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 While these guidelines were withdrawn by the Federal Trade Commission shortly in 2022, the FTC and the Department of Justice solicited public comment in 2022 on how the agencies could modernize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

Filing a Bankruptcy Case

Buy Chapter

Mark G. DeGiacomo, Esq., Murtha Cullina LLP
David A. Mawhinney, Esq., District of Massachusetts (Central & Western Divisions)

Exhibit 1A

- Voluntary Petition Buy Form

Exhibit 1B

- MLBR Official Form 1: Matrix List of Creditors Buy Form

Exhibit 1C

- Schedule A/B Buy Form

Exhibit 1D

- Schedule C Buy Form

Exhibit 1E

- Schedule D Buy Form

Exhibit 1F

- Schedule E/F Buy Form

Exhibit 1G

- Schedule G Buy Form

Exhibit 1H

- Schedule H Buy Form

Exhibit 1I

- Schedule I Buy Form

Exhibit 1J

- Schedules J and J-2 Buy Form

Exhibit 1K

- Statement of Financial Affairs Buy Form

Exhibit 1L

- Attorney Compensation Disclosure Buy Form

Exhibit 1M

- Statement of Intention Buy Form

Exhibit 1N

- Summary of Assets and Liabilities Buy Form

Exhibit 1O

- Declaration About Schedules Buy Form

Chapter 2 expand

After Filing the Bankruptcy Case

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Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 3 expand

Means Test and Discharge

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Marques C. Lipton, Esq., Lipton Law Group LLC

Exhibit 3A

- Table Showing Exceptions to Discharge in Individual Cases Buy Form

Chapter 4 expand

Exemptions

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Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 5 expand

Chapter 13 Plans

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Carolyn A. Bankowski, Esq., Office of the Chapter 13 Trustee
Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Exhibit 5A

- Official Local Form 3 Buy Form

Exhibit 5B

- Official Local Forms 3A and 3B Buy Form

Exhibit 5C

- Official Local Form 4 Buy Form

Editor(s)

Author(s)