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Questions Answered by Robert O'Brien
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?

Robert O'Brien
Robert O'Brien 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 will... Read more »

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1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Q: Why would a chapter 13 trustee take excess tax refunds if the payment plan is 100% funded payback?

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 I get five years to... Read more »

Robert O'Brien
Robert O'Brien answered on Jan 26, 2018

Greetings!

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 refunds that exceed...
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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What is the maximum amount an attorney can legally charge a client for a chapter 13 bankruptcy in the state of NH?

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Robert O'Brien
Robert O'Brien answered on Oct 20, 2017

Greetings!

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...
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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: If my business files for bankruptcy, does that affect any of my non-business/personal assets?
Robert O'Brien
Robert O'Brien answered on Mar 31, 2017

Greetings!

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....
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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: I can no longer pay my debt. I owe roughly $7000 between 4 credit cards. I don't own any assets. Should I file Chapter 7

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 not sure... Read more »

Robert O'Brien
Robert O'Brien answered on Mar 23, 2017

Greetings!

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...
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