If you’re considering filing bankruptcy in New Hampshire, you’ll need to understand the types, costs, as well as some helpful advice to finding good attorneys.

Am I Qualified for Bankruptcy?

Filing for bankruptcy is a complex legal process that allows individuals and businesses to seek relief from overwhelming debt. Whether you qualify for bankruptcy in New Hampshire, or any other state, depends on various factors, including your income, expenses, and the type of bankruptcy you intend to file. In New Hampshire, as in the rest of the United States, bankruptcy is generally available to those who meet certain criteria.

1. Residency and Venue: To file for bankruptcy in New Hampshire, you must meet residency and venue requirements. You must be a resident of New Hampshire or have a domicile, place of business, or property in the state for the greater part of the 180 days immediately preceding your bankruptcy filing. Additionally, you must file your bankruptcy case in the correct federal bankruptcy court within the state, typically the U.S. Bankruptcy Court for the District of New Hampshire.
2. Types of Bankruptcy: There are several types of bankruptcy, but the most common for individuals and small businesses are Chapter 7 and Chapter 13 bankruptcy.
   • Chapter 7 Bankruptcy: To qualify for Chapter 7 bankruptcy in New Hampshire, you must pass the “means test.” This test compares your income to the median income for a household of your size in New Hampshire. If your income is below the median, you generally qualify for Chapter 7. If your income is above the median, you may still be eligible if you can demonstrate that your expenses and disposable income do not allow you to repay a significant portion of your debts over time.
   • Chapter 13 Bankruptcy: Chapter 13 bankruptcy allows you to create a repayment plan to pay off your debts over three to five years. To qualify for Chapter 13, you must have a regular source of income and sufficient disposable income to fund your proposed repayment plan. Your total secured debt must also be below a certain threshold, and your unsecured debt must be within specified limits.
3. Credit Counseling Requirement: Before filing for bankruptcy in New Hampshire, you must complete a credit counseling course from an approved agency within 180 days before your bankruptcy petition. This requirement applies to both Chapter 7 and Chapter 13 bankruptcy filers. The counseling session helps you explore alternatives to bankruptcy and provides valuable financial education.
4. Bankruptcy Petition and Documentation: To initiate the bankruptcy process in New Hampshire, you must prepare a comprehensive bankruptcy petition that includes detailed information about your financial situation, assets, liabilities, income, expenses, contracts, leases, and more. Gathering and providing accurate documentation is crucial for a successful bankruptcy filing.
5. Meeting with Creditors: In both Chapter 7 and Chapter 13 bankruptcy cases, you will be required to attend a meeting of creditors, also known as a 341 meeting. During this meeting, the bankruptcy trustee and creditors may ask you questions about your financial affairs. You must attend this meeting to proceed with your bankruptcy case.
6. Bankruptcy Attorney: While it’s possible to file for bankruptcy pro se (without an attorney), it’s highly recommended to seek legal counsel, especially given the complexity of bankruptcy laws. A qualified bankruptcy attorney can help you navigate the process, ensure you meet all requirements, and protect your interests.
7. Bankruptcy Discharge: If you successfully complete the bankruptcy process, you may receive a bankruptcy discharge, which eliminates your obligation to repay certain debts. However, not all debts are dischargeable, such as child support, alimony, most tax debts, and student loans (unless you can prove undue hardship).

Q

ualifying for bankruptcy in New Hampshire involves meeting residency requirements, choosing the appropriate bankruptcy chapter, passing the means test (for Chapter 7), demonstrating disposable income (for Chapter 13), completing credit counseling, and complying with all legal obligations throughout the bankruptcy process. Given the complexity of bankruptcy laws and the potential long-term consequences, it’s advisable to consult with an experienced bankruptcy attorney who can guide you through the process and help you make informed decisions about your financial future. Bankruptcy is a serious legal step that can provide much-needed relief, but it should be approached with careful consideration and professional guidance.

Is this conversation helpful so far?

RESOURCES:

Do You Need a Lawyer to File For Bankruptcy in New Hampshire?

While it is not strictly required to hire a lawyer to file for bankruptcy in New Hampshire, it is highly advisable to have legal representation due to the complexity and potential consequences of the bankruptcy process. Bankruptcy laws are intricate, and making mistakes or missing important details can have significant repercussions on your financial future. Here are some key reasons why having a lawyer can be essential when filing for bankruptcy in New Hampshire:

1. Navigating Complex Laws: Bankruptcy laws are intricate, and they can vary depending on the chapter of bankruptcy you choose (Chapter 7 or Chapter 13). Lawyers who specialize in bankruptcy are well-versed in the specific statutes, regulations, and court procedures relevant to bankruptcy cases. They can help you understand how these laws apply to your unique situation, ensuring that you make informed decisions throughout the process.
2. Personalized Advice: A bankruptcy attorney can provide personalized advice tailored to your financial circumstances. They will assess your income, assets, debts, and goals to determine the most appropriate bankruptcy chapter for you. Choosing the right chapter is crucial, as it can impact your ability to discharge debts, keep certain assets, and achieve your financial objectives.
3. Completing Required Documentation: Filing for bankruptcy requires extensive documentation, including financial records, income statements, asset valuations, and a comprehensive bankruptcy petition. Lawyers have experience in gathering and organizing this documentation, reducing the risk of errors or omissions that could lead to complications or case dismissal.
4. Means Test and Eligibility: For Chapter 7 bankruptcy, individuals must pass the means test, which assesses their income and expenses. A bankruptcy attorney can help you accurately calculate your income and expenses according to the means test formula, maximizing your chances of qualifying for Chapter 7. If you do not pass the means test, they can explore alternative options or advise on the feasibility of a Chapter 13 filing.
5. Protecting Your Assets: Bankruptcy exemptions determine which assets you can keep when filing for bankruptcy. A bankruptcy lawyer can help you identify and apply the appropriate state and federal exemptions to protect your property. This is particularly important if you have valuable assets you wish to retain, such as a home or car.
6. Handling Creditor Interactions: Once you file for bankruptcy, creditors must cease collection efforts due to the automatic stay. However, some creditors may attempt to challenge your bankruptcy or claim that certain debts are nondischargeable. An attorney can represent your interests and respond to such challenges, ensuring that your rights are protected.
7. Creating a Repayment Plan (Chapter 13): If you choose Chapter 13 bankruptcy, you will need to propose a repayment plan to the court. Your attorney can help you create a plan that is feasible and acceptable to the court while also accommodating your financial situation.
8. Navigating Court Proceedings: Bankruptcy cases involve court appearances, meetings with creditors, and other legal proceedings. A bankruptcy attorney can represent you in these interactions, providing guidance on how to respond to questions and ensuring that you comply with all court requirements.
9. Avoiding Common Pitfalls: Bankruptcy has long-term financial consequences, including its impact on your credit score and ability to secure future loans. An experienced attorney can help you make informed decisions that minimize these consequences and set you on the path to financial recovery.
10. Maximizing Debt Discharge: Certain debts may not be dischargeable in bankruptcy, such as child support, alimony, most tax debts, and student loans (unless you can prove undue hardship). A lawyer can help you identify which debts can be discharged and which require special consideration.

While you are not legally required to hire a lawyer to file for bankruptcy in New Hampshire, having legal representation is strongly recommended. Bankruptcy is a complex and consequential legal process, and a knowledgeable attorney can guide you through the process, protect your rights and assets, and help you make informed decisions that are in your best interest. Given the potential long-term impact on your financial well-being, consulting with a bankruptcy attorney can provide valuable peace of mind and increase the likelihood of a successful bankruptcy outcome.

Cost to File Chapter 7 Bankruptcy in New Hampshire

The cost to file Chapter 7 bankruptcy in New Hampshire includes several fees and expenses that individuals should be aware of. While the primary fee is associated with the filing itself, there are other costs to consider as well. Here’s a breakdown of the typical expenses:

1. Filing Fee: The primary fee for filing Chapter 7 bankruptcy in New Hampshire is the court filing fee. This fee is subject to change, so it’s important to check with the U.S. Bankruptcy Court for the District of New Hampshire or their website for the most current fee information.
2. Credit Counseling Course: Before you can file for bankruptcy, you are required to complete a credit counseling course from a court-approved agency. The cost of this course varies but typically ranges from $30 to $70. You must complete this course within 180 days before filing your bankruptcy petition.
3. Debtor Education Course: After filing for bankruptcy, you must also complete a debtor education course from an approved agency. Similar to the credit counseling course, this course usually costs between $27 and $58. It’s important to complete this course to receive your bankruptcy discharge.
4. Attorney Fees: While not a required fee, many individuals choose to hire a bankruptcy attorney to guide them through the Chapter 7 process. Attorney fees can vary significantly based on factors such as the complexity of your case and the attorney’s experience. On average, you can expect attorney fees for a Chapter 7 case to range from $1,200 to $2,780 or more. The cost of hiring an attorney is an important consideration, as they can provide valuable legal advice, handle paperwork, and represent you in court.
5. Miscellaneous Costs: There may be other miscellaneous costs associated with your Chapter 7 bankruptcy, such as notary fees, postage, or photocopying expenses. While these costs are typically relatively small, they can add up, so it’s important to budget for them.

It’s worth noting that if you are unable to afford the filing fee or other associated costs, you may be eligible for a fee waiver or installment plan for the filing fee. You can request a fee waiver by submitting a formal application to the bankruptcy court, demonstrating that you meet the financial criteria.

Additionally, some bankruptcy attorneys offer payment plans or may work on a sliding scale based on your ability to pay. If you are considering hiring an attorney but are concerned about the cost, it’s a good idea to discuss payment options during your initial consultation.

Cost to File Chapter 11 Bankruptcy in New Hampshire

The cost to file Chapter 11 bankruptcy in New Hampshire can be significant, as Chapter 11 bankruptcy is primarily designed for businesses, including small businesses and corporations, rather than individual consumers. Chapter 11 is a more complex and involved bankruptcy process, and the costs associated with it reflect the higher level of complexity. Here’s a breakdown of the typical expenses involved in filing for Chapter 11 bankruptcy in New Hampshire:

1. Filing Fee: The primary fee for filing Chapter 11 bankruptcy in New Hampshire is the court filing fee. The exact amount of this fee can vary and is determined by the U.S. Bankruptcy Court for the District of New Hampshire. The fee for filing a Chapter 11 case could range from several thousand dollars to over $15,000, depending on the size and complexity of the case.
2. Attorney Fees: Chapter 11 cases are highly complex, and the involvement of experienced bankruptcy attorneys is crucial. Attorney fees for Chapter 11 bankruptcy can vary significantly based on the complexity of the case, the extent of legal services required, and the attorney’s experience. In many Chapter 11 cases, legal fees can run into tens of thousands of dollars or more. Attorneys may charge hourly rates, flat fees, or a combination of both.
3. Administrative Fees: Chapter 11 cases often involve ongoing administrative fees, which cover the costs associated with running the bankruptcy estate. These fees can include professional fees for accountants, appraisers, and other experts hired to assist in the case. The amount and nature of these fees can vary widely depending on the specific circumstances of the bankruptcy.
4. U.S. Trustee Fees: The U.S. Trustee Program oversees bankruptcy cases and may assess quarterly fees based on the debtor’s disbursements. The fees are calculated on a sliding scale and can be substantial for larger Chapter 11 cases.
5. Creditors’ Committee Expenses: In some Chapter 11 cases, a creditors’ committee may be formed to represent the interests of unsecured creditors. The debtor typically bears the costs associated with the creditors’ committee, including legal fees and expenses.
6. Miscellaneous Costs: There may be other miscellaneous costs associated with a Chapter 11 case, such as court-approved expenses for mailing notices, publication costs, and other administrative expenses.

It’s important to note that Chapter 11 bankruptcy is primarily designed to help businesses restructure and continue their operations. While it is an option for some individuals, the high costs and complexities make it less common for personal bankruptcy cases compared to Chapter 7 or Chapter 13. If you are an individual considering bankruptcy, it’s advisable to consult with a bankruptcy attorney to determine the most appropriate chapter for your specific financial situation.

Cost to File Chapter 13 Bankruptcy in New Hampshire

Filing for Chapter 13 bankruptcy in New Hampshire involves several costs and fees. Chapter 13 bankruptcy is designed for individuals with a regular income who want to reorganize their debts and create a repayment plan. Here’s a breakdown of the typical expenses associated with filing for Chapter 13 bankruptcy in New Hampshire:

1. Filing Fee: The primary fee for filing Chapter 13 bankruptcy in New Hampshire is the court filing fee. It’s essential to check with the U.S. Bankruptcy Court for the District of New Hampshire or their website for the most current fee information because the fee is subject to change.
2. Attorney Fees: While you are not required to hire an attorney to file for Chapter 13 bankruptcy, it is highly recommended due to the complexity of the process. Attorney fees can vary depending on factors such as the attorney’s experience and the complexity of your case. On average, you can expect attorney fees for a Chapter 13 case to range from $2,850 to $5,500 or more. Attorneys may offer payment plans or charge flat fees, depending on their practices.
3. Credit Counseling Course: Before you can file for Chapter 13 bankruptcy, you are required to complete a credit counseling course from a court-approved agency. The cost of this course typically ranges from $27 to $57. You must complete this course within 180 days before filing your bankruptcy petition.
4. Debtors’ Education Course: After filing for Chapter 13 bankruptcy, you must also complete a debtor education course from an approved agency. Similar to the credit counseling course, this course usually costs between $30 and $60. It’s important to complete this course to receive your bankruptcy discharge.
5. Trustee’s Fees: In Chapter 13 bankruptcy, a trustee is appointed to oversee your case and administer the repayment plan. The trustee’s fees are typically included in your monthly plan payments, rather than being paid separately. These fees cover the trustee’s administrative costs and compensation.
6. Miscellaneous Costs: There may be other miscellaneous costs associated with your Chapter 13 bankruptcy, such as notary fees, postage, or photocopying expenses. These costs are usually relatively small but can add up, so it’s essential to budget for them.

The cost to file Chapter 13 bankruptcy in New Hampshire includes the court filing fee, attorney fees, credit counseling and debtor education course fees, potential trustee’s fees, and miscellaneous expenses. While filing for Chapter 13 bankruptcy can be more expensive than Chapter 7, it provides individuals with a structured way to repay their debts over time and protect their assets. Consulting with an experienced bankruptcy attorney is strongly recommended to navigate the complexities of Chapter 13 and ensure the best possible outcome for your financial situation.

Reliable Bankruptcy Attorneys in New Hampshire

Below is a list of reputable bankruptcy attorneys in New Hampshire. They can help you with both personal and business bankruptcy information.

David S Osterman, Attorney
66 Hanover St, Manchester, NH 03101, United States

Law Office of Christopher W. Kelley
2 Wellman Ave #240, Nashua, NH 03064, United States

Moore Ames Law, PLLC
127 Water St, Exeter, NH 03833, United States

The Schreiber Law Firm LLC
53 Stiles Rd b201, Salem, NH 03079, United States

Deming Law Office
491 Amherst St #22, Nashua, NH 03063, United States

New Hampshire Zip Codes We Proudly Serve:

3601, 3602, 3809, 3810, 3031, 3216, 3440, 3217, 3441, 3811, 3032, 3218, 3825, 3812, 3740, 3110, 3220, 3442, 3570, 3574, 3304, 3221, 3575, 3222, 3033, 3223, 3741, 3034, 3224, 3225, 3813, 3226, 3814, 3227, 3816, 3603, 3036, 3443, 3258, 3817, 3743, 3576, 3301, 3303, 3229, 3818, 3745, 3746, 3230, 3819, 3037, 3038, 3820, 3604, 3444, 3046, 3824, 3231, 3826, 3827, 3830, 3832, 3882, 3233, 3748, 3042, 3234, 3579, 3750, 3833, 3835, 3447, 3043, 3580, 3235, 3836, 3044, 3751, 3249, 3237, 3837, 3448, 3838, 3238,

3045, 3581, 3752, 3240, 3753, 3047, 3840, 3048, 3582, 3754, 3841, 3842, 3844, 3449, 3755, 3450, 3765, 3241, 3242, 3243, 3244, 3451, 3245, 3049, 3106, 3051, 3845, 3846, 3452, 3583, 3847, 3431, 3848, 3246, 3584, 3766, 3605, 3251, 3585, 3052, 3561, 3053, 3307, 3768, 3082, 3849, 3103, 3104, 3102, 3109, 3101, 3455, 3456, 3850, 3253, 3770, 3054, 3588, 3055, 3851, 3852, 3853, 3771, 3057, 3254, 3060, 3062, 3063, 3064, 3457, 3070, 3854, 3855, 3256, 3071, 3257, 3255, 3856, 3857, 3773, 3858, 3860, 3862, 3774,

3259, 3590, 3260, 3609, 3262, 3261, 3290, 3777, 3864, 3076, 3458, 3779, 3780, 3592, 3263, 3781, 3865, 3264, 3801, 3077, 3461, 3867, 3868, 3839, 3869, 3266, 3870, 3871, 3079, 3268, 3269, 3872, 3873, 3874, 3875, 3878, 3607, 3273, 3883, 3462, 3284, 3464, 3884, 3885, 3445, 3782, 3275, 3446, 3886, 3084, 3276, 3465, 3595, 3887, 3608, 3278, 3279, 3280, 3215, 3281, 3282, 3466, 3784, 3291, 3890, 3597, 3467, 3598, 3287, 3086, 3470, 3087, 3894, 3293, 3785

---