Bankruptcy: A
Second Chance
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 |