since we filed before stimulus was approved is there a way to protect the money from being taken. My husband is going back and forth from working and being laid off as he's a union construction worker. he just got laid off again today. our trustee meeting is Tuesday. this money would help keep... Read more »
answered on Mar 20, 2021
If there is any question about the stimulus payment belonging to you, consider amending your schedule C to claim it as exempt property under the wildcard exemption.
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?
answered on Mar 17, 2019
Unless you as the landlord secured a writ of possession from the state court prior to the filing of the tenant's bankruptcy petition, you will be required to file a motion for an order for relief from the automatic stay from the bankruptcy court. From the date of the filing of the motion, it... Read more »
Isn't your disposable monthly income calculated using your gross income which essentially includes the "yearly tax refund" amount? If we are using our disposable income to fund the plan at 100% payback, how is it legal for the trustee to take more to get it faster? Legally don't... Read more »
answered on Jan 26, 2018
Chapter 13 plans are funded by "disposable income" of the chapter 13 bankruptcy estate, which is based on "household income". Included in most NH chapter 13 plans is a provision that requires chapter 13 debtors to pay over to the trustee all income tax... Read more »
answered on Oct 20, 2017
Your question cannot be answered by simply stating a number. The rule on attorney compensation in chapter 13 cases in NH is:
AO 2016-1 Fee and Expense Guidelines
(a) Fees in Chapter 13 Cases.
(1) Unless the court orders otherwise, debtor’s counsel does... Read more »
answered on Mar 31, 2017
The short answer is no, with reservations. If the business is in fact a separate legal entity, filing for bankruptcy protection on behalf of that entity will affect you IF you have signed personal guarantees; if you are employed by or your living is sustained by the business.... Read more »
I am wondering if I should just sit on the debt or file for bankruptcy? I only own a 12 year old car that's worth not even $2000. There's no property that I own. I make an average of $160 a week working part time and I get a social security check which is a little over $800 a month. I am... Read more »
answered on Mar 23, 2017
Under your circumstances, filing for a bankruptcy discharge is a matter of your tolerance to the behavior of collectors. I expect debt collectors are calling you. Since you have no means to pay those debts, you should put in writing to each agency that you refuse to pay the... Read more »
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