Product Description

Recent updates:

• Update: February 2023

  Dear Subscriber:

  Thank you for choosing to keep your copy of Massachusetts Nonprofit Organizations up to date with this 2023 revised edition. The following highlighted topics represent only a small percentage of the new material added to the title this year.

  • Cat's paw claim. See chapter 7 for a 2022 case cite and an explanation of this term in the context of employment discrimination based on evidence that a corporate reduction in force was tainted by age bias.

  • Crown Act. Chapter 7 also discusses a 2022 enactment designed to provide antidiscrimination protections by expanding the definition of race.

  • Dissolution of a Massachusetts charitable corporation. See chapter 13's new exhibit, which reflects materials from the Office of the Attorney General.

  • Medicaid. See chapter 14 for discussion of the Commonwealth's current Section 1115 Demonstration Extension (Project Number II-W-00030/I), approved September 28, 2022, and effective October 1, 2022, through December 31, 2027. The chapter lists key components of the waiver.

  • Determination of need. Chapter 14 cites the three instances, per 105 C.M.R. s. 100.726, where substantial capital expenditures and substantial changes in service related solely to research may require a determination of need (DoN). The chapter also lists project categories set forth by the DoN regulations that are subject to delegated review and final action by the commission of the DPH.

  • Mergers in the health-care industry. See chapter 14 for discussion of Vertical Merger Guidelines , meant to outline and describe theories of antitrust harm from vertical transactions. While these guidelines were withdrawn by the Federal Trade Commission shortly in 2022, the FTC and the Department of Justice solicited public comment in 2022 on how the agencies could modernize merger enforcement. The chapter notes that a draft of new merger guidelines had been expected by 2023.

  • Limited liability entities. See chapter 3 for a review of recent formal guidance with regard to the recognition of LLCs as 501(c)(3) entities.

  We at MCLE trust that you will find this new material practice to be useful in your practice and valuable in maintaining your law library..

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Evaluating the Collection Claim

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Exhibit 1A

- Complaint to Reach and Apply Buy Form

Exhibit 1B

- Forms for Lis Pendens Buy Form

Chapter 2 expand

Preparing and Filing the Collection Action and Motions for Pretrial Attachments

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Dana E. Casher, Esq., Casher Law Offices

Checklist 2.1

- Creditor’s Checklist of Advantages and Disadvantages of the Small Claims Procedure Buy Form

Checklist 2.2

- Collections Actions: Checklist of Jurisdictional Requirements Under the Long-Arm Statute Buy Form

Checklist 2.3

- Checklist of Properties Exempt from Trustee Process Attachment Buy Form

Exhibit 2A

- Statement of Small Claim and Notice of Trial with Instructions Buy Form

Exhibit 2B

- Motion for Special Attachment Buy Form

Exhibit 2C

- Complaint for Goods Sold and Delivered Buy Form

Exhibit 2D

- Verified Complaint to Reach and Apply for Goods Sold and Delivered with Trustee Attachment Buy Form

Exhibit 2E

- Complaint for Services Rendered Buy Form

Exhibit 2F

- Complaint on a Promissory Note Buy Form

Exhibit 2G

- Motion for Allowance of Real Estate Attachment Buy Form

Exhibit 2H

- Affidavit in Support of Motion for Approval of Real Estate Attachment Buy Form

Exhibit 2I

- Ex Parte Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2J

- Affidavit in Support of Ex Parte Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2K

- Motion for Approval of Attachment by Trustee Process (Bank Account) Buy Form

Exhibit 2L

- Affidavit in Support of Motion for Approval of Attachment by Trustee Process Buy Form

Exhibit 2M

- Complaint–Suit on a Judgment Buy Form

Exhibit 2N

- Writ of Attachment Buy Form

Exhibit 2O

- Motion for Allowance of Keeper Attachment; Affidavit in Support of Motion for Allowance of Keeper Attachment Buy Form

Exhibit 2P

- Summons to Trustee Buy Form

Exhibit 2Q

- Trustee’s Answer Buy Form

Exhibit 2R

- Discharge of Trustee Buy Form

Exhibit 2S

- Motion to Charge Trustee Buy Form

Exhibit 2T

- Letter of Instruction to Trustee Buy Form

Exhibit 2U

- Debtor’s Motion to Dissolve Ex Parte Trustee Process Buy Form

Exhibit 2V

- Sample Motion for Alternative Service Buy Form

Exhibit 2W

- Sample Motion for Entry of Default Buy Form

Chapter 3 expand

Reducing the Case to Judgment and Obtaining Execution

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Dana E. Casher, Esq., Casher Law Offices

Exhibit 3A

- Request for Default/Default Judgment Buy Form

Exhibit 3B

- Military Affidavit Buy Form

Exhibit 3C

- Memo of Damages Buy Form

Exhibit 3D

- Defendant’s Final Request for Answers to Interrogatories Buy Form

Exhibit 3E

- Application for Final Judgment; Affidavit in Support of Application Buy Form

Exhibit 3F

- Motion for Summary Judgment in District Court; Affidavit in Support of Motion for Summary Judgment Buy Form

Exhibit 3G

- Superior Court Summary Judgment Packet Buy Form

Exhibit 3H

- Agreement for Judgment Buy Form

Exhibit 3I

- Settlement Agreement and Mutual Release Buy Form

Exhibit 3J

- Judgment Buy Form

Exhibit 3K

- Writ of Execution Buy Form

Exhibit 3L

- Motion to Allow Copy of Note Buy Form

Exhibit 3M

- Motion for Appointment as Process Server Buy Form

Chapter 4 expand

Levying on the Execution to Satisfy the Judgment

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Exhibit 4A

- Rule 69 Discovery Buy Form

Exhibit 4B

- Sample Subpoena Duces Tecum Buy Form

Exhibit 4C

- Levy on Real Estate Buy Form

Chapter 5 expand

Satisfying a Judgment by Postjudgment Attachment

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Dana E. Casher, Esq., Casher Law Offices

Exhibit 5A

- Postjudgment Ex Parte Motion for Trustee Process Attachment Pursuant to Rules 4.2 and 69 Buy Form

Exhibit 5B

- Motion for Approval of Trustee Process to Attach Wages Buy Form

Exhibit 5C

- Complaint on a Judgment Buy Form

Exhibit 5D

- Trustee Execution Buy Form

Chapter 6 expand

Satisfying a Judgment by Supplementary Process

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Dana E. Casher, Esq., Casher Law Offices

Exhibit 6A

- Summons to Judgment Debtor Buy Form

Exhibit 6B

- Debtor’s Examination Questionnaire Buy Form

Exhibit 6C

- Financial Statement of Judgment Debtor Buy Form

Exhibit 6D

- Capias Buy Form

Exhibit 6E

- Motion to Issue New Capias Buy Form

Exhibit 6F

- Petition for Notice to Show Cause Buy Form

Exhibit 6G

- Notice to Show Cause—Small Claims Session Buy Form

Chapter 7 expand

Using Receiverships as a Collection Tool

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Dana E. Casher, Esq., Casher Law Offices

Exhibit 7A

- Receivership Complaint Buy Form

Exhibit 7B

- Summons and Order of Notice for Appointment of Receiver Buy Form

Exhibit 7C

- Order Appointing Receiver Buy Form

Exhibit 7D

- Notices of Appointment of Receiver Buy Form

Exhibit 7E

- Receiver’s Motion for Order of Notice for Filing Proofs of Claim Buy Form

Exhibit 7F

- Receiver’s Complaint for Contempt Buy Form

Chapter 8 expand

Collecting Judgments in Special Situations

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Dana E. Casher, Esq., Casher Law Offices

Chapter 9 expand

Closing the Case Against the Debtor

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Dana E. Casher, Esq., Casher Law Offices

Exhibit 9A

- Release Buy Form

Chapter 10 expand

Contempt and Sanctions

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Dana E. Casher, Esq., Casher Law Offices

Exhibit 10A

- Complaint for Contempt Buy Form

Exhibit 10B

- Motion for Sanctions Buy Form

Chapter 11 expand

Remote Practice

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Dana E. Casher, Esq., Casher Law Offices

Exhibit 11A

- Supreme Judicial Court Order on Electronic Service Buy Form

Exhibit 11B

- Notice of Acceptance of Electronic Service Buy Form

Exhibit 11C

- Notice of Taking Electronic Deposition Buy Form

Appendix

Collection Resources

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Author(s)