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... Read more »
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... Read more »
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
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... Read more »
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.
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.
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... Read more »
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... Read more »
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.
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... Read more »
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