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Daniel S Gindes's Answers

Daniel S Gindes
Salem Bankruptcy Attorney.
Contributor Level 8

2

Attorney answers:

  1. Daniel S Gindes
  2. Freya A Shoffner

Is my husband exempt from paying my debt if I file bankruptcy as we have always paid separate taxes and house is in his name?

Asked by a user in Boston, MA - over 3 years ago.

Debt consolidation won't work for you because you don't have income to fund a plan. It seems like bankruptcy is an alternative you need to explore. You probably can't get rid of your student loan or taxes, but you probably can erase your credit card and business debt. From the information you have provided I think you can do this without any real effect on your husband, but further review of your situation is needed to conclusively answer that question. Dan Gindes

3 people marked this answer as helpful

3

Attorney answers:

  1. Daniel S Gindes
  2. Dominic L. Pang
  3. Jessica Ann Foley

2 misdemeanors I messed up please respond

Asked by a user in Boston, MA - about 1 year ago.

This is very likely not going to be a big deal. Most of these cases get dismissed on payment of a fine or something similar. Ask for an appointed lawyer when you get to court (if you get an arraignment notice), or try to talk with the clerk if you get a notice for a clerk's hearing. Good luck, Dan

1 lawyer agreed with this answer

3

Attorney answers:

  1. Daniel S Gindes
  2. Theodore John Koban
  3. Kathryn Ursula Tokarska

Is it fraudulent to charge attorney fee's to a credit card before bankruptcy?

Asked by a user in Boston, MA - over 2 years ago.

Using a credit card without the intent to pay the redulting charge is fraud, plain and simple. It is also just stupid. No reputable bankruptcy attorney would accept a credit card for this purpose. Sorry, but you just can't do that.

1 person marked this answer as helpful

2

Attorney answers:

  1. Kara O'Donnell
  2. Daniel S Gindes

I take 72(t) distributions from my IRA. Is IRA protected in Ch 13. (I am a Mass. resident)

Asked by a user in Boston, MA - over 2 years ago.

Your IRA is completely protected. The question is how large are your disbursements every month? The amount you get is critical to figuring out whether a chapater 13 is right for you. Feel free to call with additional questions.

1 person marked this answer as helpful

2

Attorney answers:

  1. Christopher W. Vaughn-Martel
  2. Daniel S Gindes

How can I have a judgment removed?

Asked by a user in Boston, MA - over 2 years ago.

I agree with everything Mr. Vaughn Martel said in his answer. One other thing to consider is that if you have other debts that are behind, and depending on your financial situation as a whole, you may want to consult with a bankruptcy lawyer. Bankruptcy wipes out all debts related to credit cards, and many others, even if there is a judgment. Sometimes dealing with the whole picture is better than just addressing one debt, but again, this depends on other evaluating your whole financial picture.

1 person marked this answer as helpful

2

Attorney answers:

  1. Daniel S Gindes
  2. Joshua Bradley Farmer

Any Legal action for consumers being harrased by a debt collector when there is NO debt to repay?

Asked by a user in Boston, MA - almost 3 years ago.

Yes, you do have a cause of action under both federal and state laws regulating debt collectors. I do this kind of work regularly.

1 person marked this answer as helpful

2

Attorney answers:

  1. William J Mcleod
  2. Daniel S Gindes

I need to file for bankrupcy, however I can't afford a lawyers fees. What are my options?

Asked by a user in Boston, MA - over 3 years ago.

It is possible to file yourself. The Boston Bankruptcy Court has a new clerk that assists people trying to file without a lawyer. You can visit the court to find out more about this. Another thought is that many of us take payment plans, and if you were keeping up with your credit cards until recently, you probably have some money to start such a plan, especially in light of the fact that medical bills are dischargeable. Also, some lawyers file "fee only" chapter 13 cases, where you can...

1 person marked this answer as helpful

2

Attorney answers:

  1. Christopher W. Vaughn-Martel
  2. Daniel S Gindes

A lawyer has asked me to sign agreement for judgement for card debt am unemployed cant pay is it good idea

Asked by a user in Boston, MA - over 3 years ago.

You should never sign an agreement for judgment as far as I am concerned. File an answer, and make them prove their case. Otherwise their judgment will be good for 20 years. Most people feel they need help in these cases, and they are probably right. If you are low income you can call a local legal aid clinic to see if they can help. Most lawyers will answer simple questions for free or for a low consultation fee. Dan Gindes

1 person marked this answer as helpful

3

Attorney answers:

  1. Daniel S Gindes
  2. Jessica Ann Foley
  3. David Prelle Eron

I have responded to a summons for a credit card debt, what comes next?

Asked by a user in Boston, MA - over 3 years ago.

You should not worry too much. Your are probably judgment proof, which means the creditor can't get to your assets. SSDI is exempt from seizure. I don't know about the joint bank account, that is a more complicated question. Go to court when summoned, and explain your financial situation to the creditor and the judge. I doubt you will be ordered to pay much of anything, even if the creditor can prove its case. Dan Gindes

1 person marked this answer as helpful

3

Attorney answers:

  1. Christopher W. Vaughn-Martel
  2. Daniel S Gindes
  3. Henry Lebensbaum

Is it illegal for a girl in her 20's to have sex with a 16 year old boy?

Asked by a user in Boston, MA - over 3 years ago.

I do a lot of criminal work. My understanding is that it is a crime for anyone over 17 to have sex with someone under 17.

1 person marked this answer as helpful