Michael J Tremblay’s Answers

Michael J Tremblay

Marlborough Bankruptcy Attorney.

Contributor Level 9
  1. We filed for an uncontested divorce in MA, however our court date will be a problem for him - he's in jail.

    Answered over 2 years ago.

    1. Michael J Tremblay
    2. Joshua N Robbins
    3. Jason V. Owens
    4. Henry Lebensbaum
    5. Christopher W. Vaughn-Martel
    5 lawyer answers

    You have four options: 1. Seek a continuance until after he's out of jail if you know when he wraps up. This is relatively easy, and depending on which county you are in, it can be accomplished with a phone call to the court, or my require the filing of a motion. 2. File a motion for a habeus corpus. If you have enough time, you would file the motion and the court would issue a writ to the jail and he would be brought in by the deputy sheriffs. (I'm assuming from your question that he's...

    7 lawyers agreed with this answer

  2. Can a divorce be contested in another court in the same state.

    Answered 8 months ago.

    1. Michael J Tremblay
    2. Nicole C. Armstrong
    3. Christine G. DeBernardis
    4. Timothy J. Connors
    4 lawyer answers

    The action must be filed in the county where the parties last lived together, if one of the parties still lives in that county. If both of the parties have moved from that county, it can be filed in another county where one of the parties resides. Worcester county is pretty big. So even if your spouse and you have both moved away from the "area", it may be possible one of you is still in Worcester county.

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  3. Bankruptcy and applying for jobs.

    Answered over 2 years ago.

    1. Walter C Oney Jr
    2. Michael J Tremblay
    3. Michael J Corbin
    4. Michael A. Goldstein
    5. Geoffrey Marc Khotim
    5 lawyer answers

    There is a law which prevents discrimination in employment for having filed a bankruptcy petition, and although it has exceptions and is not bullet-proof, most employers do not use bankruptcy as a criteria for employment. Secondly, in the case of a big bank, the chance of the left hand knowing what the right hand is doing is exceptionally low. In other words, the human resources department will likely never know what the credit department knows about you. So follow Walter Oney's advice -...

    6 lawyers agreed with this answer

  4. My son was found guilty of oui at 17 now 26 and went to have sealed in Ma. Judge says he'll review. needs to apply for Ed lic.

    Answered over 1 year ago.

    1. Michael J Tremblay
    2. John E DeVito
    3. Michael L. Tumposky
    4. Robert D Lewin
    4 lawyer answers

    Even sealed records are available on a CORI to law enforcement agencies, and there are special rules for employers of people working with children and elderly. First, tell your son to pull his CORI to see what it really says. Click here for information on how to do that: http://www.masslegalhelp.org/cori/get-a-copy-of-my-own Second, go to the original court and pull a copy of his docket sheet to see what it says, and make sure the CORI is correct. He may very likely not have been "found...

    5 lawyers agreed with this answer

  5. Would a "Non Conviction" finding in an assault and battery charge preclude a person from getting a gun license?

    Answered over 1 year ago.

    1. Michael J Tremblay
    2. John M. Kaman
    3. Steven D. Power
    3 lawyer answers

    A CORI report of non-conviction could indicate any adult criminal appearance that was disposed of without a guilty finding. It could include a Continuance Without a Finding where you admitted sufficient facts. Go back to the original court and obtain the docket sheet and see what it says. If it says "Nolle Prosequi" or straight "Dismissal" or "Not Guilty" you're home free. If it's a CWOF or pre-trial probation and dismissal, you may seek to petition to have the record sealed before applying...

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  6. I know this may be a difficult subject to ask a group of lawyers but do I have any recourse for bad advice that will cost me

    Answered almost 2 years ago.

    1. Michael J Tremblay
    2. Rackham Karlsson
    3. Thomas J Callahan
    3 lawyer answers

    My colleague is right, there is no "50-50" presumption in Massachusetts. Gifted or inherited property is part of the marital estate and subject to being divided by a Probate Judge in the case of a divorce, but there are no mathematical rules about who gets what share. In general, in short-term marriages (0-5 years) judges do not consider gifts or inheritances marital property; and in long-term marriages (15 years or more) judges are more likely to consider it marital property and divided it...

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  7. I have been served divorce papers, I just found out that my husband wants to supeona my bank account.

    Answered almost 2 years ago.

    1. Talia N. Simonds
    2. Michael J Tremblay
    3. Elliot S Coren
    4. Henry Lebensbaum
    5. Thomas J. Taranto
    6. ···
    6 lawyer answers

    Many banks will notify the account holder of a pending subpoena to give you time to file a motion to quash, if appropriate, and if not, after a specified time, i.e., 7 days, the bank will produce the records. However, banks are not required to give such notice, and only about half will do so. Your husband's attorney is entitled to see the records and there is not much you can do to avoid it.

    4 lawyers agreed with this answer

  8. Is there any recourse if my college never notified me of a loan rejection and sent me an $18,000 tuition bill 5 years later?

    Answered about 2 years ago.

    1. Michael A. Goldstein
    2. Michael J Tremblay
    3. Herbert Weinberg
    4. Evan A Nielsen
    4 lawyer answers

    Both of my colleagues above have provided good advice, and I would only reinforce the importance of getting the paperwork reviewed by a lawyer well versed in student loans and bankruptcy. You want to get out ahead of this. A properly worded response from your lawyer may make this go away. There is great complexity in whether or not this is a claim for a student loan - which may not be dischargeable in bankruptcy - or a claim for tuition, which is dischargeable and may be past the statute of...

    4 lawyers agreed with this answer

  9. In Massachusetts, how do I assert exempt property from creditor collections if there is a judgement against me?

    Answered over 2 years ago.

    1. Michael J Tremblay
    2. Christopher Joseph Fein
    2 lawyer answers

    The exemptions are usually applied automatically by your employer's payroll department. They have three exemption schemes to apply, two federal and one Massachusetts. They usually have a spreadsheet, and even if the court order is for $100, they can only withhold the lowest amount from all three formulas. The exception is in the case of child support orders. If they are over-withholding, you have a remedy and your bankruptcy lawyer should verify the amounts withheld. Also, after you file...

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  10. I am trying to file chapter 7, but read in a separate post that if my spouse owns the home we live in, I won't be able to use

    Answered 11 months ago.

    1. Shaye Larkin
    2. Alan S Dambrov
    3. Michael J Tremblay
    4. Brent J Jensen
    4 lawyer answers

    Don't over-think the questions on the form. Instead, simply report your truthful financial situation in the clearest possible manner. In most cases like yours, the non-owner spouse contributes (directly or indirectly) to the payment of the mortgage, even though he or she isn't contractually obligated to the bank. This is common, and to be expected. Most families couldn't live otherwise. Whether your name is on the deed or mortgage or not has nothing to do with the fact that your family's...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful