First admitted to practice law in Iowa and Nebraska in 1984 before moving to New England in 2002. Practice is primarily helping individuals and businesses with financial matters and creditor disputes, including landlord/tenant issues.
In NH, MA & VT, offering free initial consultation in 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.
- Consumer Law
- Foreclosure Defense
- Business Restructuring
- Investment/Rental Realty Restructuring
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.
- New Hampshire
- English: Spoken, Written
- Robert L. O'Brien, Attorney at Law
- - Current
- 30 years of legal experience in municipal law and general practice, including family law, tax law, estate planning, collection and zoning & land use planning matters. Presently, my practice is limited to helping individuals and businesses through the Bankruptcy Process under chapters 7, 11, 12 & 13.
- Creighton University School of Law
- J.D. (1984) | Law
- Creighton University
- B.S. (1982) | Business Administration
- A+ Rating
- Better Business Bureau
- Vermont State Bar
- New Hampshire Bar Association
- Massachusetts State Bar
- Lead Counsel Rated in Bankruptcy Law- Personal
- Lead Counsel Review Board
- Rob O'Brien, Bankruptcy Attorney
- 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 disposable income. To minimize the amount of expected income tax refunds, each wage earners w-4's should be carefully reviewed and adjusted accordingly.
- Q. What is the maximum amount an attorney can legally charge a client for a chapter 13 bankruptcy in the state of NH?
- A: Greetings! Your question cannot be answered by simply stating a number. The rule on attorney compensation in chapter 13 cases in NH is: AO 2016-1 Fee and Expense Guidelines (a) Fees in Chapter 13 Cases. (1) Unless the court orders otherwise, debtor’s counsel does not need to file a fee application, and the disclosure set forth in the Bankruptcy Rule 2016 statement will be sufficient for the court to allow debtor’s counsel’s fees if the total fee does not exceed $4,500. (2) If the prepetition retainer is $4,500 or less, the chapter 13 plan may provide that the difference between the prepetition retainer and $4,500 be paid during the first twelve (12) months of the chapter 13 plan as an administrative expense. (part (b) regarding expenses is omitted) So the maximum without further review of the court is $4,500. If it is justified, the court will approve reasonable fees in excess of that maximum. You should be certain to explore all of the possibilities in your case with your attorney so there are no surprises regarding fees. Good Luck, Rob O'Brien