QUESTIONS OFTEN ASKED AFTER AUTOMOBILE ACCIDENTS

There is so much confusion following an auto accident. When injuries are involved, it is even more overwhelming. How do you know what steps to take and which to avoid?

Can I get my car repaired?
One of the frequent questions we receive from our clients is – should I settle my property damage case, if I have been injured? For the most part, the answer is “yes.” It is okay to settle your property damage claim, whether that means you get your car repaired or the insurance company decides it is totaled. A property damage settlement should not affect your personal injury case, as these are two different claims.

Therefore, go ahead and get your car fixed or accept a check from the insurance company. You can also sign a release form, as long as it is only for the property damage claim and not your personal injury case.

Should I give a recorded statement?
The property damage question is not the only one we hear from our clients. One of the other common questions is – should I give a recorded statement? The answer is almost always “no,” as a recorded statement could seriously impact your Virginia car accident claim. The insurance adjuster will be looking to catch you on record saying something that would either minimize their liability or ruin your case all together

How To Buy a Car Before or After Bankruptcy

From a pre-bankruptcy planning step or even after bankruptcy, a little planning can save you thousands.  Research and time are the foundational keys to getting the best deal. I’ll add that I found a website that I was getting a bargain, CarGurus. Use this site to search out the car you’re looking for and you’ll see the best deals. Another tip is to expand your search because you never know whether your best deal is in your town or not too far away that you can’t just take a drive. I found my car miles from home and saved thousands taking a short drive. Your research knowledge must include the cost of maintenance, repairs, insurance and registration costs for the car because you have to include these into your budget so that you know exactly what you can afford. Check with your insurance company for a few insurance quotes before you buy that car so you’re not shocked about this mandatory expense.
If you need financing, get approved before you start shopping. You can also shop for the best interest rates too. Usually, a credit union will give you the best interest rate whether you have great credit or not. Don’t worry if you just completed a bankruptcy case, there will be offers in the mail to finance a car, but don’t accept them. Instead, research and then selectively apply where lowest interest rates are found.

PATERNITY LEAVE FOR FATHERS

BOSTON – When James Mahaffey, 37, of Boston, had a choice between renewing a contract with an investment company and starting his own media production company, he chose the latter. Part of the reason, he said, was he wanted time to spend with his newborn child.
Mahaffey, a father of two who co-founded a Boston dad’s group and teaches classes for new fathers, said men he knows typically cobble together a couple of days of holiday leave or vacation time to take care of their babies.
Requiring companies to give new fathers time off, Mahaffey said, could have “substantial benefits to society as a whole.”
Under a law signed by former Gov. Deval Patrick the day before he left office, Massachusetts men will be guaranteed eight weeks of unpaid paternity leave.
Essentially, the new change makes the state’s existing maternity leave policy gender neutral. Supporters say it will give fathers a chance to bond with their new babies. It will also help gay couples who adopt a child.

Under existing federal law, new mothers and fathers are both eligible for up to 12 weeks of unpaid leave to take care of a newborn. But that law, the Family and Medical Leave Act, only applies to businesses with more than 50 employees.
The state law, which requires eight weeks of unpaid time off, applies to businesses with six or more employees.

Although women obviously need time to recover from childbirth, which men do not, there are other reasons for men to need time off. There’s plenty of hard science data about the importance of children bonding with their parents.
The bill was originally sponsored by then-representative and now Boston Mayor Marty Walsh. Walsh said in a statement, “This is about supporting the well-being of working families and allowing parents to establish their families without worrying about job security.”

A second provision of the law requires a company to put in writing any extension they grant to the eight week leave. This provision was the result of a 2010 Supreme Judicial Court decision that found against a housekeeper who was verbally granted a two-week extension by her employer but then lost her job when she tried to return to work. The court found that due to the extension, the woman lost her right to job protection.

CHAPTER 13 BANKRUPTCIES AND HOME OWNERS ASSOCIATIONS

Home owner’s Associations can be a blessing for some and a problem for others. When you add a Chapter 13 bankruptcy into the mix, the HOA can become a legal nightmare. According to the recent case of In Re Rosa, the chapter 13 plan and the confirmation order could change the relationship between the two.
Imagine that you retired, purchased a beautiful home in a gated community in order to live the stress free life. The HOA now takes care of the lawn, cable, pest control, etc. Well, life changes or the economy changes or you have medical bills or there is a loss of job and you are forced to file bankruptcy. You have to make a choice: either keep the home and the HOA or let it go and deal with the HOA.
If you file a chapter 13 bankruptcy petition and schedules, you also have to file your plan of reorganization. Your chapter 13 plan must tell the secured creditor exactly how you are going to deal with their collateral. Well, if you are going to keep the home, it really isn’t a problem because you are still obligated to pay the HOA. If your Chapter 13 plan states that you are going to surrender the collateral back to the mortgage holder, that is good news to the secured creditors, but what about the ongoing HOA obligation? In other words, is the chapter 13 debtor still obligated to pay the ongoing HOA dues even though he or she has expressed their intention to surrender the property.This is exactly the dilemma that many chapter 13 debtors find themselves in Florida. Here, it seems that we live in HOA heaven. Naturally, the HOAs have an obligation to not only collect ongoing dues, but to also continue to serve the other residents in the community. Therefore, they need to continue receiving revenue.
In this case the debtor’s Ch. 13 Plan made three representations: 1) that the real estate in question question was being surrendered to the mortgage holder or its agent; 2) that the real estate in question was being surrendered in full satisfaction of the underlying claim; and 3) that upon confirmation, the bankruptcy confirmation order shall constitute a deed of conveyance of the property. Interestingly, it was not the secured creditor who objected to the Chapter 13 plan it was Trustee.
The trustee objected to the provision in the plan that created a transfer of the property back to the secured creditor. The Court pointed out that the bankruptcy plan also provided for the “vesting” of the property in the first mortgage holder. This provision is allowed by 11 USC 1322(b)(9).
The Court went on to discuss issues of notice to the creditors. The Court was very concerned that the Plan was properly served on the secured creditor and that the mortgage holder had time to object. Since the mortgage holder failed to object to the plan and was properly notified of the contents of same, the Court deemed the plan accepted by the secured creditor.
So, in order to effectuate “vesting” of the real property to be surrendered back into the mortgage holder, a debtor must draft a plan which clearly and unequivocally follows 1322(b)(9) and provides adequate notice to the secured creditor. Once this is done, then the debtor will have to deal with any objections by the chapter 13 trustee’s office and the secured creditor, if any.
If there is an objection, the debtor will not necessarily lose all of the time. The Court can craft a remedy that will effectuate the intention of both of the parties.

WHAT RESPONSIBILITY DOES A LANDLORD HAVE FOR SNOW REMOVAL

MY RECENT BLOG REGARDING THE RESPONSIBILITY OF LANDLORDS FOR SNOW REMOVAL RESULTED IN MORE RESPONSES THAN USUAL. FOR THAT REASON I AM POSTING THIS FOLLOW UP REGARDING THE DEVELOPMENT OF THE LAW AS IT STANDS TODAY.

After four major snowstorms have buried much of Massachusetts in more than six feet of snow, and with other areas of the country dealing with storms of their own, landlords nationwide are wondering how responsible they are for clearing and managing snow and ice that has accumulated in their parking lots and on their sidewalks. The answer is: very responsible.

On July 26, 2010 in Papadopoulos v. Target Corp., 457 Mass. 368, the Supreme Judicial Court (SJC) substantially revised 125 years of Massachusetts common law relating to land owner liability for snow removal. Prior to the Papadopoulos decision, Massachusetts law held that a property owner was not liable for injuries caused by “natural” accumulations of snow or ice on the owner’s property. In Papadopoulos, the SJC discarded the distinction between “natural” and “unnatural” accumulations of snow and ice and ruled that in snow and ice cases property owners are now held to the same duty of care to lawful visitors as they are in all slip and fall cases– to act as a “reasonable person under all the circumstances.”

The snow removal reasonably expected of a property owner will depend on several factors, most importantly: (1) the amount of foot traffic on the property, (2) the amount of the risk reasonably feared, and (3) the burden and expense of snow and ice removal. While all owners of property owe visitors a duty of reasonable care, what constitutes reasonable snow removal will vary, with retail stores, restaurants, and hotels owing a higher standard of care than residential owners.

MASSACHUSETTS LANDLORDS REQUIRED TO SHOVEL

After record snowfalls and more coming, weary renters might wonder who is responsible for clearing their driveways and providing safe access to their apartments.
A 2010 Massachusetts Supreme Judicial Court decision requires landlords to use “reasonable care’’ to keep their property safe for tenants from snow and ice, said Sherri Way, president of the MetroWest Property Owners Association.
She said the SJC decision, Papadopoulos vs. Target Corporation, highlighted property owners’ legal responsibility not just for clearing snow after a storm but “maintaining a safe environment’’ afterwards.
That decision reversed a century-old standard known as the Massachusetts Rule that previously stated property owners were not liable for injuries from “a natural or untouched accumulation’’ of snow and ice.
Based in Marlborough, the 70-member MPOA aims to help landlords understand and fulfill all legal responsibilities.
Describing Massachusetts as a “pro-tenant state,’’ Way said it remains unclear how strictly local courts will interpret the new law.
While lawsuits based on the decision are just beginning to reach local courts, she predicted judges will allow landlords a “reasonable time frame’’ to clear their property based on the number of units.
Boston gives businesses three hours to shovel and six hours for residential property.
He said landlords can pay tenants to shovel their driveways as a condition of their lease or reduce their rent for such services, but cautioned they might still be held liable for injuries or damages that occur on their property.
However, disputes between landlords and tenants regarding snow removal must be resolved in court rather than by police or other municipal departments

WHEN DOES A LANDLORD HAVE TO RETURN SECURITY DEPOSITS

Under Massachusetts law, your landlord may be required to return your security deposit at different points in your tenancy. One of these points is when you vacate your apartment, presuming you provided proper notice to your landlord. At that time, your landlord has 30 days to inspect the apartment and deduct from your security deposit the cost of any repairs, the amount of any unpaid rent or water charges, or the amount of any unpaid real estate taxes if you were obligated to pay them. Within 30 days from the day you vacated the apartment, your landlord must then send you an accounting of these deductions and return the remaining security deposit to you.

Another time when you may be entitled to a return of your security deposit is when you discover your landlord has failed to place the security deposit in an interest bearing account, or failed to provide you with a receipt containing information about the interest bearing account where the security deposit is being held. In this case, the law states you are entitled to an immediate return of the security deposit.

Finally, your landlord may forfeit his right to keep your security deposit if he fails to provide you with a statement of damages or the remaining security deposit within 30 days after you’ve vacated the apartment, includes provisions in the lease which conflict with the security deposit statute, or fails to transfer the security deposit to a subsequent purchaser of the property. Some of these violations also entitle you to damages equal to three times the amount of the security deposit still held by the landlord.

10 THINGS NOT TO DO IF YOU ARE ARRESTED

1.  Don’t try to convince the officer of your innocence. It’s useless. He or she only needs “probable cause” to believe you have committed a crime in order to arrest you. He does not decide your guilt and he actually doesn’t care if you are innocent or not.

2.  Don’t run.

3.  Keep quiet.

4.  Don’t give permission to search anywhere.

5.  If the police are searching your car or home, don’t look at the places you wish they wouldn’t search.

6.  Don’t resist arrest. Above all, do not push the police or try to swat their hands away. That would be assaulting an officer and any slight injury to them will turn your minor misdemeanor arrest into a felony.

7.  Try to resist the temptation to mouth off at the police, even if you have been wrongly arrested.

8.  Do not believe what the police tell you in order to get you to talk.

9.  If at home, do not invite the police inside, nor should you “step outside”. If the police believe you have committed a felony, they usually need an arrest warrant to go into your home to arrest you. If they ask you to “step outside”, you will have solved that problem for them.

10.  If you are arrested outside your home, do not accept any offers to let you go inside to get dressed, change, get a jacket, call your wife, or any other reason.

That’s it: Ten simple rules that will leave as many of your rights intact as possible if you are arrested.

PATERNITY LEAVE FOR FATHERS

A new state parental leave law entitles male employees to take time off for the birth or adoption of a child, but it also signals something bigger: A growing recognition of the vital role fathers play.

The law, signed by Governor Deval Patrick on his last full day in office earlier this month, expands the state’s 1972 maternity leave act to also grant new fathers eight weeks of unpaid time off. New parents at companies with 50 or more employees fall under the 1993 federal Family and Medical Leave Act, which grants 12 weeks of unpaid leave to both men and women; the state law applies to companies with as few as six employees.

If both parents work for the same company, they are entitled to eight weeks off between them.

Expanding paternity leave for fathers will help make families stronger, advocates say, noting that the more both parents are involved in the lives of their children, the more successful those children will be. Having time to care for and bond with a newborn can instill in men a “sense of fatherhood” that can lead to more equity at home and a better work-life balance with their spouse, according to a soon-to-be-released study by Northeastern University.

Not only that, fathers who are more involved in their children’s lives report greater job satisfaction and less work-life conflict, and are less likely to consider quitting their jobs, the Northeastern study found.

The new state paternity law, which started as a bill filed in 2013 by then-state representative Martin J. Walsh (now Boston’s mayor), could help reduce the bias against men taking time off to care for newborns.

More men taking paternity leave, and presumably dedicating themselves to child care down the road, the study noted, could also ease workplace discrimination against women, who are sometimes seen as less-valuable employees because of their propensity for taking child-care-related time off.

In the United States, nearly a third of men in the United States have no access to paternity leave when they have a child, according to the White House Council of Economic Advisers.

IF YOU ARE THINKING OF USING ONE OF THOSE NATIONAL LAW FIRM -THINK AGAIN

Law firm Binder & Binder files for bankruptcy One of the nation’s largest Social Security disability law firms had to reduce institutional debt after payments from the federal government slowed. Binder & Binder, a Long Island-based national Social Security disability law firm, filed for Chapter 11 bankruptcy Thursday night. The move will allow the firm to reduce institutional debt after payments from the federal government slowed, hurting cash flow, said Kenneth Rosen, an attorney with Lowenstein Sandler representing Binder & Binder. The company listed both assets and liabilities of between $10 million and $50 million, according to court papers filed in U.S. Bankruptcy Court in the Southern District of New York. “We have filed papers to pay our employees in the ordinary course. We don’t want the employees to feel anything; they will not. We don’t want the clients to feel anything; they will not,” Mr. Rosen said. “The last thing we would want is there to be any interruption. It’s business as usual.” U.S. Bank and Capital One made a $23 million secured loan to the company. The financing will allow for operations to continue without interruption, Mr. Rosen said. The law firm, with about 57,000 clients, has approximately 900 employees in 13 states, including New York, where it has offices in Manhattan, the Bronx, Long Island City and Hauppauge, L.I. The company’s largest unsecured creditor was Houston-based Stellus Capital Management, which had loaned the company $16.7 million. Google and Manhattan-based Integrated Media Solutions were also among the firm’s largest creditors, with $800,000 and $2.7 million owed for services, respectively. Manhattan management consultant Development Specialists will provide a chief restructuring officer to manage the bankruptcy and improve operating performance, according to the filing. Binder & Binder was founded in 1975 by brothers Harry and Charles Binder. Charles would appear in TV commercials, saying in the ads “You have enough to worry about.