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New Hampshire Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Can Chapter 13 total debt due increase by over 200%?

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

Keith Edmiston
Keith Edmiston
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

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Can Chapter 13 total debt due increase by over 200%?

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

James L. Arrasmith
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answered on Apr 13, 2024

I'm sorry to hear about the difficult situation you're in with your Chapter 13 bankruptcy case. A 200%+ increase in your total plan payments from $71,000 to $188,000 over just 6 months, without you incurring any new debt, does seem highly unusual. Here are a few thoughts and suggestions:... View More

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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: My Chapter 13 payments which started 9 months ago have been raised from $500 to $3500.

Should I withdraw now, or wait to see if it’s dismissed by the judge?

James L. Arrasmith
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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

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Where can I find all liens on my property? I looked on the NH Registry of Deeds and couldn’t find it .
James L. Arrasmith
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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

2 Answers | Asked in Bankruptcy for New Hampshire on
Q: I recently acquired a debt of $82,000.00 to the veteran’s administration.

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

William J. Amann
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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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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: I recently acquired a debt of $82,000.00 to the veteran’s administration.

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

James L. Arrasmith
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answered on Nov 5, 2023

You should contact the VA as soon as possible to clarify the situation and explore your options. They may offer repayment plans that consider your current income and ability to pay. It's also possible to dispute the debt if you believe the overpayment was not due to any fault of your own or if... View More

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: Chapter 13 My lawyer proposed a repayment plan, but I know that I won’t be able to keep up with it. What should I do?
William J. Amann
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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

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: If I file chapter 13, and I’m making my monthly payments…..can I sell my home, pay off the bankruptcy plan payments,

Can I keep the remainder of my home equity?

William J. Amann
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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

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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: Question about receiving an inheritance in the middle of chapter 7 bankrupty.

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

William J. Amann
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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...
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3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William J. Amann
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answered on Mar 20, 2023

Transferring funds or assets could subject you (and recipients) to fraudulent transfer claims. If you have income or assets and even if you don't, I recommend you consult with an experienced bankruptcy lawyer. You might not need to file bankruptcy; however, a good bankruptcy attorney will be... View More

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3 Answers | Asked in Bankruptcy and Civil Litigation for New Hampshire on
Q: I received a copy of a request for execution (NHSuperiorcourt)for $93,000 from a credit card co. What happens next?
William Michael Bryk
William Michael Bryk
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

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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William J. Amann
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answered on Mar 20, 2023

What happens depends upon which chapter bankruptcy you file--most likely 7 or 13 and when you file. Certain liens and judgments can be voided under the Bankruptcy Code, e.g., 11 USC 522 (f). Section 522(f) allows a debtor “to avoid or ‘wipe out’ a valid

perfected lien or interest...
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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
William Michael Bryk
William Michael Bryk
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

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3 Answers | Asked in Bankruptcy for New Hampshire on
Q: I have a judgment, possibly a lien on my home from a credit card company. If I decide to file bankruptcy,what happens?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 18, 2023

Judgments, when final, generally become liens against the debtor's real estate located in that state.

If a bankruptcy case is filed withn ninety days of the judgment's becoming a lien on the real estate, it may be voided in bankruptcy as a preferential transfer.

If...
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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

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?

William J. Amann
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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...
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2 Answers | Asked in Bankruptcy, Consumer Law and Civil Litigation for New Hampshire on
Q: Judgements/ Writ of Execution explanation

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?

Leonard G Deming
Leonard G Deming
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

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2 Answers | Asked in Bankruptcy for New Hampshire on
Q: What will happened to my house if I claim bankruptcy? House payment are good. High credit card debt.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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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1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Q: Looking for information on student loan insolvency
William J. Amann
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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...
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1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Homestead exemption

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?

William J. Amann
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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

4 Answers | Asked in Bankruptcy, Personal Injury and Car Accidents for New Hampshire on
Q: If I lose a personal injury lawsuit from a car accident, can I file bankruptcy after the trial to wipe it out?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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...
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