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Questions Answered by William J. Amann
1 Answer | Asked in Employment Law and Business Law for Massachusetts on
Q: As the owner of a business in chapter 11, can I still be sued personally for a wage claim if it wasn't preserved?

My Florida based company had to file chapter 11, and the disputed wage claim was listed in the bankruptcy. The wage claim was never preserved by this person. However,I am still being sued in Massachusetts( where she lives,) personally for a wage claim that she never preserved. Isn't she... View More

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answered on Jun 19, 2023

I'm unsure what you mean by a wage claim "that she never preserved." This sounds like a case we may handled. Please contact me if it's related to Arete.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: Prev. filed Ch 13 then converted to 7. Which date would be used to determine when I could file Chapter 7 if needed?

I filed Chapter 13, then converted to Chapter 7 some years ago. Which date would be used to determine whether I could file Chapter 7; the original filing of Chapter 13, or the conversion to Chapter 7? I have asked a bankruptcy attorney, and they felt that it would be the date of the original... View More

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answered on Jun 19, 2023

11 USC 348 (a). The bankruptcy lawyer with whom you consulted previously is correct.

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1 Answer | Asked in Consumer Law and Contracts for New Hampshire on
Q: I have to go to mediation at a pre trial hearing for credit card debt and help I don’t even know what to say
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answered on Jun 15, 2023

Without knowing more, it's impossible to render any competent advice. However, sometimes knowing what to expect helps. You should know and be ready to discuss any legal defenses you think you have. If you haven't denied or disputed the debt, you should think about what assets you have... View More

1 Answer | Asked in Car Accidents, Consumer Law, Civil Litigation and Identity Theft for Massachusetts on
Q: Massachusetts Boston my wife has a permit and keeps registering and insuraning cars in my name without my consent

Has stolen my identity and opened credit card and I filed a identity theft claim

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answered on May 27, 2023

It sounds like what she's doing is illegal but that's merely speculative based upon your brief statement. I recommend you contact the Division of Motor Vehicles.

1 Answer | Asked in Consumer Law, Business Law and Small Claims for Massachusetts on
Q: Backed out of shady truck deal 30 days later dealer still hasn’t cancelled loan first payment is over due

I recently started the process of financing a vehicle through a dealer 20 days went by and a new lie every day still no vehicle so I cancelled deal by phone . Its now over 30 day and just finding out loan is still active and first payment is overdue , the dealer is only one who can cancel deal and... View More

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answered on May 5, 2023

Put your protest in writing.

1 Answer | Asked in Contracts for New Hampshire on
Q: The propane supply company which services my rental home wants to charge me a fee for not consuming enough fuel per year

The fee is part of the fuel tank rental agreement. However, I am not the property owner. I did not enter into an agreement regarding the tank/fee. Can I be legally billed this fee?

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answered on Apr 28, 2023

Since you apparently did not agree to these terms, it's very doubtful that you are directly liable for it. But be careful, the owner, presumably your landlord, may be liable and he/she may be able to pass the costs onto you through the Lease.

1 Answer | Asked in Business Law for New Hampshire on
Q: If i live in NH with a dba with a dba in different state but I do business in NH under dba in NH do i register in NH?
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answered on Mar 9, 2023

It sounds like you're doing business in a state, other than NH as well as NH. You can do that but I suggest you hire an attorney to review the full picture so a suitable recommendation can be made.

1 Answer | Asked in Business Law and Construction Law for New Hampshire on
Q: Is there a time limitation for sending an invoice to a customer that I did Plumbing work for?

I own an LLC Plumbing business here in New Hampshire. I sent an invoice a month or so after I completed the work. My customer is giving me a hard time about it, so I would like to know the law for how long I have to send an invoice, as well as the time frame that my customer has to pay the invoice.... View More

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answered on Mar 1, 2023

Ordinarily this issue would be covered in a written contract but if you don't have one, billing 30 days or so after the job does not appear unreasonable at all. I'm unsure if there are any special circumstances such as a closing date, etc. Feel free to contact me if you have any... View More

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Collections for New Hampshire on
Q: What are the legal options to sue an individual for non-repayment of a personal loan in excess of $20,000.00
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answered on Jan 7, 2023

A suit can be brought in state district or superior court given the $20,000 amount. There could be other factors, such as whether a federal question is involved but I doubt it given your description.

1 Answer | Asked in Employment Law, Civil Litigation and Civil Rights for Massachusetts on
Q: My Attorney has reached an agreement to settle my lawsuit, but with conditions I didn’t agree to.

It’s a discrimination lawsuit

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answered on Dec 11, 2022

Inform your attorney of this in writing and speak with your lawyer about what sounds like a serious misunderstanding.

1 Answer | Asked in Civil Litigation and Education Law for New Hampshire on
Q: Is there any violation of HIPAA or ferpa law if a 504 plan on child is announced to all students?

A teacher announced that my daughter is on a 504 care plan in her classroom and also said that “she is falling behind and that she needs to speak to her 504 plan case manager because she is recommended to go to Saturday school to catch up” verbatim. Is this against any HIPAA or ferpa or any... View More

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answered on Nov 29, 2022

It certainly sounds like it, particularly if that was "announced".

1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Litigation for Massachusetts on
Q: How many days does the Law state that a Plaintiff can put their Response to Defendant's Counterclaims in?

Since the Plaintiffs' were over the 20 days from service what is the Motion called that can be put in? How does this Motion work within the Courts and/or Judge?

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answered on Oct 24, 2022

20 days from service, see Massachusetts Superior Court Rules 12 and 13.

2 Answers | Asked in Bankruptcy for Massachusetts on
Q: I've filed bankruptcy and have a car that I voluntary gave back.They can't pick car up until courts finalize

I'm moving and car is in a off street parking spot.I can't take car with me due to a blown motor,and being unregistered.What do I do?

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answered on Oct 7, 2022

Attorney Winterstein is right. Im assuming you received a discharge of this debt. Alert the lender in writing as to the whereabouts of the vehicle and do send the keys to the lender and document everything you do.

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1 Answer | Asked in Business Law and Employment Law for Massachusetts on
Q: What does the law say about an employee who lied on their application form or submitted fake qualification records?

Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.

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answered on Oct 4, 2022

Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... View More

1 Answer | Asked in Business Law for Massachusetts on
Q: I am a snack food wholesaler. I have been doing business with a National snack food company for 7 years now. All of a

sudden I get a letter saying they will be discontinuing business with me as of November 1, 2022. Do I have any recourse?

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answered on Sep 30, 2022

First, I'd ask why. Second, if you have a written agreement, review it and any applicable termination provisions.

1 Answer | Asked in Business Law and Landlord - Tenant for Massachusetts on
Q: I have a qualified buyer for my business, my landlord isn’t sure if he wants to assign my lease. What are my options?

I notified my landlord of the sale of my business but he’s not sure if he wants to issue a new long term lease but I have a five year lease currently I said we can assign my lease to the new buyer but the la said he’s not sure if he wants another long term lease

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answered on Sep 15, 2022

Your written lease should include a section concerning Assignments. Usually, consent to proposed assignments is stated that such consent shall not be unreasoanably withheld. Of course that is quite subjective. Please contact me at wamann@amburlaw.com if you want to explore further. Thank you.

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What will happened to my house if I claim bankruptcy? House payment are good. High credit card debt.
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answered on Sep 11, 2022

How your real estate is affected depends upon which chapter you file. Please feel free to contact me at wamann@amburlaw.com if you'd like to learn more. Thank you.

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1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Q: Looking for information on student loan insolvency
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answered on Aug 26, 2022

Here's some basic information on student loans and Bankruptcy. My firm, Amann Burnett, PLLC, handles creditor and debtor side representation concerning student loans.

11 U.S.C. § 523(a)(8) excepts from discharge a student loan if requiring repayment "would impose an undue...
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1 Answer | Asked in Consumer Law, Contracts, Copyright and Real Estate Law for New Hampshire on
Q: We have acquired this business, how to reserve patent
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answered on Jul 13, 2022

Thanks for your question. In order to answer fully, I'd need to know, at a minimum, terms of the business purchase and what you want to patent. I'd also need to review the business purchase documents. If you're interested in hiring my firm for this, please just let me know. Thank you.

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