New Hampshire Bankruptcy Questions & Answers

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

2 Answers | Asked in Bankruptcy and Landlord - Tenant for New Hampshire on
Answered on Mar 17, 2019
Robert O'Brien's answer
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 take about 30 days to get to a hearing on the motion.

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Jan 27, 2019
Timothy Denison's answer
Likely not dischargeable but you can discharge the credit card debt.

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Nov 9, 2018
Timothy Denison's answer
Depending on the equity in the property, you can protect it or walk away from it without obligation.

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Sep 7, 2018
Timothy Denison's answer
Not unless the child is incompetent and you have guardianship or power of attorney.

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Jul 5, 2018
Timothy Denison's answer
Not necessarily. They could be reorganizing and keeping the bulk of the employees.

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?

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on May 4, 2018
Timothy Denison's answer
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.

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?

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on May 3, 2018
Timothy Denison's answer
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.

Q: How long does a bankruptcy automatic stay last?

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Apr 6, 2018
William Michael Bryk's answer
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.

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

1 Answer | Asked in Bankruptcy and Tax Law for New Hampshire on
Answered on Jan 26, 2018
Robert O'Brien's answer
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 $1,200, regardless of whether it is an individual or joint case. Since 'disposable income' represents the household income after taxes and required deductions, less approved living expenses for the...

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Jan 8, 2018
William Michael Bryk's answer
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 handled for debtors over the last 28 years.

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Jan 2, 2018
David Earl Phillips' answer
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 whether Bankruptcy filing could impact your ability to get student loans. Hope it works out. Good Luck.

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

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Oct 23, 2017
Stuart Nachbar's answer
Motion to vacate stay, reaffirmations, certifications of default, additional confirmation hearings, adversary complaint, fighting proofs of claim to name a few

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

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Oct 20, 2017
Leonard G Deming's answer
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. The court will grant or deny the application based on all of the circumstances. No fee application is required if the total of the fee received is $4,500 or less. But anything over requires an...

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Oct 4, 2017
William Michael Bryk's answer
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.

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

3 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Aug 2, 2017
Stuart Nachbar's answer
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 to run and when you get out of Bankruptcy, they will be huge and unmanageable.

Q: Can my car's title holder still repossess my vehicle if I've filed for bankruptcy?

2 Answers | Asked in Bankruptcy for New Hampshire on
Answered on Jun 5, 2017
Theresa Spearing's answer
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 you object and can work out a deal with the lender to get caught up on the payments the automatic stay will be lifted and they can repossess the vehicle. If you file a Chapter 13 and put your arrears...

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on May 2, 2017
Leonard G Deming's answer
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 discharged by filing for bankruptcy protection because there is no specific provision for excepting them from discharge in Section 523. However, courts have ruled that such agencies can apply the principle of...

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Mar 31, 2017
Robert O'Brien's answer
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. If your business is in chapter 7, your interest (shares, membership, equity) in the business entity would be part of the bankruptcy estate. If your business is in chapter 11, your interest would be...

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on Mar 23, 2017
Robert O'Brien's answer
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 debt. By law, they will no longer be able to contact you except under very limited circumstances. The other risk is being sued. Again, since you appear to have no resources from which you could be...

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

1 Answer | Asked in Bankruptcy for New Hampshire on
Answered on May 23, 2015
Robert Gambrell's answer
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 question is that you are a spouse in the middle of a divorce and the other spouse will keep the home, but owes you money as part of the property settlement and the spouse that is keeping the home is...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.