William J Mcleod’s Answers

William J Mcleod

Boston Bankruptcy Attorney.

Contributor Level 11
  1. Presenting an affadavit at a non-evidentiary hearing

    Answered over 4 years ago.

    1. Michael L. Tumposky
    2. William J Mcleod
    2 lawyer answers

    Unless you get your adversary to stipulate, the affidavit is inadmissible hearsay unless it falls within one of the exceptions to the hearsay rule.

    1 person marked this answer as helpful

  2. Should I declare bankruptcy?

    Answered over 4 years ago.

    1. William J Mcleod
    2. James Riley Hodder
    3. Peter Alan Behrmann
    3 lawyer answers

    Since you know that your mortgage payment will reset in September, you are smart to start seeking out legal advice now. No attorney can accurately answer this question without getting a lot more information from you concerning your liabilities & assets as well as your income and expenses. You should start the process of gathering your financial documents together, and then seek out a experienced bankruptcy attorney in your area who can assess your options, and let you choose which is the...

    1 person marked this answer as helpful

  3. Can i be sued for credit card debt after the statute of limitations has passed?

    Answered almost 5 years ago.

    1. Donald Edward Petersen
    2. William J Mcleod
    3. Phil A. Taylor
    4. Christopher W. Vaughn-Martel
    4 lawyer answers

    If you believe that the collection of the debt is precluded by the statute of limitations, it is absolutely imperative that you assert that defense in the suit brought against you. The statute of limitations defense must be asserted by the defendant - and it can be waived if it is not. Your belief that suit was brought after the statute of limitations is based not on your belief, but on the facts - and those facts need to be obtained through appropriate discovery tools that may be available...

    1 person marked this answer as helpful

  4. Liquidation of assets in bankruptcy?

    Answered about 5 years ago.

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

    Transferring assets in contemplation of bankruptcy will invite a boatload of legal trouble, including, but not limited to, compromising your parents' ability to obtain a discharge of their debts. Since your parents' primary residence is in California, this is an question that you should address with a California bankruptcy attorney. However, be mindful, talking about debt with your parents can be a delicate subject. I've written about that and the article is below. Good luck, Bill McLeod

    1 person marked this answer as helpful

  5. We have joint credit card

    Answered about 5 years ago.

    1. William J Mcleod
    2. Kara O'Donnell
    2 lawyer answers

    I'm sorry to hear about the default judgments - because that would have been a great opportunity for you to try and prove that you are not responsible for the debt. Now that it's gone to default judgment, your options may be limited - but that's going to depend on factors you don't mention - so I recommend that you contact a lawyer to discuss this and what available options you have. As far as your mom, you don't mention what chapter of bankruptcy your mother filed under or the status of...

    1 person marked this answer as helpful

  6. How does a company collect after getting a judgement against me?

    Answered about 5 years ago.

    1. William J Mcleod
    2. Henry Lebensbaum
    3. William T Harrington
    3 lawyer answers

    Talk to a lawyer about your financial situation. While it appears based on the limited information provided that you have little or no income to satisfy a judgment, there are simply not enough facts to give you an opinion that you should rely on. In terms of next steps, the creditor can request and obtain a default judgment which means you will no longer have the ability to defend the claim, or bring any counterclaims. Again, you should speak with an attorney who can review your income,...

    1 person marked this answer as helpful

  7. I am a creditor in a chapter 7 adversary proceeding. I need to find an atty. pro bono.

    Answered about 5 years ago.

    1. William J Mcleod
    2. William T Harrington
    3. E. Brian Davis
    3 lawyer answers

    The Volunteer Lawyers Project of the Boston Bar Association may be able to assist you - and the first thing they will do is determine whether you are qualified for pro bono representation. You provide no facts about your situation, so there's nothing else I can comment on. Good luck, Bill McLeod

    1 person marked this answer as helpful

  8. Is there anyway I can get myself out of being a cosigner on a car loan?

    Answered about 5 years ago.

    1. William J Mcleod
    2. Kara O'Donnell
    2 lawyer answers

    You say that you pay your other bills on time, are not late with your other obligations and have great credit. If that's the case, then you're probably not contemplating filing bankruptcy - which would be the only way to get yourself out of this car loan. The reason for having a co-signer on a loan is to hold them responsible for the note in the event the other responsible party - in this case your son's father defaults on the note. It sounds like that's exactly what happened. If the car...

    1 person marked this answer as helpful

  9. My ex-husband is in default on a mortgage he owes me as part of our divorce settlement. What are the steps to foreclose?

    Answered about 5 years ago.

    1. William J Mcleod
    1 lawyer answer

    While I understand you're running out of money, you're going to need an attorney on this. First, you may have some rights to assert in the probate court that has jurisdiction over your divorce orders. Second, you have tenants in the property, and if you're foreclosing, they have rights that you need to be aware of. Third, without knowing about the properties and whether there are any junior or senior lien holders, it's impossible to analyze your question with an eye towards giving you a...

    1 person marked this answer as helpful

  10. What should I do about it... fees amount is 10 grands and I just need to stop them from doing this...

    Answered about 5 years ago.

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

    You do not provide the most fact: why? Why is the Board trying to assess legal fees against you - is this about unpaid fees, violations of by-laws, or other matters. Without knowing this, it is impossible to be able to give any reliable answer to your question. My recommendation is to sit down with an attorney, bring your documents, and explain the details of how this issue arose. With that information in hand, the attorney will be able to give you the advice and counsel you need. I...

    1 person marked this answer as helpful