November 2009 Archives

November 22, 2009

Brigham's Files for Bankruptcy Protection in Massachusetts

Boston attorney Thiadora Pina appeared in Suffolk Superior Court on behalf of the owner of Brigham's Ice Cream stores on November 18, 2009. We represented the owner, Luke Cooper, individually, as a vendor filing suit against Brigham's Ice Cream's holding companies, including Deal Metrics, LLC.

The vendor alleged that Brigham's Ice Cream owed them a considerable amount of money. In their suit to collect that money directly from the bank holding Brigham's Ice Cream's funds, the vendor sought to also collect money directly from Luke Cooper. Attorney Pina argued on behalf of Mr. Cooper in an effort to deny the vendor the right to attach his personal bank accounts. She successfully presented her argument to the Suffolk Superior Court and the vendor's Motion was denied as to Luke Cooper, individually.

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November 18, 2009

More Roth Planning for 2010 and 2011

We are advising our Massachusetts clients to look into a loophole in the tax code for Roth IRA conversions in 2010.

The tax code has been amended to allow folks to do a reverse Roth IRA conversion in 2010. Here is how it can be executed:

Continue reading "More Roth Planning for 2010 and 2011" »

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November 13, 2009

Massachusetts Bankruptcy Fraud Notes

Clients often ask us if their personal bankruptcy will be successful. Of course, we can't guarantee results. However, one thing we can guarantee is that any misstatements on the Petition or Schedules will result in increased scrutiny and likely no discharge.

In a recent case in Louisiana, a married couple were charged criminally for giving a false statement in bankruptcy proceedings and fraud; they "knowingly and fraudulently devised and intending to devise a scheme and artifice to defraud and for the purpose of executing and concealing such a scheme and artifice." Essentially, they failed to list properties they owned or had a legal interest in. Initially, the proceedings were in the bankruptcy court. Eventually, the proceedings landed in federal criminal court because they failed to disclose the sale of a business and the sale of a home and made such false statements on their bankruptcy petition, under the pains and penalties of perjury.

What happens to the Louisiana couple is of less importance to us than the fact that we must rigorously maintain the integrity of our clients' bankruptcy petitions. This is the reason we insist on meeting with all clients personally for a full intake interview, and the reason we ask for so many documents before filing the bankruptcy.

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