Robert O'Brien

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. 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 electronic payments. 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. (1984) | Law

1981 - 1984

Creighton University

B.S. (1982) | Business Administration

1978 - 1981

Lead Counsel Rated in Bankruptcy Law- Personal

Lead Counsel Review Board

Q. How do I file for a Motion for a Relief from Stay in NH? Tenant filed for Chapter 7 before signing his lease.

18 March 2019

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?

26 January 2018

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?

20 October 2017

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

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.