Mark J Russo Law Offices

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(207) 282-4004Call Visit WebsiteVisit Website Map & DirectionsDirections222 Saint John St Ste 318Portland, ME 04102 Write a ReviewWrite Review

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Mark J Russo Law Offices

Divorce
Davis v. Cox. The most influential recent decision by the First Circuit Court of Appeals arising from the Maine Bankruptcy Court regarding the intersection of bankruptcy and divorce law is Davis v. Cox, 356 F. 3d 76 (1st Cir. 2004). This case is found on the 1st Circuit's website and the underlying decision from the U.S. Bankruptcy Court is located on the U.S. Bankruptcy Court of Maine's website, both of which is linked to this website.

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Russo, Mark J, JD

Russo Mark J

Russo, Mark J, ATTY

Immigration Law Office of Mark Russo

Mark J Russo ESQ

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http://www.markjrussoesq.com

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Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Litigation Attorneys, Divorce Attorneys, Family Law Attorneys, General Practice Attorneys, Immigration Law Attorneys, Labor & Employment Law Attorneys, Personal Injury Law Attorneys, Tax Attorneys

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Phone: (207) 282-4004

Address: 222 Saint John St Ste 318, Portland, ME 04102

Website: http://www.markjrussoesq.com

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Mark J Russo Law Offices

Divorce
Davis v. Cox. The most influential recent decision by the First Circuit Court of Appeals arising from the Maine Bankruptcy Court regarding the intersection of bankruptcy and divorce law is Davis v. Cox, 356 F. 3d 76 (1st Cir. 2004). This case is found on the 1st Circuit's website and the underlying decision from the U.S. Bankruptcy Court is located on the U.S. Bankruptcy Court of Maine's website, both of which is linked to this website.
Spousal Support
Alimony and support versus division of marital debt. The Bankruptcy Code makes a distinction between how alimony and support is addressed in bankruptcy versus simple division of marital debt. Alimony and support are non-dischargeable debts. The division of marital debt may be dischargeable in Chapter 7 cases. Frequently it is difficult to determine whether or not debt is alimony and support or whether it is simply a division of marital debt. Several important bankruptcy decisions that address these issues are In re Dressler, 194 B.R. 290 (Bankr. R.I. 1996); In re Warren, 160 B.R. 395 (Bankr. D.M.e. 1993); In re Marquis, 203 B.R. (Bankr. D.M.e. 1997). These decisions help determine the circumstances under which obligations under a divorce decree are either alimony and support or a simple division of marital debt. When the issue is an award of attorney's fees in a divorce judgment, the case of In re Whitney, 265 B.R. 1 (Bankr. D.M.e. 2001) is worthwhile reading to understand that an order to pay attorney's fees is usually considered in the nature of alimony and support.

Business and Corporate Law

Business Disputes

Immigration Law

Green Cards
Student Visas
Persons seeking to pursue a full course of study at a school in the United States may be eligible for a visa for the course of their study plus, in some cases, a period for practical training in their field of study.
Investor Visas
Investors and traders and their employees may receive visas to carry on their businesses in the U.S. if their home country has a commercial treaty with the US conferring visa eligibility.

Personal Injury
The First Circuit concluded that the federal exemption for personal injury claims only permitted a debtor to exempt one personal injury claim pursuant to 11 U.S.C. Section 522 (d)(11)(D). In re Christo, 192 F.3d 36 (1st Cir. 1999). The federal exemption for personal injury claims is remarkably similar to Maine's personal injury exemption. The Maine Bankruptcy Court recently decided that a pop-up camper did not fit under the definition of a household good under the Maine exemptions. In re Schreiber, 231 B.R. 17 (Bankr. D. Me. 1999). Such a ruling does not bode well for snowmobile and ATV enthusiasts hoping to protect those items of personal property from the trustee.

Bankruptcy
We are a general practice firm located in Southern Maine consisting of Immigration Attorneys (Family and Employment Based), as well as those specializing in Bankruptcy Law, and Family Law. The firm was founded in 2002 with the commitment to help you realize your legal goals in an efficient and expeditious manner for a reasonable fee.
Foreclosure
If a debtor is behind in his or her mortgage payments and facing a foreclosure, Chapter 13 can permit the debtor to cure the defaults and reinstate the mortgage. See 11 U.S.C. Section 1322. The mortgage arrears are paid as part of the Chapter 13 plan payment to the trustee while the debtor commences regular monthly mortgage payments post petition. This technique creates havoc for the mortgagee's computer system, but is well understood and accepted by mortgagees. Debtors who use Chapter 13 for this purpose will be closely monitored to be certain that they do not fall behind on their mortgages after filing. The Court is less than sympathetic with a debtor who fails a second time in his or her mortgage payment responsibilities.
Tax Law
The basic tool used in litigating tax issues is contained in Section 505(a) (1). That section permits the Bankruptcy Court to determine the amount or legality of any tax, a fine or penalty relating to a tax, or any addition to tax, whether or not previously assessed, whether or not paid, and whether or not contested before and adjudicated by a judicial or administrative tribunal of competent jurisdiction. If, however, there was a judicial or administrative tribunal adjudication of a tax, fine, penalty, or addition to a tax, before the commencement of the bankruptcy case, the Bankruptcy Court may not determine these issues again under Section 505(a)(1). See Section 505(a) (2) (A).

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