Amann Burnett

Amann Burnett Law Firm

Zombie Mortgages | Amann Burnett Law
10/08/2024

Zombie Mortgages | Amann Burnett Law

The term "zombie mortgage" has recently gained notoriety as long-silent mortgage servicers have surfaced to attempt to collect old (or even ancient) second mortgages, many of which date back to the recession of the late 2000s.

Massachusetts Homestead Exemption Increased to $1 Million | Amann Burnett Law
10/07/2024

Massachusetts Homestead Exemption Increased to $1 Million | Amann Burnett Law

The Massachusetts Legislature has increased the amount of the homestead exemption from $500,000 to $1,000,000.

Are Franchisees Independent Contractors? | Amann Burnett Law
09/10/2024

Are Franchisees Independent Contractors? | Amann Burnett Law

This Massachusetts Supreme Judicial Court case involves five (5) plaintiffs who own and operate 7-Eleven convenience stores in Massachusetts. The… Read More »

Josh Burnett was on the News (again). | Amann Burnett Law
09/04/2024

Josh Burnett was on the News (again). | Amann Burnett Law

The United States Trustee, the division of the United States Department of Justice that polices the bankruptcy system, has filed a lengthy complaint asking the Bankruptcy Court to deny the debtor a discharge. Among the allegations in the complaint are undisclosed transfers of money to his wife, undi...

Undisclosed Assets Not a Basis to Reopen a Chapter 13 Case | Amann Burnett Law
09/03/2024

Undisclosed Assets Not a Basis to Reopen a Chapter 13 Case | Amann Burnett Law

In a recent decision, the Massachusetts Bankruptcy Court denied a Chapter 13 Trustee's motion to convert to Chapter 7 several long-closed Chapter 13 cases after reopening the cases for the purpose of administering assets that were not disclosed by the debtors in their original filings. The Court ans...

Be careful what you disclose... or don't disclose.
07/19/2024

Be careful what you disclose... or don't disclose.

In an unusual Massachusetts Appeals Court case involving a bankruptcy case filed by one of the litigants, the Appeals Court examined certain deficiencies in the bankruptcy case to determine whether a litigant should be "estopped" from pursuing a sexual harassment claim against her former employer be...

Avoiding a Foreclosure Sale in Chapter 13 Bankruptcy
02/06/2024

Avoiding a Foreclosure Sale in Chapter 13 Bankruptcy

The U.S. District Court for the District of Massachusetts recently issued an opinion in an appeal from the Bankruptcy Court denying a Chapter 13 debtor's attempt to avoid a foreclosure sale that occurred before the bankruptcy case was filed.

11 U.S.C. § 546(e) Securities Settlement Transfer Affirmative Defense for Financial Institutions is a Safe Harbor
12/02/2023

11 U.S.C. § 546(e) Securities Settlement Transfer Affirmative Defense for Financial Institutions is a Safe Harbor

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT 20-3257-cv (L), In re Nine West LBO Sec. Litig. August Term… Read More »

Bankruptcy 2023 Review, Cryptocurrency, Student Loan Debt, Commercial Bankruptcy, Forms and More
12/02/2023

Bankruptcy 2023 Review, Cryptocurrency, Student Loan Debt, Commercial Bankruptcy, Forms and More

Josh and I are looking forward to presenting at National Business Institute’s upcoming course, “Bankruptcy Law: 2023 Wrap-Up, Hot Topics,… Read More »

Sub V Plan with Non-debtor Release Approved over Opposition from Affected Investor Class: 11 USC § 1191 CramDown
12/02/2023

Sub V Plan with Non-debtor Release Approved over Opposition from Affected Investor Class: 11 USC § 1191 CramDown

In re Hal Luftig Co., 22-11617 (Bankr. S.D.N.Y. November 22, 2023). If the Supreme Court decides in Purdue that bankruptcy… Read More »

In Subchapter V, a Class with No Votes Isn't Counted (and a flute with no holes is not a flute)
11/17/2023

In Subchapter V, a Class with No Votes Isn't Counted (and a flute with no holes is not a flute)

Two bankruptcy judges in Houston agree: In confirming a chapter 11 plan in Subchapter V, a non-voting, impaired creditor class… Read More »

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