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L Jed Berliner's Answers
- 128 Legal Answers
- 0 Legal Guides
3
Attorney answers:
Is there a way to check my bankruptcy process?
Ouch! Sorry there's that distrust. You can get online access by opening an account with PACER (Public Access to Court Electronic Records), http://pacer.psc.uscourts.gov/. Check your case's docket. Download the actual filings at eight cents per page. Good luck. I’m Jed Berliner, a Massachusetts bankruptcy and foreclosure defense attorney. I send letters of representation to creditors immediately, unless there is some special circumstance. A letter from a lawyer has a different...
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5
Attorney answers:
Question of fraudulent transfer
Intent controls ownership of deposits into Massachusetts joint accounts, so I respectfully disagree with my colleagues despite my knowledge of and respect for them of many years. And I don't even get any Avvo points for making this post. You followed your common sense when you acted as you did. You now must hope that the judge, if not the trustee, will agree with you after your husband pays his own attorney for significant research and advocacy services. I’m Jed Berliner, a...
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2
Attorney answers:
My mother is the victim of a loan modification scam. Is it possible to sue for a refund?
Yes, it's quite possible to sue for a refund and I encourage you to do so - through the services of an attorney. I believe the center would simply blow off your mother if she (or you, on her behalf) were to make a demand. A lawyer's demand carries greater weight, plus the real fear that a lawyer could force payment where your mother might not know how to do so. The attorney will investigate whether (1) the mortgage is predatory, (2) proper disclosures were given to you at the closing, (3)...
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3
Attorney answers:
"trespass to chattels" claim.
Trespass to chattels is temporarily taking possession of someone else's property. (Hey, Professor, did I pass?) It's called "conversion" if the taking is permanent. I haven't seen the phrase since law school; thanks for the memories. It's an intentional tort (damage-causing behavior), as opposed to negligence (not intentional, just careless). These kinds of debts are not discharged if (1) they are intentional, (2) there is malicious intent, and (3) the injured party brings a special...
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2
Attorney answers:
Does paying a lesser, "Pay off" amount for a debt affect your credit the same as paying the full amount?
Here's your answer in simple English: Yes, your credit will be hurt if you accept this offer. You currently have a negative report, but it's old and discounted in the calculation of your credit score. A new "payment and full resolution" is a new negative entry because it is a report of a late payment and restarts the aging of the account for credit report purposes. There's also a risk of having to pay taxes on this Debt Forgiveness Income. Trust your gut on this one. You know these...
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2
Attorney answers:
Joint Personal Chapter 7 Bankruptcy filing where one is Sole Mem of LLC w/ only car loan no assets really
The equity in the truck is an asset of the LLC, and the LLC is your asset. Protecting assets needs a complete review by an attorney. So many clients think they don't have assets when they really do, which is why I'm one of the very rare attorneys who performs a national asset database search. There's little worse than a trustee taking an asset which should have been protected by some advance planning. I suggest you read my strong opinion against reaffirming vehicles in Massachusetts when...
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5
Attorney answers:
What is a state lien or state summons on a bank account?
No advance notice is required, if the judge so rules. There is a requirement for notice after the lien. In every case I've had where receipt of notice is denied, it was always properly mailed but there was a problem with the delivery which is not the creditor's fault. You might be the exception, or not. A "state lien or summons" only means that the lien was issued under authority of state law, as opposed to a federal lien. It does not mean that the creditor is the Commonwealth of...
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2
Attorney answers:
Exempt assets under 11 USC ss. 522(d)(2) & (3)
I'm sorry my Virginia colleague wasted your time with lots of words but no help. Your question begins "in general", and I'll answer the same way: In general, no. I can be lots more helpful with more details. What asset are you afraid of losing, what would be the reason? Has the petition been filed? What's the basis for the law suit in which there is or may be discovery? Let's move from the general to the specific. For more free bankruptcy information, go to www.berlinerlaw.com....
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2
Attorney answers:
Mtg mod done in 2009, added to mtg as cosigner, have docs mtg co saying no record and dening MHA program
It's real easy to get confused with all the legal documents floating around in your situation. Let's separate them. Here's the deal: A deed is not a mortgage note. A deed is not a mortgage. The deed says who owns the property. The mortgage note says who the borrowers are, and is signed by all the borrowers. The mortgage is a lien on the property, and is only signed by the owner. It sounds like your father in law was the only person on the deed. You being added to the mortgage note (...
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2
Attorney answers:
How do I start the foreclosure proceedings?
Erik is spot-on. Figure on (1) $6,000+, and (2) six months minimum. You and the new owner both know the payments won't be made, so stop wasting both your times. Acknowledge the obvious. See if you can offer cash for a deed from the owner in lieu of bankruptcy, payable upon delivery of the deed and vacancy of the property. You can sue the guy for money without foreclosing but, really, if he's not paying the mortgage then what will a suit get you? You took a risk by private financing...
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