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Michael J Tremblay

Michael Tremblay’s Answers

92 total


  • Im filing chap7 because after 30years my business failed. Will theycome after my jouse?

    Can they lein the house?

    Michael’s Answer

    There are three essential responses to your question:
    (1) If you file a bankruptcy petition, the "automatic stay " stops all actions by creditors during the pendency of your case. So they cannot obtain a lien during your bankruptcy case. Assuming their debt is dischargeable, and you can exempt the equity in your house, it will pass free and clear through a Chapter 7 case.
    (2) Since you live in Massachusetts, you enjoy a very favorable exemption scheme to help save your house. You get an automatic $125,000 of exemption; and if you record a declaration of homestead at the registry of deeds, you can get up to $500,000 of protection.
    (3) Have you not had this discussion with your bankruptcy lawyer? I hope you are not trying to do this yourself. There is much at stake and too much to risk.

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

    Both the husband and the wife no longer live in the area where the judgment on the divorce was found and both live in another area of the state close to each other. Another county in the state of MA.

    Michael’s Answer

    • Selected as best answer

    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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  • RE: COLLECTION AGENCY Is it legal to charge(12%) interest on an outstanding bal. on medical-hospital bill in the state of Mass?

    The hospital and I reside in Massachusetts. The collection agency is based out of IL. This collection agency claims they are already charging me 12% interest on a hospital bill for which I have never heard of interest being charged on a medical ...

    Michael’s Answer

    • Selected as best answer

    They cannot charge you interest unless (1) you agreed to it in writing; or (2) they have already sued you and obtained a judgment. You may well have signed something when you obtained the medical services. They typically throw a bunch of forms at you which few people actually read or understand. If they sued you, you should know. In either event, the federal Fair Debt Collection Practices Act permits you to dispute the charge and require them to provide you with "validation" which would include proof of their claim to interest. Talk to a lawyer experienced in debt collection or consumer law. Most Bankruptcy lawyers are also well versed in that area too. It shouldn't cost you too much to get a properly worded dispute letter sent.

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  • Are verbal agreements binding in MA

    A debt collector called me, and offered me a payment plan to pay $185 a month I countered with $165 a month. The debt collector agreed to the amount and then the collector saw a note on my account after we agreed to make the payment that the deal ...

    Michael’s Answer

    Oral contracts are valid in Massachusetts, and as enforceable as written contracts except in certain specific cases (contract for sale of real estate, sale of goods over $500, etc.). The problem is in proving the terms. It's his word against yours. And the specific terms may be subject to a bona fide dispute, i.e., he says it was $185 a month for six months, you say until paid in full. You get the picture. So it's fruitless to pursue whether you had a valid contract or not. Your much better alternative is to pursue the Fair Debt Collection Practices Act as my colleagues above have pointed out. Find a lawyer skilled in that area. Most lawyers who advertise Bankruptcy are familiar with it.

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  • Second bankruptcy which one?

    Hello my hubby and I filed bankruptcy in 2004, rebuilt our credit really nicely until we moves to his mom.he lost his job and then unemployment I worked as a hairdresser ,mil was needy raised two kids had an overpayment of 30k to disability they t...

    Michael’s Answer

    Wow, what a chain of bad luck. You should try to put it to music and sell it as a Country song!
    As for the disability overpayment recovery, if that was a private insurer, they are usually not dischargeable in bankruptcy, but if it was a government disability program, they often have a "waiver of overpayment" procedure she could apply for.
    Secondly, as for the old felony convictions, after ten years of no intervening arrests or convictions, they may be eligible to be sealed. There are two methods - one by application to the Commissioner of Probation, and the other by motion to the original court. Talk to an experienced criminal lawyer, a small investment of attorneys fees may enhance his earning power!
    As for bankruptcy, yes, you should be eligible to re-file after 8 years. So long as your 2004 case was concluded before 2006, you should be safe. A good bankruptcy lawyer will check the dates to be certain.

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  • Paying a bounced check before court date in Massachusetts.

    I moved 2 years ago to Boston from a small town one hour away. We changed our address with post office and had no problems receiving our mail. Today I received a court letter of a hearing for larceny by check for under $250. I was never sent any ...

    Michael’s Answer

    First of all, read what Attorney Kevin McGee has said.
    Secondly, they cannot obtain a criminal complaint against you for larceny by check under the Massachusetts statute unless they have first sent you a notice required by law. They also need proof of delivery - certified mail receipt or constable's return of service, etc. Thirdly, a criminal complaint usually does not issue in this kind of case unless there is first a hearing before a court magistrate. So, putting all three of these pieces together: (1) hire a lawyer in your area skilled in criminal defense; (2) have him assert the defense of no notice, at the same time offering to pay in full; and (3) get this all done quickly before the hearing date, or worst case, pre-arrange or be prepared to pay in full at the hearing with secure funds (i.e., bank check, cashier's check, money order, etc.).

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  • 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

    the rent/mortgage allowance in my means test?...because I don't own the home. I live in MA. If it has to go into the marital adjustment section, and he has limited income, does it cap out? For instance, if the mortgage is $3000 and his income is...

    Michael’s Answer

    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 combined income must be devoted to paying for housing expenses. Allocate the realistic share of your income that goes to the mortgage payment, be prepared to back it up with evidence (cancelled checks, bank records, etc.) and you should be okay. That said, don't try to do this without a lawyer.

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  • I paid with a check at macy's , later ,I was harassed by a collection agency , affected my credit rating

    Macy's made a mistake of charging me on one account and the payment went to other . Though I paid with my check and money deducted from the checking account on the date of purchase ,with no warning , a few months later , got a call from collection...

    Michael’s Answer

    All of the advice from Attorney Pender is dead on. I would add these two comments: (1) be prepared for an up hill battle. Merely disputing the charge on the credit bureau's site will sometimes work and sometimes not work, but often it will show up again in 3-6 months. It's frustrating and you should be prepared to do battle to get them to get it right, If you want to do it yourself, study up on the Internet, there's lots of valuable information. But don't buy into canned programs which only sell you form letters. (2) Don't fall for "credit repair" agencies - on the Internet or on the street. Most of them are scams. Instead, find a competent lawyer who specializes in this field.

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  • Can i fight a motion of execution? ive made all payments but needed to change one this month.

    I went to court in May for back due rent totalling $3123.39. I did not go before a judge but made an agreement with the landlords attorney. the arrangement was to pay an additional $800 a month plus regular monthly rent of $922. I have made all pa...

    Michael’s Answer

    I agree with my colleagues above that a sensitive judge will probably find a way to give you a one-time, reasonable departure from your payment plan. And, depending on where you are in the state, most courts have housing mediators available to help accomplish such things. However, stays of execution are not available in non-payment cases, so you would also do well to have a lawyer with you. If you can't afford one, you can try South Coastal Counties Legal Services, Inc., 22 Bedford Street, 1st Floor
    Fall River, MA 02720, (508) 676-6265. Good luck.

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  • How often & how likely will a custody case settle during pre-trial? What if ex admitted to threatening w/ lawyer in mediation?

    I have a 2 1/2 year old daughter I raised as a single mother since her father was never involved. Relationship consisted of domestic abuse that got worse, so I left w/ my daughter. Ex has fam in law, so in mediation he had a lawyer & I didnt & he ...

    Michael’s Answer

    If you signed a written agreement assenting to the mediation, a statute may prevent any testimony about what occurred in the mediation sessions. If there were threats and intimidation, I should think a judge would find an exception to that rule, but you do have the presumption against you.

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