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
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
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
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
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
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
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).
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
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
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
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
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
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
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
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?
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
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