Attorney Josh Burnett will be sitting for the Consumer Bankruptcy Exam later this year or in Q1 of 2027.  ABC certification ensures that attorneys have advanced knowledge and expertise with complex business bankruptcy proceedings, restructuring strategies, creditor negotiations, asset liquidation and other related legal matters.  Amann is expected to become officially certified soon. 

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As of the Petition Date, the Debtors owned and operated the largest private physician-owned for-profit healthcare network in the United States. Headquartered in Dallas, Texas, the Debtors’ operations on the Petition Date included 31 hospitals across eight states, approximately 400 facility locations, 4,500 primary and specialty care physicians, 3,600 staffed beds, and a company-wide workforce of nearly 30,000 employees that provide care to more than two million patients annually.

Amann Burnett has successfully defended a so-called Preference Target Letter by explaining that its client has valid defenses (ordinary course, contemporaneous exchange for new value, subsequent value) defenses.  The Trustee has “gone away”, hopefully for good as the applicable statute of limitations is fast approaching.  A “preference” is defined by Section 547 of Title 11 of the United States Code (the “Bankruptcy Code”).

The case includes the following list of debtors:

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Click on the link above to read the Memorandum Decision.  Amann Burnett, PLLC specializes in Bankruptcy Litigation and Chapter 11 matters for creditors and debtors.

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As we enter the month of November, we invite you to remember your philanthropic duties and donate to non-profit organizations such as The Berkeley.

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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. With many of the thousands of these zombie mortgages, borrowers have not received statements or any correspondence for years during which time interest has continued to accrue. A second mortgage that may have been $25,000 in 2009 might have a balance two or three times that amount some 15 years later in 2024, and where residential properties may have had little to no equity in the 2000s or early 2010s, those same properties have increased significantly in value – the perfect scenario for a second mortgage holder to foreclose.

If this sounds unfair or even illegal, it might be.

The Massachusetts Attorney General recently announced an unprecedented settlement with a mortgage servicer that was attempting to collect loans secured by zombie mortgages. The Attorney General alleged that the servicer, Franklin Credit Management Corporation, had failed to comply with numerous state and federal mortgage and debt collection regulations, all in violation of the Massachusetts Consumer Protection Act (G.L. c. 93A). According to the filings, Franklin Credit is prohibited from collecting anything from the 518 accounts that it was servicing (totaling roughly $10,000,000) and is further prohibited from transferring or selling the loans. In short, the loans are uncollectable and the mortgages will be discharged.

This is promising news for others who may be experiencing something similar. Although this is still very much a developing area, there may be options available to attempt to address a zombie mortgage or a threatened foreclosure. If you are one of the thousands of borrowers who have been affected, contact us to discuss those options.

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Automatic Homestead: All homeowners receive an automatic homestead exemption of $125,000 even if they have not recorded a declaration of homestead.

Declared Homestead: All homeowners who have recorded a declaration of homestead now receive an exemption of $1,000,000.

Elderly or Disabled: All homeowners who are over the age of 62 or who are disabled receive an exemption of $1,000,000. This exemption is doubled for a married couple who are co-owners ($1,000,000 each).

The Homestead Act is complicated. There are limited protections for dependents who live in the home. There are special protections for divorcing homeowners. There are limitations to the exemption for certain types of debts. It also has specific application and some possible limitations when asserted in connection with a bankruptcy case. It’s important to consult an attorney to understand the extent of the protection available to you before you record a declaration of homestead.

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The United States Court of Appeals for the First Circuit previously reviewed the case and certified a question to the Massachusetts Supreme Judicial Court (SJC) regarding whether the three-prong test for independent contractor status applies to franchise relationships. The SJC concluded that the test does apply but requires a case-specific examination of whether the individual performs any service for the alleged employer. The First Circuit then certified a second question to the SJC, asking whether the plaintiffs perform any service for 7-Eleven under the Massachusetts independent contractor statute, given their contractual obligations and the franchise fee structure.

The Massachusetts Supreme Judicial Court held that the plaintiffs do not perform any service for 7-Eleven within the meaning of the independent contractor statute. The court reasoned that the franchisees operate their stores independently and chose to use the 7-Eleven brand for its market benefits. The court emphasized that the franchisees’ compliance with 7-Eleven’s standards is necessary to maintain the brand’s integrity and does not indicate an employment relationship. Therefore, the court answered the certified question in the negative, concluding that the plaintiffs are not employees of 7-Eleven under the Massachusetts independent contractor statute.

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