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Original plan in May 0f 2023 was to pay $71,000 total. Six months later the court increased it to $188,000. I did not incur any new debt during that time to warrant such an increase.
My original plan was for 24 monthly payments of $500, since that's all I can afford. The payments... View More 
answered on Apr 12, 2024
It is likely that the amounts claimed by creditors in your case exceeded (substantially) what you estimated in your bankruptcy petition and accompanying schedules or that creditors who were not listed filed claims. With interest or penalties, claims can end up larger than you thought. Certain... View More
Should I withdraw now, or wait to see if it’s dismissed by the judge?
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answered on Jan 3, 2024
The significant increase in your Chapter 13 payment plan from $500 to $3500 is a substantial change and warrants careful consideration of your options. First, it's important to understand why the payment was increased. This could be due to changes in your income, expenses, or adjustments to... View More
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answered on Jan 3, 2024
To locate all liens on your property in New Hampshire, there are a few steps you can take beyond checking the NH Registry of Deeds. While the Registry is a primary source for this information, it's possible that not all liens are recorded there, or they may not be easy to find due to indexing... View More
For the past six years the VA overpaid me for compensation and pension benefits. All that time I thought the benefit was a lifetime benefit. My stupidity is no excuse, but the VA paid me the benefits every month. At the time VA homeless shelter personnel collaborated with me to get the compensation... View More
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answered on Oct 17, 2023
Your Justia inquiry came in as a "Bankruptcy" question, so I assume you think that is the way to go. It might be. First, you may be judgment proof and filing might be unnecessary. Second, the VA might have a process in place to deal with this. If it's Bankruptcy, I'm... View More
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answered on May 7, 2023
You are only harming yourself by not being honest with your lawyer about this. Talk with your lawyer about it. This happens quite often. Perhaps there are expenses you aren't disclosing or are under-reporting. Maybe there are exemptions you haven't fully claimed. Maybe your Plan... View More
Can I keep the remainder of my home equity?
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answered on May 7, 2023
Yes, you should be able to do that once your Ch. 13 Plan is confirmed. The First Circuit has adopted the “complete snapshot rule” whereby the petition date sets the date for establishing exemptions. So, for instance, if a Chapter 13 debtor were to schedule his home at $300,000.00 with a... View More
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
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answered on Apr 17, 2023
Before you file Bankruptcy under any chapter, consult competent counsel.
Property of the estate is defined by 11 USC § 541. It includes:
Any interest in property that would have been property of the estate if such interest
had been an interest of the debtor on the date... View More
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... View 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... View More
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?
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answered on Mar 15, 2023
A writ of execution is a formal document issued by a court that authorizes a sheriff to levy upon the property of a judgment debtor. RSA 527:12 (1997) (amended 2000); 5 R. Wiebusch, New Hampshire Practice, Civil Practice and Procedure § 60.02, at 474 (1998).
My firm's primary... View More
answered on Sep 11, 2022
That depends largely on the value of the equity value remaining after the Mortgage debt(s) or liens (including taxes) that are against it. The federal exemptions allow you an exemption in that equity value of approx. $25,000. The value of the total is also usually reduced by about ten percent of... View More
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answered on Aug 26, 2022
Here's some basic information on student loans and Bankruptcy. My firm, Amann Burnett, PLLC, handles creditor and debtor side representation concerning student loans.
11 U.S.C. § 523(a)(8) excepts from discharge a student loan if requiring repayment "would impose an undue... View More
If I file bankruptcy, are there restrictions on how I can spend the $120,000 exemption?
Also, I have 2 liens on the property. How do those factor in to the homestead exemption?
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answered on Nov 5, 2021
The NH Homestead statute shields your residence from creditors liquidating the home without paying you $120,000. This really just shields you and creditors don't move to liquidate. The liens would need to be examined to determine timing and type of lien. I'd be glad to discuss further,... View More
answered on Apr 13, 2021
The exceptions to discharge are listed in Section 523 of the Bankruptcy Code.
Subsection 523(a) excepts debts incurred for-
"6) for willful and malicious injury by the debtor to another entity or to the property of another entity";
"(9) for death or personal... View More
since we filed before stimulus was approved is there a way to protect the money from being taken. My husband is going back and forth from working and being laid off as he's a union construction worker. he just got laid off again today. our trustee meeting is Tuesday. this money would help keep... View More
answered on Mar 19, 2021
When you file a Ch. 7 bankruptcy case, a "curtain" drops on that date, and your bankruptcy "estate" includes whatever property (less your exempt property) you have on that date, and same end date applies to your debts. Income earned and assets acquired after your filing date... 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
I may file bankruptcy. Is the real property in the trust considered my asset? Can it be taken away from me? (I am co-trustee and beneficiary)
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answered on May 2, 2020
The answer could go either way depending on the terms of the trust. Have an attorney who understands trusts and asset protection review this trust.
Bankruptcy discharged personal liability over 7 years ago. Ucc1 lien was in place at the time unbeknown to me and not addressed during bankruptcy and im just finding out about it as i am selling my home. third party bank filed continuance of lien attachment to property (fixture filing) in April of... View More
answered on Nov 9, 2019
Yes. You will need to reopen bankruptcy and avoid the lien to be free of it.
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?
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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... View More
I owe 8000 but interest has made it about16000 along with credit cards and medical bills I don’t know if I am able to file for all that or not
answered on Jan 27, 2019
Likely not dischargeable but you can discharge the credit card debt.
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