Alex R. Hess’s Answers

Alex R. Hess

Boston White Collar Crime Lawyer.

Contributor Level 12
  1. Im going thru a chptr 13 and my hoa is demanding post petition payments.

    Answered 3 months ago.

    1. Alex R. Hess
    2. Michael Salanick
    3. Sandra A Kuhn Esq.
    4. Richard D. Granvold
    5. Lauren Ann Rode
    6. ···
    7 lawyer answers

    Post-Petition HOA fees can be added to a chapter 13 plan - but beware. You'll be adding a 10% trustee administrator fee on top of it. Why didn't you just pay your HOA fees like you were supposed to. Your BK attorney should have told you to pay your HOA fees post petition. They can sue you, put an HOA lien on the property and even ask for relief to foreclose cuz of HOA fees. Start paying them immediately - don't let them pile up.

    11 lawyers agreed with this answer

  2. Is a personal injury settlement/award from an asbestos related injury taxable?

    Answered over 1 year ago.

    1. Gregory Scott Gennarelli
    2. Yefim Rubinov
    3. Anthony A. Ferrante
    4. Christian K. Lassen II
    5. Alex R. Hess
    6. ···
    11 lawyer answers

    No - compensation in a personal injury case is not taxable income. Best of luck in your case!

    10 lawyers agreed with this answer

  3. How will a class action suit against former employer affect my future employability?

    Answered 3 months ago.

    1. Alex R. Hess
    2. Michael Avanesian
    3. A.J. Arias
    4. Meghan Hayes Slack
    4 lawyer answers

    Is your name as a plaintiff public record? Yes, this is a public court document and public information. Is it a negative and will it effect your future employment prospects? No, it should not. You are entitled to that accrued and unused pay per Mass. law, and suing for it is just exercising your rights. Technically, a prospective employer cannot discriminate against you for exercising your rights. However, it may come across as "litigious" and future employers are always weary of hiring...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If for some reason I get convicted of criminal charges in county supreme court, Do I have rights to appeal in higher court?

    Answered 11 months ago.

    1. Mark M Cheser
    2. Leonard Roy Boyer
    3. Alex R. Hess
    4. Christopher Daniel Leroi
    4 lawyer answers

    In most cases, when a person appeals to a higher court (the Appeals Court), it is based upon an error or problem at trial. Some usual bases for appeal include: introduction of inadmissible evidence (evidence was presented that shouldn't have been) improper jury instructions by the judge prosecutor misconduct problems with selection of the jury ineffective assistance of counsel These are just a few examples. In most cases, you aren't appealing the conviction itself, but a problem that...

    9 lawyers agreed with this answer

  5. Can child support start wage garnishment while in Chapter 7?

    Answered over 1 year ago.

    1. William James Waters
    2. Vincent A. Gorski
    3. Mikalah Liviakis
    4. Alex R. Hess
    4 lawyer answers

    Child Support proceedings and related orders are exempt from the Automatic Stay provisions of the Bankruptcy code. In general, Bankruptcy policy will defer to the family courts in issues of child support issues, and will not interfere. They do not have to get relief from the stay to do this. If the garnishment is beginning, I would amend your schedules though to reflect the even lower amount of income you are receiving post-garnishment.

    9 lawyers agreed with this answer

  6. Do I have any type of civial case, against my local McDonalds Resturant.

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. Alex R. Hess
    3. Thomas J Callahan
    4. Benjamin Urbelis
    5. Glenn Tadaomi Honda Jr.
    5 lawyer answers

    The major issue here is damages. If you are looking to "cash in" here and sue McDonald's to get money, it probably isn't going to happen. If you were talking to another customer (possibly bothering her) and an employee just told you to stop, and "assaulted you" then you don't really have any damages. Just getting yelled at doesn't equal damage, injuries or anything else. Do you have any type of case? It's possible - civil assault. However, if you are looking to win big here, this...

    7 lawyers agreed with this answer

  7. I am confirmed in Chapter 13. how do i object to the proof of claim.

    Answered about 1 year ago.

    1. Alex R. Hess
    2. Brian Crozier Whitaker
    3. Dorothy G Bunce
    4. Edward Thomas Weber
    4 lawyer answers

    Read the local rules on your local bankruptcy court website. Most bankruptcy courts have a specialized process for objecting to a proof of claim - and you need to follow it precisely or the court will overrule your objection.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. NCP illegally tattooing people for money, not reported on Financial Statement and admitted in court. Judge ordered trial.

    Answered over 1 year ago.

    1. Alex R. Hess
    2. Jessica M Walsh
    3. Thomas J Callahan
    3 lawyer answers

    You need to contact an attorney as soon as possible to: (1) initiate a proper discovery process; and (2) push back the trial date so you can engage in meaningful discovery to uncover all the potential evidence that will help you. A lawyer can help you enforce the massachusetts rules of discovery, and obtain court-ordered discovery either through formal discovery or a motion to compel. You are going to need a lawyer to help you with this.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What is the time frame for a decision on an Appeal (restraining order) ?

    Answered over 1 year ago.

    1. Alex R. Hess
    2. Emma A. Kremer
    3. Robert A Stolzberg
    3 lawyer answers

    The Massachusetts Appeals Court has a pretty big backlog in terms of cases, and scheduling oral arguments, or decisions. They could either just issue an order saying "affirmed" or "reversed" or they could hold oral arguments and hear the issue. The best person to ask would be the clerk's office at the appeals court. They can tell you if the judges have reviewed your briefs, and if any action has been taken, and if any hearing date is scheduled. I would assume however if you just filed...

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  10. Im in chapter 13, since the filing i was involved in a personal injury accident. i expect my personal injury accident to settle

    Answered about 1 year ago.

    1. Michael Raymond Daymude
    2. Christian K. Lassen II
    3. Gordon Charles Webb
    4. Alex R. Hess
    4 lawyer answers

    Whether your claim/settlement is part of your bankruptcy estate depends on whether it was listed as an asset in your schedule B, whether it was exempt under either the state or federal exemptions, and the bankruptcy code for post-petition settlements/lawsuits. You need to consult your bankruptcy attorney immediately since this could seriously affect your monthly payment amount to the Chap 13 Trustee and what money you will actually get to keep. Speak to your bankruptcy lawyer immediately

    7 lawyers agreed with this answer