Bankruptcy

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  • Evictions During The COVID-19 State of Emergency

    The COVID-19 pandemic has created very difficult situations for many people. In the context of landlord/tenant relationships, it has created significant concerns among both landlords and tenants about what their rights are.Before the pandemic and emergency orders, evictions were conducted through the process outlined in RSA 540. While this process is still the law of New Hampshire, it has been modified significantly by Governor Sununu’s emergency orders. The first modification was Emergency Order #4 (found here: https://www.governor.nh.gov/sites/g/files/ehbemt336/files/documents/emergency-order-4.pdf). This provides that any attempt to begin or prosecute eviction actions would likely be deemed a violation of RSA 540-A, New Hampshire’s prohibited practices statute for landlord/tenant relationships. These violations could result in a fine of $1,000, attorney’s fees, and double or treble damages. This was designed to…

  • COVID-19 Parenting Orders and Modifications

    COVID-19 continues to present many challenges to New Hampshire and its families. With the Governor’s directive limiting gathering significantly, closing schools, and asking many people to work from home, families have been inundated with concerns about their current parenting orders or obtaining new ones.Please note that this article should not be read for anyone person’s particular situation or be interpreted as legal advice. Everyone’s situation is different, and if you have legal concerns regarding the interpretation or modification of a parenting plan, you should speak with one the family law attorneys at Parnell, Michels & McKay.NH RSA 461-A:6 sets the “best interest of the child” legal standard for drafting or modifying a parenting plan. The best interest of the child is determined by up to…

  • COVID-19 Child Support and Alimony Modifications

    Pursuant to the State of New Hampshire’s orders due to concerns about the COVID-19 outbreak, many businesses are shut down and employees are out of work. While the federal and state governments are working on stimulus packages and the expansion of unemployment benefits, parties that are subject to Court orders for child support and/or alimony may want to take some additional steps.NH RSA 458-C:7 permits parties to seek a modification of a child support order any time there has been a substantial change in circumstances. The modification can become effective on the date a party has provided “notice” of the request to modify to the other party. “Notice” means service on the other party or acceptance of service by the other party.NH RSA 458:19-aa permits…

  • New Change Helps Make Bankruptcy More Accessible

    Soon the holiday season will be upon us. To some, this time of year signals warmth, family, and good cheer. To others, the holidays are simply another source of stress. There are many pressures in this modern age that pull our focus in several directions. Family finances are often something that get pushed to the back of our minds, leaving many living beyond their means. As such, financial debt is a keystone burden that many New Hampshire families face. After years of neglect, mismanagement, pride, or the unexpected, families often consider the possibility of filing for bankruptcy. Filing for bankruptcy need not be a daunting or embarrassing process. Rather, many are so thankful for the relief a bankruptcy filing can provide after months of phone…

  • Mounting Debt: Is Bankruptcy An Option?

    During the housing crisis in 2008 and 2009, many people started losing their homes to foreclosure. The job market tumbled, and people all over the country found themselves unemployed and unable to pay their mortgages. Some people had their home values plummet, causing them to be “under water” on their mortgage in that their mortgage balance was higher than the property value of their homes. This caused substantial strife and stress for many Americans as they slogged through the recession in our economy. During that time, many individuals turned to bankruptcy to try to save their homes. They also faced aggressive debt collectors and creditors trying to take property and bringing lawsuits against them. Faced with a mountain of debt and no way to pay,…

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    The Health Care Appeal: What You Need To Know To Understand The Health Care Debate

    A decision is expected this month on whether the Affordable Care Act will be struck down by the United States Supreme Court. Legal scholars suspect that the individual mandate provision faces the most risk of being struck from the law, while experts expect the remainder of the law to stand. It is not clear what the Supreme Court will decide, but a lot of people have been confused on what the Court will look at when deciding whether to uphold the law. In order to understand the Government’s legal justification for the law, one needs to understand the Commerce Clause in our Constitution. This clause has been used to expand what Congress can and can’t regulate through its laws. Essentially, the Commerce Clause permits Congress…