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Say I filed chapter 7 and I owe $35,000 in credit card debt. I have no assets at the time that I file. Then three months after filing I inherit $120,000. Does the Trustee pay off your debts and then return to you what is left over? I wouldn't lose all that money if I only owe $35,000? Is that... View More 
answered on Apr 17, 2023
I agree with the answers previously given. However, you may want to consider seeking dismissal of the Chapter with the assurance that you will pay the debts now that you have the money. It would save you the fees Attorney Winterstein mentions.
I owe a credit card Co. a lot, and they got a judgment. I recently received a court email saying that they have filed a writ of execution.
What exactly does that mean?
answered on Mar 15, 2023
I agree with Attorney Amann. The Writ of Execution is a court order granting the creditor to take possession of your property which is not exempt from the actions of creditors to collect debt. It can include filing with the Hillsborough County Registry of Deeds to lien your property, or to go after... View More
answered on Mar 1, 2022
I am not sure who "CS" is (case servicer?) but in New Hampshire a formal notice of foreclosure must be sent to the last known address of record via certified mail, return receipt requested. It will have a date and time certain as to when the sale will occur. For residential property, this... View More
If I use NH exemptions in Chapter 7, what is the homestead exemption? Is that on top of the Federal exemption or in lieu of?
answered on May 4, 2020
In most cases, debtors may choose between the state and federal exemption. In order to select the state exemptions, debtors generally must have lived in NH continuously for about 2 years. The NH homestead exemption is currently $200,000 for each person having an interest in the homestead, which... View More
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answered on Oct 20, 2017
Attorneys fees in Chapter 13 are subject to local court rules. Attorneys may charge anything in accordance with the contract with the debtor/client but if the fee exceeds the "no look" amount of a maximum of $4,500, then the attorney must file an application with the court to have the fee... View More
answered on Jun 7, 2017
Yes, if you don't pay for the car, come to an agreement on how to pay for the car, or make some other deal on the amount owed. The creditor cannot act unless 30 days has passed from the time of the creditors meeting AND the debtor has not taken any action to follow through on his/her Statement... View More
answered on May 2, 2017
New Hampshire has a "statutory power of sale" that most mortgagees utilize when foreclosing. This is non-judicial process which does not require the mortgagee to go to court for an order or judgment like most states have. However, there is a process whereby the party being foreclosed upon... View More
I'm a disabled widow and live in Raymond, NH. Back in 1993 i received foodstamps and medicaid for my 4 minor children in Fla., 2yrs ago they took 200.00 out of my check. I set up a pymt. plan immediately for 10.00 monthly. I missed a couple pymts. lately and they took another 200.00 out this... View More
answered on May 2, 2017
I believe it is likely that this debt can be discharged by filing a bankruptcy petition unless the creditor can show fraud or misrepresentation under Section 523 of the Bankruptcy Code. Certain government benefits over payment, such as workers compensation or unemployment benefits, can be... View More
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