Here's the scenrio:  you've just written you will and now you want to execute it, what's required?  In New Hampshire, you will need two witnesses and a notary.  However, each witness must be an uninterested party.  Do not ask a family member, like a daughter or son, to be a witness.  You should ask an impartial third party to witness your signature in front of a notary. 

Tax day was two weeks ago.  If you are currently in a Chapter 13 bankruptcy in New Hampshire, you are required to send the Trustee a copy of your 2011 tax return.  This is a friendly reminder. 

There isn't really a great category for these items so I'll just include them in a miscellaneous post.  Three issues that arise during consultations are: 1. Utilities; 2. Employment Discrimination; 3. Driver's License.  I will go over each in order.

1. Can my electric company shut off my power because of bankruptcy? In many cases, a client owes their electric company a few months of service and have received a service interuption notice.  Once a bankruptcy is filed, the electric company is required to make your account current and cannot refuse service.  The electric company can require a deposit, however.

2. Can an employer of governmental agency fire me solely for filing bankruptcy? No, you can not be fired for filing bankruptcy.  That doesn't mean you are immune from being fired.  An employer can still fire you for cause.

3. Can I get my driver's license back if I lost it because I could not pay court ordered fines for damages caused in an accident?  Yes, if you lost your license solely for failure to pay then bankruptcy will allow you to get your license back.

Each one of these issues is more complicated then the above descriptions.  Please consult a local New Hampshire or Massachusetts attorney to discuss these issues in more depth.

Step one is setting up a conservatorship in Massachusetts (I'll go over New Hampshire in the next blog) is to access Massachusetts Probate website:

http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/

This site has all the information and forms that you will need to file with the court.  Click the guardianship and conservatorship link. You will be taken to a page dedicated to these petitions.   Here, you can click the forms and instructions link or you can explore the guidelines that Massachusetts has provided you to help with the process.  Once you click forms and instructions, you will be taken down on the page to the fillable and non-fillable pdf files. Form MPC 130 is the conservatorship petition. The petition will require you to detail a number of things including, but not limited to, your address, the respondent's address, the respondent's family, the respondent's assets etc.  Once you have this form completed, you will also need either a medical certificate or a clinical team report, which form you needs depends on the mental disability.  If the person you want the conservatorship for has Alzheimers, for example, then you will need a medically team report, but if the person is intellectually disabled you will need a clinical team report.

Once you have the petition completed and have the correct medical report attached, you will need a surety bond.  There are a number of surety bond companies in Massachusetts with experience in this arena.  You will have to apply for the bond and pay an annual premium.  Now, once you have your petition, report, bond and filing fee you can file your petition with the appropriate probate court. 

This can be a difficult and timely process.  My best advice is to consult a Massachusetts attorney for help in this area. 

First, what is a conservatorship?  In both New Hampshire and Massachusetts, a conservatorship grants the petition the authority to make financial decision on the behalf of the respondent.  This includes, but is not limited to, paying bills, investing assets, and selling assets.

In the next post, I'll detail the step-by-step process required to file conservatorship paperwork. 

Many New Hampshire and Massachusetts bankruptcy attorney's are attending the National Association of Consumer Bankruptcy Attorney's annual conference in San Antonio this weekend.  A few of the topics at this years annual conference are: Securitization, Protecting Retirment Assets, Tax Claims, and Preferences.  

To start with, once you file your bankruptcy petition your assets become part of the bankruptcy estate.  Each of the 50 states and the federal government allow you to exempt certain asets, thereby removing them, from your bankruptcy estate.  Generally, there are two types of exemptions:  In-Kind and Limited Interest.  An In-Kind exemption allows you to exempt an asset in full, regardless of value.  An example of an In-Kind exemption is disability benefits.  In contrast, a Limited Interest exemption has a dollar cap for each category.  An example of a Limited Interest exemption is the federal motor vehicle exemption.  A debtor can only exempt up to $3450 of equity in one motor vehicle.

If you are unsure about your available exemptions, consult a local bankruptcy attorney 

You absolutely need a will.  The truth is that a will is more for your family than for yourself.  After you pass, there is always confusion.  What do we do with the house?  Where does dad want to be buried?  Who gets the China?  These questions and more arise when a loved one passes away.  A will can offer guidance on who is to become the executor, what to do with the house, how to care for your remains.  It is important to answer these questions while you still can.

If you are interested in estate planning, call a local attorney for guidance. 

Here's a common scenrio:  You've just been arrested.  You were handcuffed and taken down to the police station.  You were finger printed and placed in lockup while you wait for the bail commissioner.  Do I need a lawyer, you think to yourself.  The answer is yes.  A lawyer is necessary to protect your rights, and to be honest, to give you piece of mind.  The criminal justice system can be a confusing and frightening experience.  The question am I going to jail will run through your mind.  The right lawyer can help you through the process and calm your fears. 

If you've been recently arrested, contact an experienced criminal attorney. 

The long and short answer to that is yes.  Although you may surrender your property in bankruptcy, you are still the owner of that property until the foreclosure and recording of the deed.  The bankruptcy simple means that you are no longer obligated to pay the mortgage.  However, you are still liable for anything that happens on the property.  You need to protect yourself and others during the foreclosure process.