William J Mcleod’s Answers

William J Mcleod

Boston Bankruptcy Attorney.

Contributor Level 11
  1. What do I do about my attorney's unethical conduct?

    Answered over 3 years ago.

    1. William J Mcleod
    1 lawyer answer

    First and foremost, get thee a new attorney. You don't mention whether your case was actually filed, and if it has not been filed, it's not too late the take action to get you back on the road to the fresh start that you were hoping to get in the first place. If you have filed bankruptcy and have a case pending, you should speak to a new attorney if for no other reason than your present attorney is no longer accepting your phone calls or responding to emails. Good luck, Bill McLeod

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  2. How, why could I b listed as a creditor,If I try to sue, can I get charged money due 2 his bankruptcy, Is calling him, stalking?

    Answered over 4 years ago.

    1. William J Mcleod
    2. L Jed Berliner
    2 lawyer answers

    You need to speak with a lawyer who knows bankruptcy and can get more details. If your claim arose prior to your former friend's bankruptcy case, and the discharge has entered, your claim against him is discharged and your contacting him could violate the discharge injunction. You do NOT want to violate the discharge injunction. Talk to a bankruptcy attorney who can review your former friend's bankruptcy case and give you the final opinion that you can rely on. Good luck, Bill McLeod

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  3. Can the president of an S-Corp be held personnally liable for CC debt acrued by the business, if the business is no longer open?

    Answered almost 5 years ago.

    1. William T Harrington
    2. William J Mcleod
    3. L Jed Berliner
    3 lawyer answers

    Whether you should file bankruptcy is not a question an experienced attorney can answer based solely on the facts you provided. However, if you should probably consult with an attorney to determine what your rights and options are. Chances are, you're personally responsible for the debt. With small businesses, unsecured lines of credit are almost always personally guaranteed by an individual - such as yourself as the owner/shareholder. The fact that the business is no longer operating is...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Collecting from a chapter 7 debtor

    Answered about 5 years ago.

    1. William J Mcleod
    1 lawyer answer

    No one can answer your question - at least in any meaningful way that you can actually rely on it - without knowing more about the facts of your case. Debts incurred through fraud are non-dischargeable under Section 523(a)(2) of the Bankruptcy Code as are debts arising from willful and malicious acts under 523(a)(6), however, you are obligated to file a timely adversary proceeding in order to seek a non-dischargeability determination from the Court. If you miss the deadline to file the AP,...

    3 people marked this answer as helpful

  5. Bought a primary residence in Hudson, MA in January 2006 for $390 with 100% financing. 2nd Mortgage company is sueing me.

    Answered almost 4 years ago.

    1. William J Mcleod
    2. Jonas A Jacobson
    3. Thomas H Gimer
    3 lawyer answers

    You don't want to file Chapter 13? Then why do you think you can stop paying your second mortgage? What's your legal and factual basis for paying less than what you agreed to pay? And why should the bank accept anything less than a judgment against you for the full amount? Based on the facts you present, the second mortgage can be stripped off in a chapter 13. Do you want to avoid chapter 13 because you have too many assets? That's reason enough for the lender to get a judgment against...

    1 lawyer agreed with this answer

  6. Sworn Denial

    Answered about 5 years ago.

    1. William J Mcleod
    2. Christopher W. Vaughn-Martel
    3. Jonathan H Levy
    3 lawyer answers

    I'm not sure what you mean by "sworn denial." If your mother is being sued for a debt, chances are, she needs to sit down with a lawyer and talk to him or her about it. Parents tend not to talk to children about their debt. It's possible that she DOES owe the debt, it is also possible that if she owes the debt, she may have defenses that she may need to affirmatively assert otherwise they will be waived. It is also possible that she doesn't owe the debt - and one of the reasons may be...

    1 lawyer agreed with this answer

  7. Bankruptcy v. debt consolidation

    Answered over 5 years ago.

    1. William J Mcleod
    2. Bobbi-Sue Doyle-Hazard
    3. Gabriel Cheong
    4. Mauricio Alberto Ramos
    4 lawyer answers

    Your fears of bring served a summons even though you have hired a debt settlement firm are entirely justified. Debt Settlement firms are - to a large degree - a joke. I have represented many people who have ended up filing bankruptcy because a "debt settlement firm" actually made things worse for them. The firms will tell you anything to get your money. They'll tell you that debt settlement is a good option because it's better for your credit rating (which is not true). They'll tell you...

    2 people marked this answer as helpful

  8. What recourse do i have againstfinance company that keeps serving me with a subpoena on a debt that was discharged in banktrupcy

    Answered almost 4 years ago.

    1. Jonas A Jacobson
    2. William J Mcleod
    3. Dmitry Lev
    3 lawyer answers

    You say your attorney informed them and they are still attempting to collect the debt? Something is breaking down in the communication chain. Not only might there be a violation of the Fair Debt Collection Practices Act, but there also might be a vioaltion of the discharge injunction you said was entered by the Bankruptcy Court. The only way to determine whether that is the case is to examine the petition and schedules to ensure that the claim arose prior to the petition date, and that the...

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  9. My mortgage servicer denied my HAMP modification because of a bad credit report.I am eligible otherwise.Is this allowed?

    Answered almost 4 years ago.

    1. William J Mcleod
    2. Alan James Brinkmeier
    2 lawyer answers

    It's difficult - if not impossible - to answer your question accurately because there are many different facets to the mortgage modification process. I'm not sure what was on the Equifax credit report as there might be something on there that might make you ineligible for a modification (although I couldn't guess what that might be). It is possible that the applicatino was denied for another reason altogether. It is also entirely possible that the denial is in error. It's time to lawyer up....

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  10. Will bank's foreclosure of my rental home affect my primary residence if both spouses are working?

    Answered almost 4 years ago.

    1. Christopher W. Vaughn-Martel
    2. William J Mcleod
    2 lawyer answers

    If the property forecloses and there is a deficiency (meaning the property is sold for less than what is owed), you can expect a claim to be filed against you seeking payment on the claim. Assuming they get a judgment on the deficiency claim, they may then seek payment through a wage garnishment, or may even place a lien on your primary residence. You should speak to a bankruptcy attorney who can help you assess whether chapter 7 or chapter 13 would be the best avenue for you to keep your...

    1 person marked this answer as helpful