Zombie Mortgages
Although the recession of the late 2000s is long over, the effects continue to be a problem for some homeowners… Read More »
Category: Litigation
Josh Burnett was on the News (again).
Earlier this year, Josh Burnett appeared on NBC 10 Boston to provide commentary about a contentious bankruptcy case filed by… Read More »
Is your case strong enough to win?
While litigation is inherently unpredictable and often uncertain, before you file a lawsuit, make sure you have competent, experienced counsel. … Read More »
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… Read More »
US District Court affirms Boston Bankruptcy Court’s Judgment in favor of Amann Burnett’s Clients
In a relatively brief, nineteen (19) pages, Judge Mastroianni, U.S.D.J. , Massachusetts, affirmed Judge Bailey’s decision in Watkinson vs. Distressed… Read More »
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… Read More »
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 »
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 »
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 »
Massachusetts Supreme Judicial Court: No Two Bites at the Apple after Single Justice Decision on Use & Occupancy
Massachusetts SJC-13452 CUMMINS REALTY TRUST vs. FRANK O’NEILL. October 13, 2023. Summary Process, Appeal Practice, Civil, Summary process. Supreme Judicial… Read More »