William J Mcleod’s Answers

William J Mcleod

Boston Bankruptcy Attorney.

Contributor Level 11
  1. How do you stop an auction of your primary residence because of a lein for 20,000.00 from a creditor?

    Answered over 4 years ago.

    1. William J Mcleod
    2. Shawn B Alexander
    2 lawyer answers

    The only way you can stop an auction on your residence legally is by either getting an order from state court (such as an injunction), or by a bankruptcy petition. Both require the services of a competent attorney. A bankruptcy petition is not something you should tackle yourself - and you're going to need to speak with an attorney to learn what options you have and how you can get back on track. Don't delay. Good luck, Bill McLeod, McLeod Law Offices, PC Boston

  2. Should i sign an agr for judgement?

    Answered over 4 years ago.

    1. Kara O'Donnell
    2. William J Mcleod
    3. Shawn B Alexander
    3 lawyer answers

    If you sign an agreement for judgment for $13K, you will have a judgment against you for $13K. I don't care what you were told as to what the creditor would accept. The agreement for judgment and your signature speaks for itself. It is entirely possible that this "offer" to accept $8K over 12 months is a carrot which will entice you to sign off on the agreement for judgment. The agreement for judgment is the "stick." Without anything in writing - or any other agreement confirming this "...

  3. How do I get it back legally?

    Answered over 4 years ago.

    1. William J Mcleod
    2. Matthew A. Kane
    2 lawyer answers

    The only legal way to enforce your rights is to file suit against your brother and his wife (assuming they are both liable for the obligation). Assuming your brother resides in Massachusetts, you can bring suit here, however, if he does not, you're likely going to need to bring suit in the state that he resides in. Also, in light of the amount - you should consult with an attorney. Good luck, Bill McLeod

  4. Wage Garnishment

    Answered over 4 years ago.

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

    Sadly, this is another perfect example why debt settlement firms are not helping people - but actually hurting them. First, stop all payments - which I am willing to bet are by automatic withdrawal from your checking account. Next, meet with an attorney. Like it or not, you're probably looking at a bankruptcy filing - because unless you can afford a wage garnishment and pay your other obligations, this is only going to get worse. Contact an attorney now. I've also included a link to...

  5. Can Lien Stripping be done on a first mortgage?

    Answered over 4 years ago.

    1. Dmitry Lev
    2. Theodore John Koban
    3. William J Mcleod
    5 lawyer answers

    No can do. Section 1322(b)(2) of the Bankruptcy Code prohibits modification of loans secured solely by the principal residence - but read what I said here. If the loan secures something other than your principal residence, such as another piece of real estate, than the anti-modification provisions of 1322 do not apply. Check your mortgage documents. In addition, if this is a multifamily home, than 1322 will also not apply - but the note and mortgage must have been for a multi-family home....

  6. In a Ch 13, can I rent out house to get more income to fund plan?

    Answered over 4 years ago.

    1. William J Mcleod
    1 lawyer answer

    It's difficult to answer questions like this in a bubble - i.e., without knowing everything about your financial situation and the status of your case. If have an attorney in chapter 13, you should talk about your options which might include suspending payments for a period of time through modification, or perhaps reducing your payments until you are reemployed. Again, I cannot definitely say that these options are available to you - because I know very little about the details of your case....

  7. How to collect overdue condo fees

    Answered almost 5 years ago.

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

    This you should get a lawyer for because the condo association has specific rights that it can invoke, including foreclosure. This is something you should speak with an attorney who can assist you through the process. If the homeowner ends up in bankruptcy, be sure you retain experienced bankruptcy counsel who can guide you through the process and protect the association's rights. You should not wait long to do this, since continued nonpayment may have a negative impact on the overall...

  8. Don't want to pay for incomplete credits

    Answered almost 5 years ago.

    1. William J Mcleod
    1 lawyer answer

    You do not mention as to whether you terminated your attendance pursuant to the school's policy - which is pretty important. If you did not withdraw from the classes or the program in the manner contemplated by the school, or if you have exhausted your rights under whatever internal appeal process might be available to you, then I'm afraid you're stuck with the bill. Check the policy, and if you have a doubt, let an attorney review the policy and the facts in more detail. Good luck,...

  9. Can I collect money loaned to an ex-boyfriend?

    Answered almost 5 years ago.

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

    Unless he's willing to voluntarily repay you - which based on your comments seems unlikely, your only alternative is to file suit in court against him. You should confer with an attorney about doing so - since it's likely going to add additional costs and fees to what is already owed you. Gather your documents demonstrating that your payments to him were a loan and meet with an attorney as soon as possible. Good luck, Bill McLeod

  10. Trying to pay my debt.

    Answered almost 5 years ago.

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

    You say that you have already spoken with "debt management counseling firms" and attorneys about your options in chapters 13 & 7. Without more detailed information, there's little that any attorney can provide by way of advice or recommendations. You state nothing about your income, and your expenses - the statement that you have "restructured your budget" is not enough - more details are needed. You provide nothing by way of facts or circumstances that would enable any attorney to provide...