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New Hampshire Bankruptcy Questions & Answers

2 Answers | Asked in Bankruptcy and Landlord - Tenant for New Hampshire on

Q: How do I file for a Motion for a Relief from Stay in NH? Tenant filed for Chapter 7 before signing his lease.

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?

Robert O'Brien 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 will... Read more »

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1 Answer | Asked in Bankruptcy for New Hampshire on

Q: I owe NH unemployment for over paying me If I file bankruptcy can that be added in?

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

Timothy Denison answered on Jan 27, 2019

Likely not dischargeable but you can discharge the credit card debt.

1 Answer | Asked in Bankruptcy for New Hampshire on

Q: If I am divorced, but still own property jointly with my ex, what happens to it if I file for bankruptcy?

Timothy Denison answered on Nov 9, 2018

Depending on the equity in the property, you can protect it or walk away from it without obligation.

1 Answer | Asked in Bankruptcy for New Hampshire on

Q: Can I file for bankruptcy on behalf of my irresponsible adult children?

Timothy Denison answered on Sep 7, 2018

Not unless the child is incompetent and you have guardianship or power of attorney.

1 Answer | Asked in Bankruptcy for New Hampshire on

Q: If the company I work for has filed for bankruptcy, does that mean it's likely to fire all its employees?

Timothy Denison answered on Jul 5, 2018

Not necessarily. They could be reorganizing and keeping the bulk of the employees.

1 Answer | Asked in Bankruptcy for New Hampshire on

Q: If they wont release my title or repossess the truck, can I sell it as a parts truck with no title or part it out?

Timothy Denison 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.

1 Answer | Asked in Bankruptcy for New Hampshire on

Q: Finance company refuses to take the truck I let go in the bankruptcy. They wont release my title. What can I do with it?

Its been a year and a half.

Timothy Denison 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.

2 Answers | Asked in Bankruptcy for New Hampshire on

Q: How long does a bankruptcy automatic stay last?

William Michael Bryk 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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1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on

Q: Why would a chapter 13 trustee take excess tax refunds if the payment plan is 100% funded payback?

Isn't your disposable monthly income calculated using your gross income which essentially includes the "yearly tax refund" amount? If we are using our disposable income to fund the plan at 100% payback, how is it legal for the trustee to take more to get it faster? Legally don't I get five years to... Read more »

Robert O'Brien answered on Jan 26, 2018

Greetings!

Chapter 13 plans are funded by "disposable income" of the chapter 13 bankruptcy estate, which is based on "household income". Included in most NH chapter 13 plans is a provision that requires chapter 13 debtors to pay over to the trustee all income tax refunds that exceed...
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1 Answer | Asked in Bankruptcy for New Hampshire on

Q: What happens if I am being sued and file for bankruptcy?

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.

William Michael Bryk 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 cases I... Read more »

1 Answer | Asked in Bankruptcy for New Hampshire on

Q: If you file bankruptcy can you later take out student loans?

David Earl Phillips answered on Jan 2, 2018

The Rules of Bankruptcy do not allow discrimination by a student loan provider based upon someone having filed a bankruptcy case in the past. See 11 U.S.C. Section 525 of the Bankruptcy Code. Talk with a Bankruptcy Attorney near you and they can usually review your situation and advise as to... Read more »

2 Answers | Asked in Bankruptcy for New Hampshire on

Q: What would justify payment of more than the no look fee of $4,500 for a chapter 13 bankruptcy?

Stuart Nachbar answered on Oct 23, 2017

Motion to vacate stay, reaffirmations, certifications of default, additional confirmation hearings, adversary complaint, fighting proofs of claim to name a few

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2 Answers | Asked in Bankruptcy for New Hampshire on

Q: What is the maximum amount an attorney can legally charge a client for a chapter 13 bankruptcy in the state of NH?

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Leonard G Deming answered on Oct 20, 2017

Attorneys fees in Chapter 13 are subject to local court rules. Attorneys may charge anything in accordance with the contract with the debtor/client but if the fee exceeds the "no look" amount of a maximum of $4,500, then the attorney must file an application with the court to have the fee approved.... Read more »

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1 Answer | Asked in Bankruptcy for New Hampshire on

Q: Is it legal in NH for my boss fire me for filing bankruptcy?

William Michael Bryk 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.

3 Answers | Asked in Bankruptcy for New Hampshire on

Q: If I file for bankruptcy, what happens to my student loan debt?

Stuart Nachbar answered on Aug 2, 2017

IF your student loans are federal student loans, then they are not discharged. They will go into a deferment status for while in Bankruptcy. I warn you, if you do this, continue to make your student loan payments, even if deferment occurs, because if you do not, late fees, and interest continue... Read more »

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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 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 Bankruptcy for New Hampshire on

Q: I owe the state of Florida Department of children and family an overpayment. Will filing Bankruptcy wipe out the debt?

I'm a disabled widow and live in Raymond, NH. Back in 1993 i received foodstamps and medicaid for my 4 minor children in Fla., 2yrs ago they took 200.00 out of my check. I set up a pymt. plan immediately for 10.00 monthly. I missed a couple pymts. lately and they took another 200.00 out this month... Read more »

Leonard G Deming answered on May 2, 2017

I believe it is likely that this debt can be discharged by filing a bankruptcy petition unless the creditor can show fraud or misrepresentation under Section 523 of the Bankruptcy Code. Certain government benefits over payment, such as workers compensation or unemployment benefits, can be... Read more »

1 Answer | Asked in Bankruptcy for New Hampshire on

Q: If my business files for bankruptcy, does that affect any of my non-business/personal assets?

Robert O'Brien answered on Mar 31, 2017

Greetings!

The short answer is no, with reservations. If the business is in fact a separate legal entity, filing for bankruptcy protection on behalf of that entity will affect you IF you have signed personal guarantees; if you are employed by or your living is sustained by the business....
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1 Answer | Asked in Bankruptcy for New Hampshire on

Q: I can no longer pay my debt. I owe roughly $7000 between 4 credit cards. I don't own any assets. Should I file Chapter 7

I am wondering if I should just sit on the debt or file for bankruptcy? I only own a 12 year old car that's worth not even $2000. There's no property that I own. I make an average of $160 a week working part time and I get a social security check which is a little over $800 a month. I am not sure... Read more »

Robert O'Brien answered on Mar 23, 2017

Greetings!

Under your circumstances, filing for a bankruptcy discharge is a matter of your tolerance to the behavior of collectors. I expect debt collectors are calling you. Since you have no means to pay those debts, you should put in writing to each agency that you refuse to pay the...
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1 Answer | Asked in Bankruptcy for New Hampshire on

Q: i am holding a second mortgage for a divorce settlement what happens if they file bankrupt to me and bank is first NH ST

i am in process of signing the final stip agreement this week someone told me i wouldnt get anything if they file bankrupt in the future is that true,?

Robert Gambrell answered on May 23, 2015

Your question is not clear, but I think you are saying that a husband and wife have a 1st mortgage on their home and you hold the 2nd mortgage on that home. Now that same couple has filed for divorce, and you are worrying about collecting if they file for divorce. The other possibility in your... Read more »

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