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Alex R. Hess

Alex Hess’s Answers

479 total


  • Can I answer "no" if I have a CWOF on my record from an OUI in Massachusetts from 2013?

    The CPA exam application (as well as the CPA license application) in Massachusetts asks: "have you been convicted of a felony or misdemeanor (other than a minor traffic violation) or entered a plea of guilty or nolo contendere, or a plea under the...

    Alex’s Answer

    Answering No to that questions is not truthful since you likely did enter a plea under the first offender act. However, you have a certain amount of time, based upon your record, to have a non-violent conviction sealed. You should discuss sealing your record if this is the only offense.

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  • Does an order for criminal restitution trump a secured creditor? Does it trump a federal tax obligation or Trustee fees?

    Pursuing debtor in bankruptcy court, debtor has some assets but quite a few creditors. We have a parallel criminal case against the debtor who is charged with 5 counts of grand larceny (among other things). Assuming criminal restitution is awarded...

    Alex’s Answer

    I've handled this issue before with a criminal restitution order, terms of payment, etc. A criminal restitution order may be exempt from the automatic stay and the bankruptcy discharge. Please speak to a bankruptcy attorney soon as there are strict and short deadlines in Bankruptcy cases (certainly depending on the Chapter bankruptcy), and you will need to protect yourself and your claim to restitution either in state court or the bankruptcy. Don't wait on this - deadlines may pass.

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  • Can Verizon legally offer a Goodwill Adjustment to retract a negative report to credit bureau?

    I terminated my landline phone service with Verizon in August 2015 after a 7yr+ good, pay on time customer. I paid what I thought was due. I called Verizon to update my address in Sept 2015 and they stated they could not update as account was clos...

    Alex’s Answer

    Contact an attorney. A legal demand letter citing federal law requiring accurate credit reporting, and removing inaccurate credit reports may up your credit score (repair your credit), and you may be entitled to compensation from Verizon for inaccurate reporting. If you believe salvaging your credit (150 points is a lot in my opinion) it may be worth hiring an attorney for the task of negotiating with verizon to come into compliance with federal credit reporting laws and repair your credit. A credit repair, done properly by a knowledgeable attorney, could save you lots of money (and hassle with mortgages, car loans, rental applications, etc.) in the long run.

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  • Is that like part of the protocol do they take the extra two hundred and something dollars because they can or how does that wor

    I own the Massachusetts Department of unemployment assistance six hundred and something dollars for a suppose it over payment which I didn't believe and never got a notification until it was tax season now they took the 600 out of my federal state...

    Alex’s Answer

    Battling with the Dept. of Unemployment or State MDOR may be more of a hassle than paying the amount and letting it go. Unfortunately, involving an attorney would cost more than $600.00. In the final cost-benefit analysis, this may not be worth going after.

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  • How do I do this?

    I got sued in Jan 2009 for non payment of rent but everything was settled out of court and an agreement of judgment was done. I laid the rent and everything was done in February 2010. The judgement still is not closed up to today. It's hurting my ...

    Alex’s Answer

    A lawyer can help you go to Court and vacate/withdraw the judgment. Once that process is taken care of, the attorney can help you repair your credit by negotiating with the credit reporting agencies (by demand) to remove inaccurate information or the judgment entirely, or reverse negative effects from the judgment. However, credit repair is not simple and does involve complicated laws related to accurate reporting. A lawyer can assist you with this.

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  • How do i file for bankruptcy? Will this prevent or delay losing the house. Will I lose my car? and personal belongings?

    the mortgate is in my mom's name, the house is in mine. I want to have a fresh start, but I don't want to be out on the streets.

    Alex’s Answer

    Bankruptcy, unfortunately, is sometimes the best device (legal vehicle) to protect a house and prevent someone from being homeless. If the mortgage is solely in your mother's name, then it is not your debt. However, since the home is in your name, you should have a homestead on the house in your name to protect your right to reside/protect equity in the home.

    Massachusetts provides exemptions (protections) for homes, cars, clothes, certain amount of money in the bank, to protect a person and make sure they have assets and belongings after bankruptcy.

    To do a thorough evaluation of your potential for a bankruptcy, you really need to see a Bankruptcy attorney about planning. Feel free to email for more information or to set up an appointment.

    Best of luck to you!

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  • CAN I DISMISS CH13 & CONVERT to CH7

    I would like to return 1 of my 2 vehicles in my CH13. Can I surrender the truck, dismiss the CH13 & file a 7 (I also have student loans & owe IRS that I know are not dis-chargeable in any BK) and pay my atty from the 13 in the 7?

    Alex’s Answer

    You should discuss with your bankruptcy attorney first. You do not need to dismiss you chapter 13 case, you can stay and proceed in the same bankruptcy case but convert to a Chapter 7. The costs and issues with taxes and student loans are between you and your BK attorney.

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  • Discrimination and eviction

    My wife and I filled out an application to lease an apartment. The lady said they do back ground and credit checks are done. I answered yes to the question on being convicted of a crime as a jueville when I was sixteen. She said that's ok we do ba...

    Alex’s Answer

    • Selected as best answer

    Please contact a landlord-tenant attorney right away. I've been in housing court and handle evictions for my law firm. This is certainly the type of thing that will go before a housing court judge and must be handled correctly. Feel free to email or call for more information or to set up appointment.

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  • I cannot afford to pay off a couple of credit cards i am paying off other cards and live paycheck to paycheck what can i do?

    i claimed banktruptcy in 2008 what else can i do if i call them back what can i say to them my paycheck cannot be stretched any further i will not be eating or putting gas in my car donlt know if they can garnish my paycheck i hope not then all th...

    Alex’s Answer

    If you received a discharge in your 2008 bankruptcy, then you are not eligible for another chapter 7. However, you can file a chapter 13 bankruptcy that will provide you relief and an interest-free, debt consolidation plan that was stretched over a period of time - might be more affordable.

    Please see a Bankruptcy attorney right away. You need to seek legal remedies before the credit cards begin collection lawsuits, or seek to garnish wages.

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  • Not sure if I have a case

    I work for a institution of higher learning. There have been cases where students have been awarded federal funding without having the qualifications. I have brought these issues to higher ups and have been told not to worry about it. I am ethica...

    Alex’s Answer

    This is a situation where you should be careful and speak to a lawyer confidentially. You could potentially be a whistleblower or a person who correctly reports fraud to a government agency that results in an investigation and possible case (the case would be the government vs. the school, not your case). However, you should speak with an attorney right away since your time to report the fraud could be limited, and it's concerning that you work in a "hostile" work environment. You really need to speak to an attorney in a situation like this to protect you, and make sure your right to work, get paid, and report a wrong is protected.

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