is that all that will come from this civil lawsuit case

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answered on May 24, 2023

The short answer is no. In addition to a real estate attachment, which the plaintiff will soon record, there should have been an accompanying Complaint. You will have to Answer that and defend the case or resolve/settle it. Hopefully, your total exposure is no greater than $25,000 but depending... View More

1 Answer | Asked in Civil Litigation for Massachusetts on
Q: If I'm represented by an attorney at a firm, can all his colleagues assist in the case without filing notice to appear

Are all attorneys assisting with a civil matter required to file a notice of appearance?

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answered on May 23, 2023

Yes. The attorneys who file an appearance are the lawyers of record with the court on your behalf. That doesn't mean other lawyers in the firm cannot assist, behind the scenes, on a case. I think it's a matter of degree and what they are doing. Conducting legal research or drafting... View More

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Massachusetts on
Q: Can a buyer dispute a nonrefundable deposit on an online contract for mentorship if the contract had already been signed

Do contract cancellation forms apply to online nonrefundable services? If the buyer had attempted to resolve the issue with the service provider to no avail within one day of purchasing it, do they still have the right to dispute the charges and are viable for refund? Is there at all any way within... View More

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answered on May 20, 2023

In Massachusetts, there are a myriad of regulations which can pertain to specific types of contracts and cancellations. For example, Uniform Commercial Code governed contracts would likely fall under the definitions of "contract", "contract for sale" and... View More

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Chapter 13 My lawyer proposed a repayment plan, but I know that I won’t be able to keep up with it. What should I do?
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answered on May 7, 2023

You are only harming yourself by not being honest with your lawyer about this. Talk with your lawyer about it. This happens quite often. Perhaps there are expenses you aren't disclosing or are under-reporting. Maybe there are exemptions you haven't fully claimed. Maybe your Plan... View More

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: If I file chapter 13, and I’m making my monthly payments…..can I sell my home, pay off the bankruptcy plan payments,

Can I keep the remainder of my home equity?

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answered on May 7, 2023

Yes, you should be able to do that once your Ch. 13 Plan is confirmed. The First Circuit has adopted the “complete snapshot rule” whereby the petition date sets the date for establishing exemptions. So, for instance, if a Chapter 13 debtor were to schedule his home at $300,000.00 with a... View More

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1 Answer | Asked in Civil Litigation and Small Claims for New Hampshire on
Q: What happens when a small claims co-defendent gets notification of a small claims suit if they don't live at the address

My boyfriend was informed he was being sued as a co-defendent for items left at my house by a former friend of mine... but he does not live at my address. This person does not know his address... only that he stays at my house

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answered on Apr 26, 2023

Typically, service is made by leaving a summons & complaint at someone's "abode" or residence. Some types of actions require serving a defendant "in-hand", such as Contempt Motions usually. Small claims probably just requires abode service. The Plaintiff should have... View More

3 Answers | Asked in Bankruptcy for New Hampshire on
Q: Question about receiving an inheritance in the middle of chapter 7 bankrupty.

Say I filed chapter 7 and I owe $35,000 in credit card debt. I have no assets at the time that I file. Then three months after filing I inherit $120,000. Does the Trustee pay off your debts and then return to you what is left over? I wouldn't lose all that money if I only owe $35,000? Is that... View More

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answered on Apr 17, 2023

Before you file Bankruptcy under any chapter, consult competent counsel.

Property of the estate is defined by 11 USC § 541. It includes:

Any interest in property that would have been property of the estate if such interest

had been an interest of the debtor on the date...
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1 Answer | Asked in Contracts, Civil Litigation and Lemon Law for New Hampshire on
Q: i bought a truck with a rotten frame

also my contract was not right and also they had a vsi on there for 125 which that is what I thought but find out it is for 27 months never was told this also the whole contract did not make sense the money on the paper were not right just a lot wrong with this whole deal I stop paying after 5... View More

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answered on Apr 4, 2023

New cars and other new motor vehicles are covered by manufacturers' warranties. These warranties must follow the rules set by the federal Magnuson-Moss Warranty Act and the Uniform Commercial Code (UCC) (refer to the section on Warranties for more information). The manufacturer's warranty... View More

3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
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answered on Mar 20, 2023

Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... View More

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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
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answered on Mar 20, 2023

What happens depends upon which chapter bankruptcy you file--most likely 7 or 13 and when you file. Certain liens and judgments can be voided under the Bankruptcy Code, e.g., 11 USC 522 (f). Section 522(f) allows a debtor “to avoid or ‘wipe out’ a valid

perfected lien or interest...
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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.

What exactly does that mean?

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answered on Mar 15, 2023

A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000);  5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).

My firm's primary...
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1 Answer | Asked in Business Formation and Business Law for New Hampshire on
Q: Can a dba registered In one state be used in commerce in a state other than which it is registered.
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answered on Mar 8, 2023

Doing Business As or d/b/a is akin to a Trade Name. So, you could be a NH, LLC d/b/a "Jack Sparrow Goods" or whatever name you have. If you're doing business in another state, there are several important things to consider such as registration in each state, taxes, consumer... View More

1 Answer | Asked in Business Law for Massachusetts on
Q: I have a Business partner, LLC .. partner has no driver license.. if he take a comm plate truck ancrashes can I get sued

If my business partner takes steals the commercial plate dump truck with no drivers license without me knowing and crashes into someone or causes injury can I get sued personally? Because he has no license and the only one on the insurance

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answered on Sep 1, 2023

Under the facts you stated above, it's unlikely you would be sued personally as a member of an LLC. If it's a partnership, you might be. I recommend hiring competent counsel to get into further details and review this more thoroughly.

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