William Mackin’s Answers

William Mackin

Woodbury Bankruptcy Attorney.

Contributor Level 7
  1. My attorney misinformed me about when to file bankruptcy chapter 7 and a huge personal tax debt to the IRS was not discharged.

    Answered over 1 year ago.

    1. Matthew Scott Berkus
    2. Andrew M Ellis
    3. William Mackin
    4. David Craig Lee
    4 lawyer answers

    The discharge of taxes in a bankruptcy proceeding is very fact specific. Many taxes cannot be discharge. For those that may be discharged, it depends on the type of tax at issue, the time when they were incurred, the date(s) of assessment by the taxing authority, whether the returns were timely filed, whether there were any tolling events that stopped discharge periods from running, and several other factors. If one of the goals in filing a chapter 7 case was to discharge tax debts...

    6 lawyers agreed with this answer

  2. NJ Statute of Limitations on old debt.

    Answered over 5 years ago.

    1. William Mackin
    1 lawyer answer

    There is not any limitations period for informal collection efforts, but there is a limitations period for bringing legal action to enforce an obligation claimed to be due. In NJ the limitations for the enforcement of obligations due under a contract is 6 years. If the collection agency were to file a lawsuit against you to seek to collect a contractual debt more than 6 years old, the NJ statute of limitations would provide you with a defense to that lawsuit. But you must file an answer to...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  3. Legal Ethics

    Answered over 1 year ago.

    1. Steven P Haddad
    2. Allan E Richardson
    3. Brett Evan Gowen
    4. Jonathan Craig Reed
    5. William Mackin
    5 lawyer answers

    There are lawyers who represent attorneys to defend ethics complaints. Normally, an ethics complaint is not prosecuted as a private action but is instead filed with and investigated by a local ethics committee. Ethics do vary by state, even if slightly. An ethical breach is not necessarily malpractice, nor is a single occurrence of malpractice necessarily an ethical breach.

    1 lawyer agreed with this answer

  4. Pressler and pressler has issued an arrest warrant for a debt collection is that legal.

    Answered almost 2 years ago.

    1. Bruce H. Levitt
    2. William Mackin
    3. Brandy Michelle Austin
    4. Matthew Scott Berkus
    4 lawyer answers

    This appears to be part of the enforcement process for the holder of a judgment against you. Once a creditor sues you and obtains a judgment they have the right under the law to discover where your assets are located (bank accounts, wages, cars, etc.) so that they may collect the money due from you. NJ Court rules provide judgment creditors the right to send you an information subpoena for this purpose. You are required to respond truthfully and completely within a specified period of time (...

  5. Property transfer and bankrupt law

    Answered over 5 years ago.

    1. William Mackin
    1 lawyer answer

    As a general rule it is dangerous and inadvisable for a debtor to transfer any assets out of their name in anticipation of filing bankruptcy, especially if they are trying to hide assets from creditors or if they do not receive anything of in return for the transferred asset that is reasonably equivalent in value to the transferred asset. Such actions may lead to a denial of discharge, the loss of otherwise available exemptions, and criminal fines and penalties. All such transfers pre-...

    1 person marked this answer as helpful