DAHAR LAW FIRM

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Bankruptcy: A Second Chance Money problems?
For A Free Consultation Call (603) 622-6595   Email vdaharpa@att.net
  • Chapter 7  For Individuals and business
  • Chapter 13 - Re-organization for individuals and small business
  • Chapter 11 - Re-organizations for corporations
  • Member of the American Bankruptcy Institute 
  • Litigation in the Federal Bankruptcy Court For the District Of New Hampshire

 

Experience: The Dahar Law Firm Represents Individuals and Business in matters dealing with Bankruptcy in the States of New Hampshire and Massachusetts. Our Lawyers have handled complex Bankruptcy filings, Adversary proceedings on behalf of Creditors and Debtors in the Bankruptcy Court including objections to discharge and relief from automatic stay actions. 

The firm handles Appeals before the Federal District Court, the Bankruptcy Appeals Panel and the First Circuit Court of Appeals.

       
Update: The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

The Bankruptcy Code has changed:
Effective October 17, 2005, the most sweeping change in the Bankruptcy law in the United States since 1978 occurred.  New duties were imposed on both Consumers and their Lawyers. Those seeking Bankruptcy protection are now subject to a "means test" procedure to determine whether filing bankruptcy is "presumptively abusive."  The Dahar Law firm has taken the necessary steps to ensure those seeking debt relief will understand the new law and be able to comply with the requirements on Debtors.   

Bankruptcy Generally:  Chapter 7 and Chapter 13 Debtors are now subject to increased reporting requirements, there are limitations on the exemptions a Debtor can claim in a Bankruptcy and many Chapter 13 Debtors will be required to file a longer payment plan.

Generally a Chapter 7 Debtor seeks to discharge all of his Debts in Bankruptcy.  A Chapter 13 Debtor files a plan of repayment which pays creditors a portion of what they are owed based on the excess income of a Debtor above his or her necessary bills.  The new Bankruptcy law enacts guidelines which will determine whether a Debtor qualifies for Chapter 7 or Chapter 13 Bankruptcy based on standardized income and expense data compiled by the Federal Government.

Chapter 11 is a method by which a corporation can re-organize its debt service, workout problems with its creditors, remove attachments from assets of a company or deal with IRS liens.  The Dahar law firm represents corporations in Chapter 11 and assists corporate filers to successfully re-organize through use of Chapter 11 Bankruptcy. 

The Dahar Law Firm is able to assist individuals with their Bankruptcy needs. 

IMPORTANT DISCLOSURES REGARDING YOUR RIGHTS IN BANKRUPTCY  The Dahar Law Firm is a Debt Relief Agency.  We help people file for Bankruptcy relief under the United States Bankruptcy Code.

§527(a)(2) NOTICE

The Bankruptcy Code, 11 U.S.C. § 101(3) defines “assisted person” to mean any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.00.

All information that an assisted person is required to provide with a petition and thereafter during a case under the Bankruptcy Code is required to be complete, accurate, and truthful.

All assets and all liabilities are required to be completely and accurately disclosed in the documents filed to commence the case, and the replacement value of each asset as defined in section 506 must be stated in those documents there requested after reasonable inquiry to establish such value.

Current monthly income, the amounts specified in section 707(b)(2), and, in a case under chapter 13 of the Bankruptcy Code, disposable income (determined in accordance with section 707(b)(2)), are required to be stated after reasonable inquiry.

Information that an assisted person provides during their case may be audited pursuant to the Bankruptcy Code, and failure to provide such information may result in dismissal of the case under the Bankruptcy Code or other sanction, including a criminal sanction.

§ 527(b) NOTICE

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES
FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER

If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.

The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine.

Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a ‘trustee’ and by creditors.

If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts.

If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge.

If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.

Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.

If you have a specific legal question email it to us perhaps we can assist you.

Dahar Law Firm
20 Merrimack St.
Manchester, NH 03101 telephone 603.622.6595facsimile 603.647.8054
electronic mail vdaharpa@att.net

Copyright © 2006 Dahar Law Firm, Inc. All rights reserved. Site by APR