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Joseph Botelho
About | Practice Areas
Botelho Law Group
901 Eastern Ave Suite 2 Fall River, MA 02723» view map
Bankruptcy & Debt Law
Fall River Lawyers

At the Botelho Law Group we have several attorneys, with different specializations; to help your case’s individual needs.

800-229-5331
1. Joseph Botelho Fall River, MA
  Attorney at Law- MA, 2000
  University of Massachusetts School of Law, J.D. 2000
2. AboutBotelho Law Group
  Fall River Lawyers
3. Practice AreasExpertise
  Bankruptcy & Debt Law
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Includes: Bankruptcy Litigation, Commercial Bankruptcy, Consumer Bankruptcy, Dissolution

Robert S. Simonian

Bankruptcy & Debt, Wills & Probate, Foreclosure, Estate, Consumer Bankruptcy

Status: In Good Standing Licensed: 28 Years

FREE CONSULTATION

CONTACT

155 N. Main Street, Fall River, MA 02720

Michelle M Gagne-McAulay

Divorce & Family Law, Juvenile Law, Bankruptcy, Car Accident

Status: In Good Standing Licensed: 23 Years

FREE CONSULTATION

CONTACT

386 High Street, Fall River, MA 02720

Robert S. Simonian

Foreclosure, Mediation, Bankruptcy, Bankruptcy & Debt

Status: In Good Standing

CONTACT

155 North Main Street, Fall River, MA 02720

Amy S. Mello

Litigation, Guardianships & Conservatorships, Commercial Bankruptcy

Status: In Good Standing

CONTACT

388 County Street, New Bedford, MA 02740

800-923-0641

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LEGAL TERMS

PRESUMED ABUSE

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means te... (more...)

In a Chapter 7 bankruptcy, when the debtor's current monthly income exceeds the family median income for his or her state and he or she cannot pass the means test, the court will presume that the debtor has sufficient income to fund a Chapter 13 plan. In this situation, the debtor will not be allowed to proceed with a Chapter 7 bankruptcy unless the debtor can prove that he or she is not abusing the Chapter 7 bankruptcy remedy.

SETOFF

A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a countercl... (more...)

A claim made by someone who allegedly owes money, that the amount should be reduced because the other person owes him money. This is often raised in a counterclaim filed by a defendant in a lawsuit. Banks may try to exercise a setoff by taking money out of a deposit account to satisfy past due payments on a loan or credit card bill. Such an act is illegal under most circumstances.

CCCS

See Consumer Credit Counseling Service.

SOLE PROPRIETORSHIP

A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, m... (more...)

A business owned and managed by one person (or for tax purposes, a husband and wife). For IRS purposes, a sole proprietor and her business are one tax entity, meaning that business profits are reported and taxed on the owner's personal tax return. Setting up a sole proprietorship is cheap and easy since no legal formation documents need be filed with any governmental agency (although tax registration and other permit and license requirements may still apply). Once you file a fictitious name statement (assuming you don't use your own name) and obtain any required basic tax permits and business licenses, you'll be in business. The main downside of a sole proprietorship is that its owner is personally liable for all business debts.

MEANS TEST

A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income ... (more...)

A formula that uses predefined income and expense categories to determine whether a debtor whose current monthly income is higher than the median family income for his or her state should be allowed to file for Chapter 7 bankruptcy.

UNSECURED DEBT

A debt that is not tied to any item of property. A creditor doesn't have the right to grab property to satisfy the debt if you default. The creditor's only reme... (more...)

A debt that is not tied to any item of property. A creditor doesn't have the right to grab property to satisfy the debt if you default. The creditor's only remedy is to sue you and get a judgment. Compare secured debt.

GARNISHMENT

A court-ordered process that takes property from a person to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if ... (more...)

A court-ordered process that takes property from a person to satisfy a debt. For example, a person who owes money to a creditor may have her wages garnished if she loses a lawsuit filed by the creditor. Up to 25% of a person's wages can be deducted.

REDEMPTION

In Chapter 7 bankruptcy, when the debtor obtains legal title to collateral for a debt by paying the creditor the replacement value of the collateral in a lump s... (more...)

In Chapter 7 bankruptcy, when the debtor obtains legal title to collateral for a debt by paying the creditor the replacement value of the collateral in a lump sum. For example, a debtor may redeem a car note by paying the lender the amount a retail vendor would charge for the car, considering its age and condition.

BANKRUPTCY

A legal proceeding that relieves you of the responsibility of paying your debts or provides you with protection while attempting to repay your debts. There are ... (more...)

A legal proceeding that relieves you of the responsibility of paying your debts or provides you with protection while attempting to repay your debts. There are two types of bankruptcies -- liquidation, in which your debts are wiped out (discharged) and reorganization, in which you provide the court with a plan for how you intend to repay your debts. For both consumers and business, liquidation bankruptcy is called Chapter 7. For consumers, reorganization bankruptcy is called Chapter 13. Reorganization bankruptcy for consumers with an extraordinary amount of debt and for businesses is called Chapter 11. Reorganization bankruptcy for family farmers is called Chapter 12.

SAMPLE LEGAL CASES

Hundley v. Marsh

... COWIN, J. This case arises from the bankruptcy proceeding of Kirk Hundley (husband). ... Only the husband generated income in the relevant tax year. The trustee of the husband's bankruptcy estate, Janice Marsh (trustee), claimed the entire refund for the estate. ...

Milliken & Company v. Duro Textiles, LLC

... liquidation. Old Duro retained bankruptcy counsel, and Patriarch offered to provide debtor-in-possession financing and exit financing on emergence in the event that Old Duro wanted to put together a bankruptcy plan. Around ...

One to One Interactive, LLC v. Landrith

... In 2004, the judge, on Landrith's summary judgment motion, ruled that the proposed term sheet constituted a binding contract. In response, OTO filed a voluntary petition for bankruptcy under Chapter 11 of the Bankruptcy Code in March, 2005. ...

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Westport Bankruptcy Lawyer, Massachusetts

Sponsored Law Firm

Botelho Law Group

SPONSORED LAWYERS

Robert S. Simonian

Michelle M Gagne-McAulay

Robert S. Simonian

Amy S. Mello

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LEGAL TERMS

PRESUMED ABUSE

SETOFF

CCCS

SOLE PROPRIETORSHIP

MEANS TEST

UNSECURED DEBT

GARNISHMENT

REDEMPTION

BANKRUPTCY

SAMPLE LEGAL CASES

Hundley v. Marsh

Milliken & Company v. Duro Textiles, LLC

One to One Interactive, LLC v. Landrith

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