New Hampshire Bankruptcy Legal Questions

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17 legal questions have been posted about bankruptcy by real users in New Hampshire. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
To the best of my knowledge, tenants are only entitled to return of deposits when their tenancy is terminated (usually when they move out).  Nothing changes just because a landlord files for bankruptcy.  The owner may change, but that doesn't alter the tenant's obligations or the rights under the contract. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More
To the best of my knowledge, tenants are only entitled to return of deposits when their tenancy is terminated (usually when they move out).... Read More
Harrass you?  I'm not sure I understand your question.  If you are not making payments necessary for your Chapter 13 plan, then reminders or admonitions from your lawyer do not constitute harassment, they constitute him/her doing their job.   Actually, that's more than their job.   Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read More
Harrass you?  I'm not sure I understand your question.  If you are not making payments necessary for your Chapter 13 plan, then reminders... Read More
Yes, you can file a Motion to Dismiss the case and, unless the court determines there has been bad faith in your filing, it should be granted. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read More
Yes, you can file a Motion to Dismiss the case and, unless the court determines there has been bad faith in your filing, it should be granted. Mark... Read More

i have done chapter 7 bankruptcy 4 years ago i am still living in my home. if i choose to give back the home am i legally responsible for the house.

Answered 14 years and 2 months ago by Mr. Damon Terry Duncan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
It depends on whether you have signed a reaffirmation agreement or not. You need to contact your bankruptcy lawyer and they can let you know whether you signed a reaffirmation agreement. If you reaffirmed the debt then you are still fully responsible. Generally, if you did not sign a reaffirmation agreement then you are not responsible for the debt. Again, be sure to check with your attorney. Terry Duncan Duncan Law, PLLC4801 E. Independence Blvd.Suite 1100Charlotte, NC 28212(704) 563-1224  Charlotte Bankruptcy Attorney... Read More
It depends on whether you have signed a reaffirmation agreement or not. You need to contact your bankruptcy lawyer and they can let you know whether... Read More
I'm going to take a leap here and guess that your question is regarding dischargeability of taxes.  Income taxes are dischargeable if all of the following prerequisites are met as of the date your bankruptcy case was filed: (1) it has been more than 3 years since the returns were last DUE (including extensions) to be filed, (2) the returns were timely filed or it has been at least 2 years since the returns were filed, (3) there was no fraud involved or attempts to evade the tax, AND, (4) the taxes were not assessed within the last 240 days. The only way to determine the date taxes were assessed is to obtain a record of account transcript from the taxing agency.   Also, a little known fact, but the 240 period is really 270 days. Tax dischargeability is very complex.  You should consult with a knowledgeable bankruptcy attorney in your area. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr  ... Read More
I'm going to take a leap here and guess that your question is regarding dischargeability of taxes.  Income taxes are dischargeable if all of the... Read More

Can bankruptcy save our business?

Answered 15 years and a month ago by Larry Dale Webb (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Bankruptcy can be like the reset button on your computer, except you can only use it once every eight years. Your question doesn't provide enough information for good answer. Bankruptcy provides a fresh start, but seven months is not very long to already be considering bankruptcy for a fresh start.... Read More
Bankruptcy can be like the reset button on your computer, except you can only use it once every eight years. Your question doesn't provide enough... Read More

Can we put a car loan on our bankruptcy and still keep our vehicles?

Answered 15 years and a month ago by William C. Gosnell (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Yes, you can.
Yes, you can.

Do I have to file for bankruptcy as well if I am separated from my husband?

Answered 15 years and a month ago by attorney Michael Jay Berger   |   6 Answers   |  Legal Topics: Bankruptcy
You do not need to file bankruptcy because your husband is filing bankruptcy. You do not need to quitclaim your interest in your home to your husband. Quitclaiming your interest in the property to your husband will not remove your name from any loan.
You do not need to file bankruptcy because your husband is filing bankruptcy. You do not need to quitclaim your interest in your home to your... Read More

Will bankruptcy affect my ability to get a green card?

Answered 15 years and 2 months ago by Tony Mankus (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
To my knowledge, bankruptcy filing is not an impediment to obtaining a green card. Check with your immigration attorney.
To my knowledge, bankruptcy filing is not an impediment to obtaining a green card. Check with your immigration attorney.

Is bankruptcy my best option?

Answered 15 years and 2 months ago by William Edward Zurinskas (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
I don't know if bankruptcy is your best option. I need more information. As long as you are not liable on your husband's LLC obligation, then you do not have to file bankruptcy with your husband, assuming you do not have any other reason to file bankruptcy. Your husband's non-bankruptcy options include 1) debt settlement (beware of debt settlement firms - they don't usually work)(hire an attorney), 2) Debt Management Plan through CCCS type firms. Give me a call for free 5 min. tel. consultation. Please refer to this email.... Read More
I don't know if bankruptcy is your best option. I need more information. As long as you are not liable on your husband's LLC obligation, then you do... Read More

Should I retain an attorney if a traded in truck has still not been paid off by the dealership and my creditors are coming after me?

Answered 15 years and 2 months ago by William C. Gosnell (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Yes, hire a lawyer.
Yes, hire a lawyer.

Can an HOA lien be stopped if chapter 13 bankruptcy is filed?

Answered 15 years and 2 months ago by Shawn Christopher (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
What do you mean by stop the lien? The lien exists, if you want to retain the property, you will likely have to pay it. If you are upside-down, you may want to consider surrendering the property. In addition, a chapter 13 requires a debtor to have regular and adequate income to pay their secured debts, living expenses, and a plan payment. If you do not have enough income, then you may not be able to receive a confirmed chapter 13 plan. If you still want to retain the condo, and have adequate income, then you can use a chapter 13 to make payments on the HOA account.... Read More
What do you mean by stop the lien? The lien exists, if you want to retain the property, you will likely have to pay it. If you are upside-down, you... Read More

Can both our wages be garnished if we work at the same place?

Answered 15 years and 2 months ago by Shawn Christopher (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You can both be garnished if the creditor has a judgment and garnishment order against each of you. If it is only against you, then the creditor should not be able to garnish your son.
You can both be garnished if the creditor has a judgment and garnishment order against each of you. If it is only against you, then the creditor... Read More

Will I be affected if my ex files for bankruptcy?

Answered 15 years and 2 months ago by William C. Gosnell (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
The law provides that the Debt reporting agencies must keep separate files on Husbands and Wives. However sometimes it bleeds over into each others files where for example both parties are liable for the joint debt. In Tennessee you are liable for your wife's medical bills regardless of whether she files Bankruptcy or not. You should file Bankruptcy also. Hire a lawyer.... Read More
The law provides that the Debt reporting agencies must keep separate files on Husbands and Wives. However sometimes it bleeds over into each others... Read More

If I close my business, will my partners be entitled to my assets in the company?

Answered 15 years and 2 months ago by attorney Michael Jay Berger   |   3 Answers   |  Legal Topics: Bankruptcy
What, if anything, that your fellow shareholders are entitled to is complicated. It depends an all of the assets and debts of the corporation, as well as all money paid in and taken out by all shareholders. It is not possible for me to answer your question without knowing more about the facts of your matter.... Read More
What, if anything, that your fellow shareholders are entitled to is complicated. It depends an all of the assets and debts of the corporation, as... Read More

Will my patent be protected if I file for bankruptcy?

Answered 15 years and 2 months ago by attorney Michael Jay Berger   |   3 Answers   |  Legal Topics: Bankruptcy
Your co-ownership of a patent is an asset that needs to be listed in your bankruptcy proceeding. Whether or not the asset is sold for the benefit of your creditors will depend on the value of your ownership interest in the patent and the exemptions that are available to you. I urge you to consult a certified specialist in bankruptcy like me to protect your interests. For a free consultation, call me.... Read More
Your co-ownership of a patent is an asset that needs to be listed in your bankruptcy proceeding. Whether or not the asset is sold for the benefit of... Read More

Do I need to file for Chapter 13 bankruptcy if a credit card company has brought a case against me?

Answered 15 years and 3 months ago by William C. Gosnell (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You can ignore the court date if you are going to file a Chapter 13 within 10 days or so.
You can ignore the court date if you are going to file a Chapter 13 within 10 days or so.