Lawyers, Answer Questions  & Get Points Log In
Questions Answered by William Michael Bryk
3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William Michael Bryk
William Michael Bryk
answered on Mar 19, 2023

I assume that you owe the money. Consider your assets, i.e., what you own, such as a house and any other real property, automobiles, stocks and bonds, and any other debts you may have - other credit card debt, personal loans, mortgages, and income tax arrears immediately come to mind. Also... View More

View More Answers

3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William Michael Bryk
William Michael Bryk
answered on Mar 18, 2023

First, check with the Register of Deeds in your county to see whether a lien has been filed against your home. A great deal turns on whether you have a mortgage, as the mortgagee has a lien superior to anything the credit card company may have. If so, check the balance due on the mortgage against... View More

View More Answers

2 Answers | Asked in Bankruptcy and Landlord - Tenant for New Hampshire on
Q: How do I file for a Motion for a Relief from Stay in NH? Tenant filed for Chapter 7 before signing his lease.

We are trying to evict a tenant for non-payment of rent, but understand we cannot file for a Writ until we file a Motion for Relief from Stay even though he filed for bankruptcy before signing our lease. Is this correct, and where/how can we file for this motion?

William Michael Bryk
William Michael Bryk
answered on Mar 17, 2019

First, are you sure he filed for bankruptcy BEFORE signing the lease? If so, the lease is a post-petition event and, unless the law has changed that much in 30 years, I don't believe you need to file a lift-stay motion to evict him. Second, let's play it safe. Assuming you are in NH, a... View More

View More Answers

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: How long does a bankruptcy automatic stay last?
William Michael Bryk
William Michael Bryk
answered on Apr 6, 2018

For the duration of the case, unless the creditor brings a motion for relief from the automatic stay. Such a motion must be brought upon notice, providing the debtor with the opportunity to respond.

View More Answers

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: What happens if I am being sued and file for bankruptcy?

I have a payment hearing coming up.I return to work in a week. Won't have the rest of the money for a couple weeks after that for attorney to file.

William Michael Bryk
William Michael Bryk
answered on Jan 8, 2018

A bankruptcy filing acts as an automatic stay against all collection activity. The creditors may not directly contact the debtor once the petition is filed. No letters, no telephone calls, nothing. Of course, the creditors may contact the debtor's attorney. This rarely happened in the... View More

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What would justify payment of more than the no look fee of $4,500 for a chapter 13 bankruptcy?
William Michael Bryk
William Michael Bryk
answered on Oct 23, 2017

A chapter 13 case requires a great deal of work up front and, in most cases, the lawyer's constant attention to ensure the debtor complies with the requirements of the statutes. It is more likely than not that a $4500 fee will be earned well before the debtor begins paying his/her debts... View More

View More Answers

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Is it legal in NH for my boss fire me for filing bankruptcy?
William Michael Bryk
William Michael Bryk
answered on Oct 4, 2017

Not to my knowledge. Unless you owe your boss money, there is no particular reason for him/her/it to know about your filing of a petition.

3 Answers | Asked in Bankruptcy for New Hampshire on
Q: If I file for bankruptcy, what happens to my student loan debt?
William Michael Bryk
William Michael Bryk
answered on Aug 2, 2017

Absolutely nothing, unless your lawyer can show that repaying the debt would expose you and your family to undue hardship. This law was changed during Bill Clinton's presidency. Before then, if one had owed the student loan debt for seven years, one could seek its discharge. I used to do... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.