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Massachusetts Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Filed Chapter 7 BK in 2011, discharged 3/12. 2nd was surrendered, not claim as exempt. Balance was $60,000. Do we owe?

trying to refi lien is still on home

Timothy Denison
Timothy Denison answered on Sep 15, 2020

Talk to your bankruptcy attorney. You may be able to avoid all or part of the lien but much more info is needed to make a determination.

1 Answer | Asked in Civil Litigation, Bankruptcy, Consumer Law and Contracts for Massachusetts on
Q: Can I reopen a CH 13 BK from years ago as its related to CURRENT litigation?

This CH 13 BK and adversary proceeding was handled by an attorney I hired (and who is now deceased). I ONLY started digging into the facts because the opposing attorney brought it up There are strong possibilities that not only was FOTC committed, but also, the judge's order was not complied... Read more »

Timothy Denison
Timothy Denison answered on May 5, 2020

You can try. The reopening fee is $260.

1 Answer | Asked in Bankruptcy, Criminal Law, Federal Crimes and Social Security for Massachusetts on
Q: I need to hire a qualified attorned to represent me asescribed below.

currently I owe more than $3000 in cash and check, and I need to hire a qualified attorned to represent me.

David Luther Woodward
David Luther Woodward answered on Apr 27, 2020

Check with the Bar Association in Boston for lawyer's referral for someone near you who can assist.

This place is not used to engage or instruct lawyers.

Good Luck

d

1 Answer | Asked in Bankruptcy and Civil Litigation for Massachusetts on
Q: How do I file a motion for relief from the automatic stay associated with a debtors bankruptcy in MA?

We hired a general contractor to build an addition to our home, and he filed bankruptcy in the middle of the project. We can attempt to obtain money from a state guarantee fund, however in order to file a claim with this fund we need a judgement against the contractor. In order to obtain a... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

You are really going to need a lawyer to guide you through an adversarial proceeding to attempt to obtain a judgment. Consult a competent bankruptcy attorney to discuss your options.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: I am looking to file a chapter 7 bankruptcy for one account only. Is there a pro bono attorney for help?

I am basically broke, paying child support etc...this is a judgement I am trying to get rid of, they will not settle. Is there an attorney out there that will help with this, I can cover the filing fee's but that's it.

Timothy Denison
Timothy Denison answered on Mar 5, 2020

Check with your local bar association or legal aid society. Each maintains a list of pro bono or reduced fee attorneys who may help you.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: my ex husband and his lawyer made a whole case against me, with no proof. Shouldn't I have been able to defend myself?

Every trial they brought up the most disturbing cases against me. I would either have the proof, which I gave my attorney, who NEVER fought for me, or I would get it right after trial. But NEVER able to defend myself. Me and my lawyer sat quietly the whole time while they badgered me over and... Read more »

Timothy Denison
Timothy Denison answered on Feb 22, 2020

You need to have a new attorney look at your case immediately. There may be several things you can do.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Can a "payroll register" be used in place of pay stub when filling bankruptcy? My employer doesn't have pay stubs.

It looks like all the information is the same except my address is not in the payroll register. Social is and employee ID, taxes ytd etc.

Timothy Denison
Timothy Denison answered on Nov 28, 2019

If that is all you have, yes.

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: What happens at a chapter 13 bankruptcy non-evidentiary hearing?

I am a pro se Creditor in a Boston chapter 13 bankruptcy and filed an objection and motion to dismiss. A non-evidentiary hearing for both is set less than two weeks from now. What happens in the non-evidentiary hearing, and how can I best prepare for it?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

You can "best prepare" for your motion hearing by hiring a bankruptcy lawyer.

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Is a pending spousal support mod action legal justification not to pay after filing bankruptcy?

My ex-husband filed for chapter 13 the second time and shortly thereafter filed a spousal support modification action to reduce or eliminate alimony. He will not pay any spousal support after filing bankruptcy, using the pending modification action as the reason. The support order is current and... Read more »

Timothy Denison
Timothy Denison answered on Aug 1, 2019

The stay does not pre ENT him from paying maintenance nor is it a legal justification to no pay. In most jurisdictions, however, modification if granted are retroactive to the date of filingvof the motion. You filing s contempt motion for nonpayment May be in order.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: I live in the New Bedford Massachusetts area and on disability. Any pro bono attorney for chapter 13?

I cannot afford an attorney and I am facing foreclosure. I have a family of 4 and need help.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

This is not the right place to seek legal representation. This is a free public forum designed to allow members of the general public to ask participating lawyers general legal questions. If you want to retain a helpful lawyer, pro bono or otherwise, you should use the “Find A Lawyer” tab at... Read more »

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2 Answers | Asked in Bankruptcy for Massachusetts on
Q: From Boston Ch 13 pro se Creditor: Which is better strategy before creditors meeting: objection or motion to dismiss?

Strategically, which is preferable before creditors' meeting: filing an objection to confirmation or motion to dismiss the petition? What are the pros and cons for the pro se creditor?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Please try to stop asking and re-asking the same question over and over. You have already been told that you can file a motion to dismiss the entire case at any time.

As to whether you should wait until after the first meeting of creditors to move to dismiss is your choice to make....
Read more »

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: In Chapter 13 Boston Bankruptcy: I am a creditor. Can I file a motion to dismiss before the creditors' meeting?

Can I file a motion to dismiss before the creditors' meeting, or do I have to file an objection first? I haven't filed anything yet.

Timothy Denison
Timothy Denison answered on Jul 7, 2019

You can file a motion to dismiss at any time.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: In MA, can a chapter 13 creditor object to bankruptcy plan and make motion to dismiss in ONE document, or must be TWO?

I am a creditor in chapter 13 bankruptcy filing (2nd time around) and want to know if I can object to the petition and also make a motion to dismiss in one document -- or do I have to make two separate documents? If it's two separate documents, the objection would go to Debtor and Trustee on... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2019

Two separate documents. Objection in one and Motion to Dismiss in second. Serve all motions on the trustee and debtor.

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Can you go on vacation if you are already in chapter 13
Timothy Denison
Timothy Denison answered on Apr 25, 2019

You can, but probably not a wise idea unless your 13 repayment plan is 100%.

3 Answers | Asked in Bankruptcy, Copyright, Employment Law and Immigration Law for Massachusetts on
Q: I’m an aspiring lawyer, any advice?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 24, 2019

Yes. Stop wasting time asking silly questions here on Justia.

Meantime, study hard, make really good grades, get an undergraduate degree that will be there to fall back on if you flame out, apply to as many law schools as you can afford to, if several schools accept you, select the one...
Read more »

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1 Answer | Asked in Contracts and Bankruptcy for Massachusetts on
Q: Commonwealth of Puerto Rico GO Bonds

Yesterday I posted a question about the above bonds and the "Omnibus Objection to claims filed or asserted by holders" of certain of these GO Bonds. I received an a nasty response from a supposed lawyer, Bruce Alexander Minnick. FYI Mr. Minnick I have spoken with two different... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 4, 2019

Please accept my apologies if my professional advice was insufficient or came across as "nasty." I wish you all the best in your effort to collect on the general obligation bonds issues by Puerto Rico.

1 Answer | Asked in Bankruptcy and Government Contracts for Massachusetts on
Q: explain "Omnibus Objection to Claims filed or asserted by holders of certain COMMONWEALTH GENERAL OBLIGAtion bonds"

I own these P.R GO BONDS. I cannot understand the paperwork i received. please help me understand what is required of me.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

Anyone with enough money to invest in general obligation bonds issued by the Commonwealth of Puerto Rico should have enough time to call their bond broker and ask them to explain what is happening to all the bondholders.

Q: legal compensation for wrong defendant ?

BK case no: 11-43424-CJP, BAP No: MW19-016

Timothy Denison
Timothy Denison answered on Mar 8, 2019

What is your question?

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: In chapter 13 plans, what happens if my town doesn't file a proof of claim for property taxes owed?

I finished a Chapter 13 plan (in Massachusetts) 6 months ago. I had claimed approximately $4000 in property taxes under the plan, my down filed a proof of claim for $2600. I made all the payments according to the plan, but now the town is saying I owe another $1400 in back taxes for which they... Read more »

Timothy Denison
Timothy Denison answered on Jan 14, 2019

If they filed a proof of claim for $2600 and you paid it and completed the plan, then you don’t owe the money. You need to put this back in front of the court and get an order against them for violating the stay.

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