I was first admitted to practice law in Iowa and Nebraska in 1984, before moving to New England in 2002. My practice is primarily helping individuals and small businesses with financial matters and creditor disputes including the filing of bankruptcy protection under chapters 7, 11 & 13 of the US Bankruptcy code.
Currently serving New Hampshire, I offer free initial consultation in a client's home or office, or at several convenient locations.
My philosophy is to provide the consumer/home owner/business owner with sufficient information to determine the necessary steps to take to improve or correct the situation, from which a workable, acceptable solution can be reached.
A clean slate and fresh start are in reach. You need to put YOU in first place for a change.
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Individual and Joint personal bankruptcy
- Investment/Rental Realty Restructuring
- Business Restructuring
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Free Consultation
I answer all of your questions before you decide on whether and how to proceed. -
Credit Cards Accepted
Your "credit" card cannot be used to pay for the bankruptcy fees or costs; I accept electronic payments. I also work with you on an affordable payment plan when the circumstances require it.
- Massachusetts
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- New Hampshire
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- Vermont
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- English: Spoken, Written
- Attorney
- Robert L. O'Brien, Attorney at Law
- - Current
- Presently, my practice is limited to helping individuals and businesses through the Bankruptcy Process under chapters 7, 11, 12 & 13. I believe every debtor deserves to be in first place for a change. It is time for a fresh start with a clean slate for YOU. I have 38 years of legal experience in bankruptcy law and general practice, including family law, tax law, estate planning, collection and zoning & land use planning matters.
- Assistant City Attorney
- Council Bluffs IA City Attorney's Office
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- Creighton University School of Law
- J.D. (1984) | Law
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- Creighton University
- B.S. (1982) | Business Administration
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- A+ Rating
- Better Business Bureau
- Vermont State Bar
- Member
- Current
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- New Hampshire Bar Association
- Member
- Current
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- Massachusetts State Bar
- Member
- Current
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- Website
- Rob O'Brien, Bankruptcy Attorney
- Q. We filed chapter 7 bankruptcy on 2/23/2021. We have 4 kids and got the 3rd stimulus. Can trustee take our stimulus?
- A: If there is any question about the stimulus payment belonging to you, consider amending your schedule C to claim it as exempt property under the wildcard exemption.
- Q. How do I file for a Motion for a Relief from Stay in NH? Tenant filed for Chapter 7 before signing his lease.
- A: Unless you as the landlord secured a writ of possession from the state court prior to the filing of the tenant's bankruptcy petition, you will be required to file a motion for an order for relief from the automatic stay from the bankruptcy court. From the date of the filing of the motion, it will take about 30 days to get to a hearing on the motion.
- Q. Why would a chapter 13 trustee take excess tax refunds if the payment plan is 100% funded payback?
- A: Greetings!
Chapter 13 plans are funded by "disposable income" of the chapter 13 bankruptcy estate, which is based on "household income". Included in most NH chapter 13 plans is a provision that requires chapter 13 debtors to pay over to the trustee all income tax refunds that exceed $1,200, regardless of whether it is an individual or joint case. Since 'disposable income' represents the household income after taxes and required deductions, less approved living expenses for the household; any income tax refund for a particular year would have increased disposable income had it not been deducted as withholding taxes excluded from the determination of chapter 13 ... Read More
