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New Hampshire Bankruptcy Questions & Answers
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... View More

Leonard G Deming
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... View 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
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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... View More

Robert O'Brien
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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
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... View More

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: I live in NH. Will be filing for chapter 7 in February. Just got offered a $20K PI settlement. Can I keep that $?
Andrew Bresalier
Andrew Bresalier
answered on Feb 5, 2014

A: No, you will not be able to keep. Any remaining proceeds existing at the time of the Bky filing that are beyond the available exemptions will become subject to the case. A word of warning, do not put the funds in someone elses name or spend it haphazardly, as the Trustee will pursue it.

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: What are basic requirements to fi;e for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 5, 2014

A: Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: How much debt is needed to claim bankruptsy
Andrew Bresalier
Andrew Bresalier
answered on Feb 5, 2014

Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Will bankruptcy dismiss federal income taxes due?will bankrupcy dismiss court ordered payments to my exes attorney
Andrew Bresalier
Andrew Bresalier
answered on Feb 5, 2014

A: Taxes are not dischargeable. Equitable Distribution is Dischargeable; however, if the payment is in the “Nature of Support” it is not Dischargeable.

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: Do I need a lawyer for bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 5, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for New Hampshire on
Q: How do we know which kind of bankruptcy we can do after a foreclosure has been finalized?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

If you are giving up the house, you would want to do a Seven (7) to discharge any deficiency.

For a regular person there are two basic types of bankruptcy. A Chapter 7, also called Liquidation or Straight Bankruptcy, and a Chapter 13, also called Reorganization. A 7 takes a few months, and...
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