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 will...Read more »
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.
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.
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 »
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...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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....Read more »
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 »
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...Read more »
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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