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Questions Answered by Theresa Spearing
2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Can my car's title holder still repossess my vehicle if I've filed for bankruptcy?
Theresa Spearing
Theresa Spearing answered on Jun 5, 2017

If you file a Chapter 7 that will slow the process of repossession down because there is an automatic stay imposed which prevents creditors from collecting and in your case repossessing the vehicle temporarily. However, the lender will likely file a Motion to Lift the Automatic Stay and unless... Read more »

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1 Answer | Asked in Family Law and Estate Planning for New Hampshire on
Q: A self approved will written in the year 2012 New Hampshire does it need to be notarized to be legal or just signed by 2

2 or more persons

Theresa Spearing
Theresa Spearing answered on May 31, 2017

Yes, in order for a Self-Proved Will to be valid in New Hampshire it must be notarized.

RSA 551:2-a Self-Proved Wills outlines the requirements:

I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a...
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2 Answers | Asked in Divorce for Massachusetts on
Q: Court order says my ex has 120 days to remove his things from my property. It's been 150 days, can I keep them or toss?
Theresa Spearing
Theresa Spearing answered on May 22, 2017

If your Order specifically states that you can keep the items for yourself or toss them away if he does not remove them within 120 days, it would not do either. Your ex is in violation of the Order and you must file a Contempt against him to get him to remove his things. I understand it is... Read more »

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1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Are student loans borrowed from a private lender (not the federal government) subject to the same exemptions from

bankruptcy discharge as regular student loans?

Theresa Spearing
Theresa Spearing answered on May 3, 2017

Private student loans may be dischargeable if certain criteria are met. The debtor must file an adversary proceeding against their creditor and meet the standards in what is called the Brunner Test. In Brunner v. NewYork State Higher Education Services Corp No. 41, Docket 87-5013 outlines the... Read more »

1 Answer | Asked in Estate Planning for Massachusetts on
Q: My Uncle passed away with no will

He had no children but I was very close to him. He was my godfather. I am pretty sure I was a beneficiary in some of his life insurance. Do you know how I should move forward with this? I don't have much of his personal information like SSN so I don't really know what to do. He doesn't have an... Read more »

Theresa Spearing
Theresa Spearing answered on Apr 18, 2017

If you are the beneficiary of his life insurance, the life insurance provider will contact you for that payout. If he does not have an executor over his estate or a Will you can file a Petition for Estate Administration to become the Administrator of his estate. When someone dies without a Will the... Read more »

1 Answer | Asked in Bankruptcy for Massachusetts on
Q: Is there a minimum amount of debt I need to have accrued to be able to file for bankruptcy?
Theresa Spearing
Theresa Spearing answered on Apr 12, 2017

No there is no minimum amount of debt required in order to file for bankruptcy; however before you consider filing for bankruptcy it is important to determine whether you can pay the owed debt without the need to file. If you cannot pay off your debt within a reasonable amount of time and without... Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: A Temporary Divorce Decree was Issued, Can I cancel Joint Credit Cards?

I was issued a Temporary Divorce Decree which makes my soon-to-be ex-spouse and I responsible for our own finance and credit cards. However, the ex-spouse is spending on Joint Credit Cards, can they be canceled?

Theresa Spearing
Theresa Spearing answered on Apr 5, 2017

Credit card companies are not bound by the terms of your temporary order assigning debt to your soon-to-be-ex-spouse. Since you are ordered responsible for your own finance and credit cards you should obtain a detailed record of what your soon-to-be-ex-spouse is charging and file a motion with the... Read more »

2 Answers | Asked in Family Law for Massachusetts on
Q: The mother of my minor children is planning to move out of state with my children without my consent.Do I have rights

I pay court ordered child support.

Theresa Spearing
Theresa Spearing answered on Apr 4, 2017

Yes you have rights. If you have a Parenting Agreement it should specify the parameters of moving children out of the Commonwealth. If you have only a Child Support Order without a Parenting Order, it is in your best interest to file a Parenting Petition with the court in order to preserve your... Read more »

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