Robert O'Brien

First admitted to practice law in Iowa and Nebraska in 1984 before moving to New England in 2002. Practice is limited helping individuals and businesses with financial matters and creditor disputes, including landlord/tenant issues. Offering free initial consultation in client's home or office, or at several convenient locations in NH and MA. 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.

• Bankruptcy
• Collections
• Consumer Law
• Foreclosure Defense

• Business Restructuring
• Investment/Rental Realty Restructuring

• 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 "debit" cards. I also work with you on an affordable payment plan when the circumstances require it.

Massachusetts

Since 2002

New Hampshire

Since 2002

Vermont

Since 2016

Attorney

Robert L. O'Brien, Attorney at Law

1984 - 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. / Law (1984)

1981 - 1984

Creighton University

B.S. / Business Administration (1982)

1978 - 1981

Lead Counsel Rated in Bankruptcy Law- Personal

Lead Counsel Review Board

Q. If my business files for bankruptcy, does that affect any of my non-business/personal assets?

31 March 2017

A: Greetings! The short answer is no, with reservations. If the business is in fact a separate legal entity, filing for bankruptcy protection on behalf of that entity will affect you IF you have signed personal guarantees; if you are employed by or your living is sustained by the business. If your business is in chapter 7, your interest (shares, membership, equity) in the business entity would be part of the bankruptcy estate. If your business is in chapter 11, your interest would be under the control of the "debtor in possession", unless a trustee is appointed. If your business is in chapter 11, and concurrently, you file a personal bankruptcy, the trustee appointed in your personal case would have the right to control the chapter 11 business case. None of your personal assets would be directly at risk unless co-owned by the business filing for bankruptcy protection, or unless pledged as security for business debt. You could be sued on any personal guarantees made to the creditors of the business, and upon receiving judgment against you, your nonexempt assets would be at risk as the creditor attempts to collect on the judgment.

Q. I can no longer pay my debt. I owe roughly $7000 between 4 credit cards. I don't own any assets. Should I file Chapter 7

23 March 2017

A: Greetings! Under your circumstances, filing for a bankruptcy discharge is a matter of your tolerance to the behavior of collectors. I expect debt collectors are calling you. Since you have no means to pay those debts, you should put in writing to each agency that you refuse to pay the debt. By law, they will no longer be able to contact you except under very limited circumstances. The other risk is being sued. Again, since you appear to have no resources from which you could be compelled to make a payment plan, whether to file bankruptcy is a function of your comfort level with the state court system, and having judgments entered against you. Filing for a chapter 7 bankruptcy discharge will clean the slate and allow you to start fresh, but since you have no urgent reasons to proceed, depending on your threshold for the above factors, letting it ride will do you no harm.