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 
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... View 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... View 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)
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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... View 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?
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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... View 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.
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... View More
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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... View More
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.
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... View More
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... View More
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
.
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... View More
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.
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... View More
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... View More
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