What Happens to Your Vehicle When You File Chapter 7 Bankruptcy in Massachusetts

A common question for those who are considering filing Chapter 7 bankruptcy is whether or not the court will use your car or truck to help pay off your creditors. To answer that question, we must look at several issues, including the equity (value) of your car or truck and the specific laws regarding bankruptcy exemptions. In Massachusetts, you may be able to keep your vehicle if you have already paid it off and its market value is less than … Continued

Can You Keep Your Tax Refund In Chapter 7 Bankruptcy?

Depending upon when you file your Chapter 7 petition and how much, if any, exemption you have available, you may not be able to keep all of your tax refund for the current or prior year. When you file your petition after a tax year has closed, but before you receive your refund, you’ll be expected to forfeit that money to the trustee when it comes —unless there is an exemption available for it. Bankruptcy Attorney Gregory Oberhauser will be … Continued

Can You Be Charged With A DUI If You Were Not Driving?

Many people are shocked to learn that in the state of Massachusetts they can be charged with an OUI (Operating Under the Influence) without ever driving the vehicle. If an inebriated individual is sitting in a car that is stopped, parked, or idling on any public street or in public location (termed a ‘pubic way’)  or if the area of the auto is located in what is known as a ‘right of access as invitees or licensees’ then the person … Continued

Massachusetts Strangulation or Suffocation Laws

In Massachusetts, the strangulation or suffocation laws fall under chapter 265, section 15D of the Massachusetts General Laws. It states the following: “Whoever strangles or suffocates another person shall be punished by imprisonment in state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.” Definition of Strangulation and Suffocation in Massachusetts Under the statute, … Continued

What Are Your Rights When Police Request a Blood Sample?

Your Rights When Police Draw Blood UPDATE: Nov. 27, 2019 A Court of Appeals ruling triggers revisions of Massachusetts OUI consent forms. The court’s determination that the term “chemical test” as used in Massachusetts’ statutory rights and consent form is not clear enough. This means changes will be coming to the standard form that police typically use to read OUI suspects their rights under the implied consent statute. This is what Attorney Oberhauser said to Massachusetts Lawyers Weekly. Chelmsford attorney … Continued

Do I Qualify For Chapter 7 or Chapter 13 Bankruptcy?

These critical documents are useful for Attorney Oberhauser to review to determine whether you may have a valid Chapter 7 or Chapter 13 personal bankruptcy case: Copies of your most recent 6 months of paystubs, or a profit-and-loss statement if self-employed or own a corporation; 3 years of income tax returns, along with their corresponding W-2 forms; Copy of credit report(s); Evidence of debt: copies of credit card, medical, student loan, utility and other pertinent bills…

Massachusetts SR22 Certificate

It goes without saying: it’s never a good idea to drive drunk. The results can be catastrophic for you, your passengers, and anyone else on the road with you. Even if tragedy is averted, you will feel the effects of a DUI conviction for years to come. You may lose your license, pay significant fines, or even go to jail. What’s more, your ability to drive encompasses many freedoms we often take for granted. Getting to work. Picking up your … Continued