Michael A. Goldstein’s Answers

The problem when a case is dismissed due to the Debtor failing to follow a court order such as an order to update is that it will be dismissed with prejudice pursuant to rule 109(G). What this means is that the case can not be refiled for 180 days. With this in mind, it is a much better idea for you to file a Motion to vacate the dismissal order and reinstate the case. In your Motion you simply need to explain to the Judge why you were confused about the filing date and that in fact you did...

If your brother files a Chapter 13, or 7 for that matter, the automatic stay will kick in immediately. What this means is that as long as the case is filed before the foreclosure sale, the sale can not move forward. Your brother will need to collect a great deal of documentation for a Chapter 13 case and disclose everything properly in his schedules and statements. Once the case is filed though, his attorney will file a suggestion of stay in any court proceedings, and will send notice to...

You will need to draft a Motion to the Court requesting the voluntary dismissal of your bankruptcy case without prejudice in the event you need to refile again with in 180 days. In your motion you will give your reasons for dismissing your case. If you do need to refile, you may also need to file a Motion to extend the automatic stay, as well as run into other issues as a repeat filer. As such, and in consideration of the complexity of a chapter 13 case, you really should consult with a...

Since your second mortgage was stripped in your bankruptcy, your junior lien will be removed once you complete your chapter 13 plan and receive a discharge. However, you should remember that if you do not complete the case, the junior lien can be reinstated. As such, often times, junior lien holders will still sell or assign their rights even after a lien strip. With that stated, you have an automatic stay pursuant to 11 U.S.C. s. 362, which puts a big stop sign up that says no creditor can...

You have the right to file a Motion to voluntarily dismiss your bankruptcy case. However, you might want to consider what other debt your bankruptcy will resolve. You also want to keep in mind once you dismiss your case, you may not be able to refile for 6 months should the loan modification be denied down the road, if you are only in a trial period. Additionally, depending on your income, you may be able to convert your case to one under Chapter 7 and simply discharge your unsecured debt...

I agree with Attorney Arany, the conduct you describe would appear to be a violation of certain Federal laws, more specifically, the FDCPA. I would suggest contacting the police and reporting this type of activity. Armed with a police report, this should be presented to a Judge. Addtionally, under your state law, their may be restraining orders that can be sought against not only the Creditor, but also any agents of his, such as this large man who came to your home. Finally, if you have...

Without knowing why you were terminated it is impossible to answer this question. However, if you believe that you were targeted and singled out due to your association in some protected class, such as your race, gender, national origin, or a disability, you may have a claim. However, keep in mind that in Massachusetts you only have 300 days to file a claim at the MCAD if this is the situation. I strongly recommend you consult with a wrongful termination attorney in Massachusetts right away...

Without understanding what the specific policy is your are referring to and what the statute reads, it is impossible to provide any type of educated analysis. If you believe that your rights were violated and your employer has gone beyond what the law allows it to do, you should make an appointment with an employment attorney on the North Shore. With the foregoing stated, it should be noted that the Federal and state government may set the bar as to the limits of a law, but often times,...

When you filed your bankruptcy petition, and put the creditor on notice, they have an obligation to apply your post petition payments to just that. Any pre-petition debt needs to be cured through the Chapter 13 plan. If your plan does not treat those prepetition arrears, then the plan would not be feasible. If an objection to your plan has been filed, you need to fight this in Court, and demand an accounting prior to that hearing. You need to be prepared to dispute any discrepancy in the...

In order for the lender to do anything, they will need to file a Motion for relief from the automatic stay. Once they do this, you will want to file an opposition to that Motion. If you do not have an attorney, this is a good time for you to find one. Defending this type of motion is complex and you do need to get the help of an attorney typically. The Trustee really has little to do with selling the house, unless there is more equity then you can exempt or propose to pay to the unsecured...