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Personal Injury Law Firm Burns & Jain Injury Blog

We have been practicing law in Boston and throughout Massachusetts since 1985. I have represented clients in District Courts, Superior Courts, the Appeals Court, Housing Court, Probate Courts, Federal Bankruptcy Court and the Federal District Court.

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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.

Massachusetts Super Lawyers Nominates Neil Burns

Super Lawyers magazine announced that Attorney Neil Burns was elected a “Massachusetts Super Lawyer” – a title awarded to less than 5% of the attorneys in the Commonwealth. The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area. According to the findings, “Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.” The award is made by Law and Politics, a division of Key Professional Media, Inc., of Minneapolis, Minnesota. They make awards across the country and reach more than 13 million readers. I acknowlege that without the dedicated work of my associate and assistant, there could be no nomination. Further, without the acknowledgement by my peers in the evaluation process, there would be no approval. Finally, wihout deserving clients, there would be no motivation; you are all super!

Victims of Massachusetts’ Attorneys — Awards 2009

The Massachusetts Clients’ Security Board (CSB) is a panel of attorneys, appointed by the Supreme Judicial Court. They are entrusted with a never ending source of money – a portion of all registered Massachusetts attorneys’ annual fees! Unfortunately, the CSB’s job is never ending as well – to “manage and distribute the monies in the Fund to members of the public who have sustained a financial loss caused by the dishonest conduct of a member of the bar acting as an attorney or a fiduciary.” In the CSB annual report, filed on August 31, 2009, the total amount awarded was $1,328,039, a decrease of 50% from their 2008 fiscal year. On the other hand, the total number of claims decided, 116, was up 30% from last year. The largest single award was $243,498.00; the smallest, $365.00.

Massachusetts Auto Accident Victims’ Chiropractors Now Subpoenaed

In a recent District Court decision in Salem, Massachusetts, the insurance companies won a small, but significant, victory in their never ending battle against the rights of Massachusetts insureds. In a non binding decision to other districts, but perhaps a sign of things to come, District Court Judge Richard A. Mori found that a Chiropractor who failed to appear at a deposition as per an insurance company’s subpoena could not seek payment for medical treatment he rendered to insured victims of a motor vehicle accident.

Massachusetts Personal Bankruptcy Filings On the Rise

There were 11,872 Chapter 7 Personal Bankruptcy filings in Massachusetts so far this year. According to new data the number of personal bankruptcy filings in Massachusetts is up 35% percent from January 1 through September 30, 2009. This is compared to the same nine month period in 2008, according to a new report on Massachusetts bankruptcies by The Warren Group, publisher of Banker & Tradesman. On the other hand, Chapter 13, reorganization bankruptcy filings were down 23% during the same time period. The Warren Group also has a website which allows you to search for bankruptcy filings in Massachusetts.

Do I Need A Will?

When clients call and ask us if they need a will, we almost always reply in the affirmative. Why? Because without a will, your assets will not necessarily go to whom who wish. Further, the Court will appoint an “administrator” and this may not be the person you wanted to carry out your wishes. Finally, tax planning for your assets will be up to the state and the federal government for those without a will. Some clients report that their assets are minimal. Nevertheless, they often fail to remember life insurance (which can pass outside the will, but should be factored into the plan) and personal injury and wrongful death actions. Some folks report that they have only two children and the Court would split their assets equally anyway. They fail to realize that there could be a fight about who should be the executor and how much that executor should get paid.

Motor Vehicle Deaths Down in US

Massachusetts drivers share in the good news that the National Highway Traffic Safety Administration announced on October 9, 2009: the number of traffic deaths on U.S. roads reached a record low in the first half of 2009! The numbers are down approximately 7% for the first half of the year. A report on estimated 2009 traffic fatalities can also be viewed. The Fatality Analysis Reporting System keeps statistics of highway fatalities each year. In 2008, the numbers were the lowest in over 10 years.

Do We Need a Consumer Financial Product Agency?

Many of our Massachusetts bankruptcy clients who come in for a consultation say that they would be able to pay their bills if only the interest rate on their credit card hadn’t jumped so high because of one late payment. The credit card “agreement” they signed has so many clauses that enable the banks to do whatever they wish, when they wish. There are very few contract clauses to help the consumer in these situations. Harvard University’s Elizabeth Warren, who grew up poor in Oklahoma, is a tenured professor at Harvard Law School and has been appointed to chair the Congressional Oversight Panel. She is charged with monitoring the federal bailout of the financial institutions; her task is to examine how they spent the $700 billion bailout. For many years, Ms. Warren has been advocating that we need a few federal agency: the Consumer Financial Product Safety Commission. The model for the new agency is the U.S. Consumer Product Safety Commission, an independent health and safety regulatory agency founded in 1972 by the Nixon Administration. Most folks would agree that this federal agency has added tremendous benefits to society. Since 2001, Canada has a financial products agency, which from all reports seems to be working quite well.

Seven Personal Bankruptcy Tips BEFORE Bankruptcy in Boston

We recommend that folks in Massachusetts meet with us BEFORE making decisions regarding assets whenever personal bankruptcy is a possibility; even if it is only a remote possibility. This is because with decades of experience in personal bankruptcy we see a theme with respect to mistakes our clients have made. First, be very careful before transferring real estate. Selling your house is one thing. Transferring ownership to your spouse or child may be a good idea for many reasons. However, it also may be considered a fraudulent conveyance in a number of instances. The federal bankruptcy Trustee that reviews your Personal Bankruptcy Petition and Schedules always asks about real estate transfers. The Registry of Deeds records are public and your testimony is under oath. It is one of the easiest frauds to catch. And, it’s almost always unnecessary: your can exempt your home under both federal and state laws in personal bankruptcy.

Roth IRA Conversions for 2010 Planning

Increasingly, our Massachusetts clients have been asking about conversion strategies between the traditional IRA and the Roth IRA. All monies invested in a traditional IRA are taxable upon distribution to you. That is, whatever you take out of the IRA will be a taxable event and a 1099 will be issued. On the other hand, whatever you withdraw from a Roth IRA is not taxable; this is because you already paid taxes on the amount deposited in the year you made the contribution. Now, however, there is a planning opportunity for folks with monies in a traditional IRA. If the “modified adjusted gross income” on your 2009 tax return will be less than $100,000, you can “convert” an unlimited amount of your investments in your traditional IRA to a Roth IRA. You will have to pay taxes on the “distribution” and most tax advisors recommend using separate funds to pay those taxes. Nevertheless, the monies can now be invested to grow, tax free to you and your heirs. Thus, as a tax planning mechanism, you can take distributions from the Roth IRA when the tax on traditional IRA would be prohibitive.