Bankrupcty
Bankruptcies are governed by the United States
Bankruptcy Court. There are two in Massachusetts, one in
Boston and one in Worcester. These courts look to the
Bankruptcy Code,
Title
11 of the United States Code and also to the
Bankruptcy
Rules. Bankruptcy is a statutory fresh start for
debtors who have found themselves in a situation in
which they will not be able to get out without help.
Every debtor's case is different, but there are three
main chapters under which a debtor would file for
bankruptcy protection 7, 13, and 11. Chapters 7 and 13
are usually for individuals, whereas Chapter 11 filings
are for business reorganizations. Businesses can also
file for Chapter 7 protection, but this Chapter would
result in liquidation of the business.
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For more information of Chapter 7 filings, please
contact this office. For a quick overview, please
visit the
USCourt's
Chapter 7 Site
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For more information of Chapter 13 filings, please
contact this office. For a quick overview, please
visit the
USCourt's Chapter 13 Site
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For more information of Chapter 11 filings, please
contact this office. For a quick overview, please
visit the
USCourt's
Chapter 11 Site
As soon as a petition for bankruptcy is filed,
regardless of the chapter, a stay goes into effect which
prohibits any creditor from attempting to collect a debt
unless the creditor receives permission from the court.
If your home is in danger of being auctioned at a
foreclosure sale, bankruptcy may be an option for you.
You will need to contact an attorney in order to
evaluate your situation and find the best solution,
which may be filing for bankruptcy protection.
Should you feel that bankruptcy may be the option for
you to stop the collection calls or save your home or
get your life back on track, please contact this office
for a free consultation.
Civil Litigation
The first trial that Ashley D. Forest ever litigated
resulted in a multi-million dollar judgment in favor
of her client!
Civil Litigation begins with the filing of complaint
by one party against another. It can involve a
business filing a suit to collect amounts owed by an
individual, an individual filing a suit against a
business for unfair and deceptive trade practices, an
individual filing a suit against another individual
for injuries sustained in an auto accident, or a
business filing a suit against another business for
trademark infringement. The combinations are endless.
Civil suits can be brought before almost Court. In
Massachusetts, suits can be filed in, to list a few,
District Court,
Superior Court, U.S. Federal District Court, Land
Court,
U.S. Bankruptcy
Court,
and U.S. Tax
Court. The type of issues involved, the parties
involved, and the amount of damages or money in
controversy determine where the case should be filed.
Many matters settle prior to a trial, but sometimes
there is no agreement that can be reached. There are
also many avenues along the way to trial which can
result in a judgment, but you will not have to wait
until a trial to have your decision. Having an
experience litigator on your side is always a good
idea, whether you should settle, mediate, or have a
judge or jury decide the matter.
Ashley D. Forest is admitted to practice in all of the
Courts listed above, and has practiced within all of
those Courts. Whether you are contemplating the
filing of a lawsuit or one has been filed against you,
you should seek legal advice as soon as possible. You
may run the risk of being time barred by a statute of
limitations if you wish to file a suit. If you are a
defendant, you may risk having a default judgment
enter against you if you do not respond within a
timely manner.
Business Orgnaizations and Formations
Every business has its own unique requirements, and
organization and formation are no exception. The type
of business that your entity needs to become also
depends of the type of business, product/service
provided, number of employees, liabilities, debts,
people involved, and preference. There is also the
little matter of taxes that goes into the equation!
Your may have the options of sole proprietorship,
partnership, limited partnership, limited liability
companies, professional companies, corporations, or
non-profits. Each entity type comes with its various
pros and cons, so make the decision an informed one.
Business Disputes
Running a business sometimes results in disputes,
between the business and a customer or between
businesses. Businesses are time consuming in just
offering of the services or products which define the
business, but when the additional behind-the-scene
matters threaten your ability to effectively supply
your products and services, you need to speak with and
possibly retain an attorney to deal with those
matters. Do not let the incidentals to running your
business get in the way!
Ashley Forest is versed in legalities of business,
from inception to liquidation, and everything in
between. If you have an issue which you think might
have even the slightest legal implications, please
call and discuss your issues. Don't wait until the
issue becomes a problem or a nuisance that affects
your business.
Tax Issues
Benjamin Franklin said, "But in the world nothing
can be said to be certain except death and taxes."
This still holds true today. Our forefathers would
not abide paying taxes without representation and the
famous Boston Tea Party was a tax protest. History is
rife with tax issues, but you do not have to be. Very
few scenarios can be worse that the fear of fighting
the IRS.
Tax issues can be dealt with having a knowledgeable
individual assist with any questions you have prior to
engaging in the questioned behavior. Receiving advice
up front could save you dearly in the long run. If the
IRS has arrived at your door step; however, your next
move should be to call your attorney. Taxes can cause
serious problems, leading to seizure or even prison.
But, along with many legal matters, not waiting until
it is too late can be the difference.
If you have questions or have received notices from
the IRS or other local taxing authorities, please
don't hesitate to contact Ashley D. Forest for any tax
assistance.
Mortgage and Foreclosure Assistance
One of the worst side effects of the recession is the
rampant loss of homes throughout the country. There
is a deep-rooted belief in American psyche that the
ultimate financial triumph is landownership. A home is
a person's castle, and the loss is catastrophic on so
many levels.
Fortunately, even if you find yourself in a situation
in which you cannot make your monthly payments, there
are programs and options out there for you to try to
remain in your home.
Dealing with mortgage and servicing companies can be
very, very frustrating. Sometimes, all that is
required is to have an attorney backing you up and
representing you, and the companies will listen. You
may also have gotten to the point where you have
received a loan modification offer, but you would like
to have an attorney review the offer to make sure that
you are receiving a fair offer or if you should need
to respond with a counter-offer. You do have some
control and power in these contracts and agreements;
you should utilize it if you need to.
There is a possibility that you may only be able to
save your home through bankruptcy, but that may be a
good option if you also have other debt that needs to
be addressed.
Contact this office if your home is threatened. We
may be able to save your home and reduce your monthly
payments and interest rate.
Consumer Protection
Consumer protection is a generic term that encompasses
all aspects of business-consumer relationships and the
protections in place so that the consumers are not
taken advantage of by a business. A business sells a
faulty product. A business takes fees, but never
performs the services. A business uses unfair and
deceptive trade practices which causes you money
damages. Your landlord refuses to make your living
space safe. You do not receive what was promised.
Massachusetts has consumer protection statutes in
place, Massachusetts General Laws ch. 93A. There are
also federal protections in place, like the Fair Debt
Collection Practices Act, RESPA, and TILA. Each
statute relates to various aspects of consumer
interactions and the prohibited activities.
These statutes protect you as a consumer. There also
award set damages for violations, allow for you to
make claims, sometimes even award triples damages
should the actions warrant an award.
If you feel that you have been wronged by a business,
you may have one or several weapons available to you
to fight back.
Family Law
Family Law governs family issues: Divorce, custody,
visitation, support, adoption, and separations. These
situations are usually very emotional, because they
deal with matters close to the heart.
Because of the emotional nature of these dealings, it
is usually wise to retain an attorney to represent
your best interest without having emotions get in the
way of reason.
Consider retaining an attorney to represent your needs
and interests so that you do not enter into an unfair
agreement, receive less support than you are entitled,
or not be able to see your children as often as you
want.
Your family is at stake, so please consider contacting
an attorney to make sure your family is taken care of.
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