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Questions Answered by William Michael Bryk
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 lift-stay... Read more »

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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.

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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 cases I... Read 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 through... Read more »

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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 that... Read more »

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