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Michael A. Goldstein
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Michael Goldstein’s Answers

709 total


  • Can I dump my chapt 13?

    Hi I wanted to know what happens if I stopped paying toward my ch13 ? I would like to try and catch up to my mortgage arrears and work on my credit separately . How long after payment stops do they drop your case? And is the right of stay on my ho...

    Michael’s Answer

    If you do not have an attorney helping you, this would be a very good time to get a consultation, as there are many options you have. First, you might be able to simply suspend your chapter 13 plan payments for a few months and then file an amended plan. Second, based upon your income and expenses, you may be able to amend the amount you pay. If you stop paying, the Trustee will at some point file a Motion to dismiss your case for failure to pay, and you may also be able to convert to a Chapter 7 depending upon your income level, and whether you filed any prior cases.

    As it relates to the automatic stay, once you case closes, then the stay goes away and the bank can proceed as if there was no bankruptcy court protection.

    As you can see, there are a lot of options you have, and it would be worth spending a few dollars on a consultation to determine what makes the most sense for you.

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  • Are non compete agreements enforceable if you go from a local sales rep in New England to a national sales position?

    This sales position would be in the same industry but selling to customers on a national level with a competitor of my current job. I wouldn't be calling on the same clients on a local level which is in my current non compete(On the non compete it...

    Michael’s Answer

    It would be very difficult to answer your question without reading the actual non-compete agreement. However, it is possible that the geographical restriction would limit your ability to take the position if you need to sell in Massachusetts and surrounding states if the product or service you are selling directly competes with your current employer. Your best bet would be to consult with an employment lawyer to review the contract in detail.

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  • If an employee forges the HR Managers name on an employment verification for a mortgage refi, what rights does that mgr have?

    When discovered, it was brought to Sr Mgmt, who, while appalled, didn't do so much as slap the employee on the wrist. In fact, I believe the HR mgr was terminated for pushing for some form of punishment for the employee, and other corrections to ...

    Michael’s Answer

    If the HR Manager, complained about an unlawful act, in this case bank fraud, and the company retaliated against the HR Manager, then that may be a violation of public policy. The HR manager should consult with an employment lawyer right away. Most of us do offer initial consultations for free.

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  • Can i file harassment and wrongful termination claim

    my supervisor at work has been telling the plant manager made up accusations about me, i have been in her office for, get this, for helping someone, talking to someone, and for not talking to someone, the supervisor is an immature child who contin...

    Michael’s Answer

    It is unlawful in Massachusetts for an employer or supervisor to treat you more harshly then other similarly situated co-workers due to your membership in some protected class like your race, religion, gender, disability or sexual orientation. However, if there is simply a personality conflict, the law does not protect employees.

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  • What kind of lawyer do I need?

    I need a lawyer regarding an unlawful termination and defimarition of character.

    Michael’s Answer

    Depending upon the reason you believe you were wrongfully terminated, you will need to consult with either an employment discrimination lawyer or a labor law attorney.

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  • Should my pay rate fluctuates every pay?

    Been working at my new job since March and asked human resources about my payrate. My base rate is $13.75 I suppose to get $1.50 shift differential and on weekends when I work get $2.00 more added on. Sometimes my pay rate is more or less. All was...

    Michael’s Answer

    You have a right to be paid the agreed upon amount for the hours you work and the differential based upon shifts and days. If you have not been paid everything you are owed, then you should contact an employment lawyer in Maryland who handles wage claims right away.

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  • I know a place who's employer makers his employee work for 12 hours without proper break and less pay

    employer pay's monthly to his employee due to all are illegal and they cant raise they voice. also this place practice illegal sales of tobacco, for example the owner order 2 carton of tobacco from reputed or authorize dealer and then same produ...

    Michael’s Answer

    You can contact the Attorney General's Office to report what you perceive as unlawful business practices.

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  • Is it possible to insure that a plan to depose two people on the same day cannot be foiled by extensive cross of the first?

    I am weary of the possibility that one or both of the party administrators for the defendant in my federal civil suit may be inclined to misrepresent the truth. If that turns out to be the case, I don't want to allow for opposing counsel to have t...

    Michael’s Answer

    When you schedule a deposition, and start asking questions, you open the door for the deponent's counsel to rehabilitate his or her client through questioning that will allow the record to be clarified. The more questions you ask, the more room you give the other side. If you are concerned about timing, you may want to consult with an experienced litigator who can represent you more effectively through the process.

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  • Wage garnishment

    I received a wage garnishment today, its original date is 2008with a final judgment withheld, and it has the wrong garnishee, don't know what to do,

    Michael’s Answer

    You should contact a debt relief attorney in Florida today to discuss if you can have the order vacated based upon the wrong information contained in the order. You can use the find a lawyer link on the top of any Avvo page to locate someone near you.

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  • How likely to be sued?

    Never have had any phone calls/mail correspondence. Trying to work with a collection company on my credit report to deal with a medical debt. They refuse to verify the debt beyond saying "we called the hospital." Have never seen a bill or summary ...

    Michael’s Answer

    If you requested verification of the debt and the third party debt collector fails to provide proof in writing, then you will be able to introduce that evidence in a FDCPA hearing or as a defense to any claim.

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