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Questions Answered by William J. Amann
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... Read more »

William J. Amann
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William J. Amann
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?

William J. Amann
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William J. Amann
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?

William J. Amann
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William J. Amann
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.

William J. Amann
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William J. Amann
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... Read 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?

William J. Amann
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William J. Amann
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

William J. Amann
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William J. Amann
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.
William J. Amann
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William J. Amann
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
William J. Amann
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William J. Amann
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
William J. Amann
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William J. Amann
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.

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: A car dealership called someone I know and (falsely) disclosed that a check I wrote bounced. Is this legal?

Is this a violation of privacy laws? Disclosing financial information to a third party?

William J. Amann
PREMIUM
William J. Amann
answered on Jun 9, 2022

No, that's not legal, it's slander.

1 Answer | Asked in Business Law for Massachusetts on
Q: I gave a small business a deposit to build me cabinets for a kitchen.

The main guy constantly gave me delays and excuses and it just seemed to be going in circles. I didn't have any faith that they were nearing completion and I thought it was most likely a scam. I called to cancel my order and ask for my deposit back. The guy said that he has 30 days to return... Read more »

William J. Amann
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William J. Amann
answered on May 23, 2022

Unless that term is in a written contract or you orally agreed to it, his claim is doubtful. Ask him to cite the statute to which he refers.

1 Answer | Asked in Contracts for New Hampshire on
Q: Bill of sales not completed

Was sold a car, Private sale, and was lied to about the condition the car was in. I know I most likely will have nothing there to get money back on, but in the bill of sales there were items that were listed that were not given or received. The price of all items adds up to about 9k, and because of... Read more »

William J. Amann
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William J. Amann
answered on May 13, 2022

It sounds like you probably do have a case. Would need to know the terms of sale in bill of sale, if any and any oral representations. Might be worth sending the seller a demand letter.

1 Answer | Asked in Business Law, Construction Law and Contracts for New Hampshire on
Q: Customer breached contract when calling my insurance for damages; Terms and conditions clearly state - not liable

Removing and replacing roof including the framing. No roof, just tarps, some water got in. It was expected in this type of job, hence the terms and conditions. Customer filed a claim with my insurance even though the Terms and Conditions she signed directly states that I'm not liable for any... Read more »

William J. Amann
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William J. Amann
answered on May 11, 2022

It sounds as if the homeowner breached your contract by filing an insurance claim when she shouldn't have. I'd ask her to withdraw the claim. It sounds like she is also interfering with your General Contractor. Yet, since you stated things seem to be ok for the moment, that's... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for New Hampshire on
Q: I've a civil judgement vs. a person for a hit/run case in MA. The person own property in NH. Can I file a lien against

Property is owned by a corporation, where the driver of the truck is the president. The truck was registered in NH without insurance and was registered to the corporation.

William J. Amann
PREMIUM
William J. Amann
answered on Apr 28, 2022

Good morning. From what you've described, you should be able to pursue a lien against the person's real property in NH.

3 Answers | Asked in Bankruptcy and Business Formation for Massachusetts on
Q: Can the uplyft capital loan be forgiven
William J. Amann
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William J. Amann
answered on Mar 26, 2022

Yes. No matter what the name of the loan or lender is, if it is an unsecured loan and not a kind specified as non-dischargeable (under 11 USC 523), it can be discharged. If a lender "forgives" the loan it could raise tax issues (phantom income).

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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Homestead exemption

If I file bankruptcy, are there restrictions on how I can spend the $120,000 exemption?

Also, I have 2 liens on the property. How do those factor in to the homestead exemption?

William J. Amann
PREMIUM
William J. Amann
answered on Nov 5, 2021

The NH Homestead statute shields your residence from creditors liquidating the home without paying you $120,000. This really just shields you and creditors don't move to liquidate. The liens would need to be examined to determine timing and type of lien. I'd be glad to discuss further,... Read more »

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