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Alex R. Hess
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Alex Hess’s Answers

474 total


  • How do i file for bankruptcy? Will this prevent or delay losing the house. Will I lose my car? and personal belongings?

    the mortgate is in my mom's name, the house is in mine. I want to have a fresh start, but I don't want to be out on the streets.

    Alex’s Answer

    Bankruptcy, unfortunately, is sometimes the best device (legal vehicle) to protect a house and prevent someone from being homeless. If the mortgage is solely in your mother's name, then it is not your debt. However, since the home is in your name, you should have a homestead on the house in your name to protect your right to reside/protect equity in the home.

    Massachusetts provides exemptions (protections) for homes, cars, clothes, certain amount of money in the bank, to protect a person and make sure they have assets and belongings after bankruptcy.

    To do a thorough evaluation of your potential for a bankruptcy, you really need to see a Bankruptcy attorney about planning. Feel free to email for more information or to set up an appointment.

    Best of luck to you!

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  • CAN I DISMISS CH13 & CONVERT to CH7

    I would like to return 1 of my 2 vehicles in my CH13. Can I surrender the truck, dismiss the CH13 & file a 7 (I also have student loans & owe IRS that I know are not dis-chargeable in any BK) and pay my atty from the 13 in the 7?

    Alex’s Answer

    You should discuss with your bankruptcy attorney first. You do not need to dismiss you chapter 13 case, you can stay and proceed in the same bankruptcy case but convert to a Chapter 7. The costs and issues with taxes and student loans are between you and your BK attorney.

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  • Discrimination and eviction

    My wife and I filled out an application to lease an apartment. The lady said they do back ground and credit checks are done. I answered yes to the question on being convicted of a crime as a jueville when I was sixteen. She said that's ok we do ba...

    Alex’s Answer

    • Selected as best answer

    Please contact a landlord-tenant attorney right away. I've been in housing court and handle evictions for my law firm. This is certainly the type of thing that will go before a housing court judge and must be handled correctly. Feel free to email or call for more information or to set up appointment.

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  • I cannot afford to pay off a couple of credit cards i am paying off other cards and live paycheck to paycheck what can i do?

    i claimed banktruptcy in 2008 what else can i do if i call them back what can i say to them my paycheck cannot be stretched any further i will not be eating or putting gas in my car donlt know if they can garnish my paycheck i hope not then all th...

    Alex’s Answer

    If you received a discharge in your 2008 bankruptcy, then you are not eligible for another chapter 7. However, you can file a chapter 13 bankruptcy that will provide you relief and an interest-free, debt consolidation plan that was stretched over a period of time - might be more affordable.

    Please see a Bankruptcy attorney right away. You need to seek legal remedies before the credit cards begin collection lawsuits, or seek to garnish wages.

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  • Not sure if I have a case

    I work for a institution of higher learning. There have been cases where students have been awarded federal funding without having the qualifications. I have brought these issues to higher ups and have been told not to worry about it. I am ethica...

    Alex’s Answer

    This is a situation where you should be careful and speak to a lawyer confidentially. You could potentially be a whistleblower or a person who correctly reports fraud to a government agency that results in an investigation and possible case (the case would be the government vs. the school, not your case). However, you should speak with an attorney right away since your time to report the fraud could be limited, and it's concerning that you work in a "hostile" work environment. You really need to speak to an attorney in a situation like this to protect you, and make sure your right to work, get paid, and report a wrong is protected.

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  • I am a US citizen who was discriminated against by hotel in Carribean. Can I sue?

    A voice recording was captured of the conversation with management where I discussed my thoughts about the stay and how I was treated and quality of service. Member of management is recorded speaking in an unprofessional and highly offensive manne...

    Alex’s Answer

    Let it go. You were yelled at by a rude hotel manager. You're back in the U.S. now and it will cost a lot of money to sue, and will be based on that country's laws. Let it go.

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  • Does a (14 or 30 day) Notice to Quit have to declare itself as a "Notice to Quit?"

    I had my tenants served with a Summary Process summons today. I had made an agreement with them that if they moved out by 3/16 then they wouldn't have to pay rent for the month of February and I would use their last month's rent for the ...

    Alex’s Answer

    Your assumption is WRONG. You do not have an agreement. This is NOT a notice to quit.

    Hire a landlord-tenant lawyer right away to perform an eviction correctly, or you could end up being liable for triple rent damages for violating the statute. The money you will spend on performing a correct eviction with a lawyer will save you money in the long-run, and you clearly do not understand Mass. law and at this point are not complying with the requirements to perform a valid eviction and serve a notice to quit.

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  • I bought a car from a dealership in Massachusetts

    The day I went to pick it up we noticed the bumper was damaged. A salesman took pictures and told me he would call me the next day. 5 weeks went by without a call. I called numerous times with no answer. I am self employed and when I pick up the c...

    Alex’s Answer

    Please meet with a lawyer, it's possibly your 93A letter didn't comply with the law, or that the dealer blew you off/didn't take you seriously because you were not represented by a lawyer.

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  • I have an ex client that owes me $2,500 who is set up as a corporation in Massachusetts. I am also located in MA.

    I want to file in small claims against them. The owner of the company is listed as the resident agent, president, treasurer, secretary and director in the MA corporation database. If I am awarded my money I want to make sure that I will get paid ...

    Alex’s Answer

    Please see an attorney about (1) piercing the corporate veil and going after both the corporation and the director/officer individually, and (2) attaching bank accounts, liens, and other collection options. I've been doing collections along with bankruptcy for a few years, and prior to filing a small claims case, it makes sense to get the collections aspect in order prior to filing. It will help, and although not guarantee your money, it will certainly increase your chance of collection on your small claims money judgment.

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  • Pre-Owned Factory took my money a week ago for a car, I now want to cancel !

    The above mentioned car dealer took my money in the $3600.00. I financed the balance and my funding was approved. They keep passing the buck to other salesman. I know want to cancel. The paperwork I signed has a cancellation clause or as the word...

    Alex’s Answer

    Since you have a contract with this dealer, a lawyer can ONLY help you if you hire them to review the contract and advice you whether the Mass. Lemon Law, the Contract, or 93A consumer protection act can provide you with a basis to cancel.

    Please see an attorney right away.

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