answered on Mar 19, 2023
They will execute on all bank accounts in your name so you should empty them fast.
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 »
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?
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... Read 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... Read more »
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... Read 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?
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,... Read 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... Read 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... Read 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... Read 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... Read 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)
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... Read 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?
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... Read 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.
answered on Nov 9, 2018
Depending on the equity in the property, you can protect it or walk away from it without obligation.
answered on Sep 7, 2018
Not unless the child is incompetent and you have guardianship or power of attorney.
answered on Jul 5, 2018
Not necessarily. They could be reorganizing and keeping the bulk of the employees.
answered on May 4, 2018
Sure. Send them a letter putting them on notice of when and where to get the truck. If they haven’t responded in a year and a half, they’re not going to. Give them 30 days and keep a copy of your letter as proof. After they don’t respond, do with it as you will.
Its been a year and a half.
answered on May 3, 2018
2 options. 1). Take it to their office, Park it in the parking lot and drop the keys in the night box. 2). Continue driving it until they repo it, it dies, is wrecked, etc. The debt has been discharged so the only recourse they have is to repossess it.
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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