Daniel Dufresne’s Answers

Daniel Dufresne

West Wareham Litigation Lawyer.

Contributor Level 12
  1. Would owed taxes from 2010 be discharged if i file for bankruptcy this year?

    Answered over 1 year ago.

    1. Daniel Dufresne
    2. Walter C Oney Jr
    3. Peter R Kaplan
    4. Karen J Lapekas
    5. Matthew Scott Berkus
    5 lawyer answers

    In order for federal income tax debts to be dischargeable in a Chapter 7, the tax return for the year in question had to have been due at least 3 years before the date you filed for bankruptcy, you have to have filed your return for that tax year at least two years before you filed for bankruptcy, and the IRS has to have assessed the amount you owe at least 240 days before you filed for Chapter 7. One important thing to know is that pending tax refunds are property of the estate in...

    12 lawyers agreed with this answer

  2. Car accident. Garnishing wages.

    Answered 4 months ago.

    1. Daniel Dufresne
    2. Thomas C. Marino
    3. Blake Owen Brewer
    4. David Ian Schoen
    5. Jared Daniel Stueckle
    6. ···
    11 lawyer answers

    Call your insurance carrier immediately. Tell them what is going on. They should assign a defense attorney to this case if a suit has been filed.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Bankruptcy, looking to discharge credit debt but not home or car!

    Answered 18 days ago.

    1. Daniel Dufresne
    2. Danielle M. Callahan
    3. Michael A. Goldstein
    4. Dorothy G Bunce
    5. Richard D. Granvold
    6. ···
    8 lawyer answers

    It is possible to discharge unsecured credit card debt while continuing to make payments on your home and car. An experienced bankruptcy attorney should be able to help you with this process.

    10 lawyers agreed with this answer

  4. I bought some pants at a store last night. This morning I went to put them on and I Was stabbed by something.

    Answered over 1 year ago.

    1. Daniel Dufresne
    2. Jason Todd Studinski
    3. Christian K. Lassen II
    4. Michael R Crosner
    5. Michael A. Goldstein
    6. ···
    7 lawyer answers

    Ouch. Yes, the store may potentially be at fault. But here's the REALLY important legal question: what are your damages? Doesn't sound like much more than a very minor injury, but I could be wrong. If the wound is serious you should seek medical attention, document everything and DO NOT GIVE THE PIN BACK TO THE STORE or throw it away. Any number of personal injury attorneys in your area would be happy to assist you in that case. You can certainly call the store manager and complain, and...

    10 lawyers agreed with this answer

  5. Retainment fee differences..

    Answered over 1 year ago.

    1. Daniel Dufresne
    2. E. Alexandra Golden
    3. Anjali Gupta Stevenson
    4. Julie Court Molloy
    5. Christopher W. Vaughn-Martel
    6. ···
    6 lawyer answers

    Don't confuse your initial retainer with final total cost of litigation. Retainers are not flat fees. Retainers have to be earned, and lawyers have to provide clients with regular (usually monthly) reports on the status of client funds. Some lawyers believe that requiring a smaller up-front retainer will make them more attractive to potential clients. My practice, however, is to tailor the initial retainer to what I anticipate the complexity and contentiousness of the litigation to be. I...

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  6. In massachusetts, what happens if I refuse to divorce my spouse?

    Answered about 1 year ago.

    1. Julie Court Molloy
    2. Thomas J Callahan
    3. Daniel Dufresne
    4. David Alexander Browde
    5. Barbra Ilene Black
    6. ···
    8 lawyer answers

    The spouse desiring the divorce can still seek a "contested" divorce and will get it, in all likelihood, unless the two of you reconcile while the divorce is still pending.

    9 lawyers agreed with this answer

  7. Is this a fraudulent conveyance?

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. Daniel Dufresne
    3. Anjali Gupta Stevenson
    4. Matthew Scott Berkus
    4 lawyer answers

    In a word, yes. If I am understanding the facts correctly, rather than use the balance transfer checks to pay off another credit card balance or other debt, you essentially used two checks to deposit cash advance funds from your credit card into the joint account. The legal issue in bankruptcy is that, because your husband shares the joint account, he acquired an interest in the cash advance funds once they were deposited into the account. What the Trustee is probably doing is fairly...

    9 lawyers agreed with this answer

  8. IS A EX SPOUSE LEAGALLY ENTITLED TO TAKE POSSESION OF EX SPOUSES ASHES IF THE EX SPOUSE WAS CURRENTLY REMARRIED

    Answered over 1 year ago.

    1. Daniel Dufresne
    2. E. Alexandra Golden
    3. Emma A. Kremer
    4. Joshua N Robbins
    4 lawyer answers

    Oddly enough, in law school I wrote my law review article on the disposition of the remains of deceased family members in a divorce. Even if there had been a will, which you say there wasn't, it's certainly not a given that surviving family members are legally obligated to respect the deceased's stated wishes. But in terms of who gets to make decisions as to disposition of remains, the deceased's spouse clearly has primary say. After that, it goes to next of kin. Frankly, I think an ex-spouse...

    9 lawyers agreed with this answer

  9. I was on Maternity leave and while being on my leave my boss called me stating that they would no longer need me full time.

    Answered over 1 year ago.

    1. Daniel Dufresne
    2. Emma A. Kremer
    3. Judith A Miller
    4. Michael A. Goldstein
    5. Justin G. Randolph
    5 lawyer answers

    Call an experienced Labor & Employment attorney -- tomorrow, if possible. Don't sit on this or try to get information off of the Internet. Make sure you have documented everything and bring all of that information with you to your first meeting. Whether you will have a good case when all facts are brought to light and discussed with your attorney is impossible to say, but making an appointment is a no-brainer. Good luck!

    9 lawyers agreed with this answer

  10. I have been charged for heat bill of another tenant for the past 4 years with the full knowledge of my landlord.

    Answered over 1 year ago.

    1. Daniel Dufresne
    2. Patrick Bull
    3. Henry Lebensbaum
    4. Erik Hammarlund
    4 lawyer answers

    Take photos of the meter setup. Collect copies of your bills. Very possible your landlord violated other landlord/tenant laws as well. Most attorneys in your area can help you with this. Good luck.

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