, Derry, New Hampshire


January 31, 2013

Landlords must ensure heat is available


Attention disorders provide no legal defense for incorrect bankruptcy paperwork, which is filed in federal court. Don’t write to me telling me this answer is insensitive, there’s an actual case on this.

In the case, the person filed a bankruptcy petition, failing to disclose various bank accounts including one opened in their father’s name not long before the bankruptcy filing. Brought to the debtor’s attention, the argument was that the omissions directly resulted from the medical condition of ADHD and were not an intentional concealment of assets.

The court acknowledged that the person may suffer from ADHD, but held that it was not convinced that the condition prevented his ability to understand when signing the petition under penalties of perjury.

In re: McCarthy, decided Aug. 27, 2012, in the U.S. Bankruptcy Court for the District of Massachusetts, denied the debtor a discharge, leaving the filer with a debt of more than half a million dollars that would have been discharged had the case been filed correctly.


Andrew Myers of Derry has law offices in Derry and North Andover. He is a member of the American Association for Justice and the New Hampshire Trial Lawyers Association. Send questions to

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