Recent Stories

It is quite common for home improvement contractors to seek the protections offered by the Bankruptcy Code when facing a dispute arising out of a home improvement contract.  There are several reasons contractors may want to consider taking advantage of Bankruptcy prior to, during, or after litigation of a home ... read more

In Massachusetts, the home improvement contractor industry is highly regulated. Chapter 142A of the Massachusetts General Laws imposes many requirements and restrictions on home improvement contractors operating in Massachusetts. Among these, are the requirement that home improvement contractors be registered with the Office of Consumer Affairs and Business Regulations, that ... read more

In Massachusetts, the home improvement contractor industry is highly regulated. Chapter 142A of the Massachusetts General Laws imposes many requirements and restrictions on home improvement contractors operating in Massachusetts. Among these, are the requirement that home improvement contractors be registered with the Office of Consumer Affairs and Business Regulations, that ... read more

Credit reports have increasingly become a tool for employers to screen out potential job applicants. Employers sometimes end up turning away otherwise qualified people simply for having bad credit. First, a matter of a definition.  “Credit reports” are called “consumer reports” under the Fair Credit Reporting Act (“FCRA”).  A consumer report can, of course, be ... read more

Credit reports have increasingly become a tool for employers to screen out potential job applicants. Employers sometimes end up turning away otherwise qualified people simply for having bad credit. First, a matter of a definition.  “Credit reports” are called “consumer reports” under the Fair Credit Reporting Act (“FCRA”).  A consumer report can, of course, be ... read more

One of the biggest areas of concern these days is the intersection of credit reports and employment.  On this page, I will lay out a couple of the scenarios that run foul of the law. The Fair Credit Reporting Act (“FCRAâ€) applies in the employment context.  Employers often require that a job applicant sign ... read more

We are beginning an investigation into the recent Staples data breach in which malware was installed on point-of-sale computer systems at at least 113 Staples retails stores throughout the country.  A point of sale computer system is basically a cash register and credit/debit card processing unit that is linked via ... read more

You may have seen or heard commercials on the TV or radio touting debt consolidation through one of many for profit companies as a desirable alternative to filing for bankruptcy.  However, what these companies will not tell you, is that there are many advantages to filing bankruptcy compared to using ... read more

Spam text messages are an emerging problem throughout the United States.  In addition to being an annoying and disruptive invasion of privacy, spam texts can cost money for people without unlimited text plans.  Although some of the products and services being marketed through spam texts are legitimate, many others are predatory scams and pyramid schemes. ... read more

The Telephone Consumer Protection Act (“TCPA”) provides for $500 – $1,500 in damages per call for wrong number debt collection calls to a cell phone.  The reason for that is that the TCPA prohibits “using any automatic telephone dialing system or an artificial or prerecorded voice†without the “prior express consent of the ... read more

We hear the question all the time: Can I keep my car if I file bankruptcy? There is a fair amount on the web on this topic: It basically comes down to the value of the car, any liens, exemptions, and type of bankruptcy you file. The Basic Answer Yes, ... read more

If you fall behind on your mortgage payments, and the lender has accelerated the loan and begun foreclosure proceedings, a Chapter 13 bankruptcy is often the only realistic way to save your home from foreclosure. Unless you can come up with all the unpaid mortgage payments, late fees, legal ... read more

Throughout 2014 we have been dealing with a flood of lawsuits from a debt collection firm called Dyck O’Neal. The lawsuits are mostly from Florida, and they arise out of mortgage foreclosure deficiencies judgments purchased by Dyck O’Neal. Former homeowners who left homes or second properties in Florida and ... read more

If you have filed a bankruptcy in the past and want to file again and get a discharge, what are the waiting periods that apply? This simple chart will tell you based on bankruptcy type. Chart of Time Between Bankruptcy Cases * Time between bankruptcy cases is computed from ... read more

Judge Boroff of the Massachusetts Bankruptcy Court has held that an owner of a remainder interest in a home could not claim a homestead exemption. The case is on re Gordon, Case No. 11-44524 (Bankr.D.Mass August 28, 2012). In Gordon, the debtor held a remainder interest in her home. All ... read more