Claimed Lawyer ProfileQ&A
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Rates, Retainers and Additional Information
In consumer bankruptcy cases, I accept a flat fee of $1000, from which I pay the court and other fees.
Jurisdictions Admitted to Practice
- New Hampshire
- New York
- 1st Circuit
- U.S. District Court, District of New Hampshire
- U.S. Supreme Court
- English: Spoken, Written
- Fordham University School of Law
- J.D. (1989) | Law
- Manhattan College
- B.S. (1977) | Economics
- Editor-in-chief, Manhattan College Quadrangle, 1976; President of the Student Body, 1976.
- Activities: Student government; student journalism
- New Hampshire Bar Association  # 268939
- - Current
- Activities: Since my admission to the NH bar in June 2017, I have frequently attending continuing legal education courses.
- State Bar of New York  # 2337921
- - Current
6 Questions Answered
- 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: First, are you sure he filed for bankruptcy BEFORE signing the lease? If so, the lease is a post-petition event and, unless the law has changed that much in 30 years, I don't believe you need to file a lift-stay motion to evict him. Second, let's play it safe. Assuming you are in NH, a lift-stay motion ought to be filed at the Bankruptcy Court in Concord. The Court has many motion forms online. I recommend retaining counsel just to be on the safe side because you want the non-paying tenant out of your house.
- Q. How long does a bankruptcy automatic stay last?
- A: For the duration of the case, unless the creditor brings a motion for relief from the automatic stay. Such a motion must be brought upon notice, providing the debtor with the opportunity to respond.
- Q. What happens if I am being sued and file for bankruptcy?
- A: A bankruptcy filing acts as an automatic stay against all collection activity. The creditors may not directly contact the debtor once the petition is filed. No letters, no telephone calls, nothing. Of course, the creditors may contact the debtor's attorney. This rarely happened in the cases I handled for debtors over the last 28 years.
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