Nashua Legal Issues Blog

Follow these tips to stop foreclosure

On behalf of Law Office of Paul Petrillo posted in Debt Relief on Monday, October 14, 2019.

Receiving a foreclosure notice in the mail will make your stomach sink. Depending on the situation, you may have reason to believe that your lender will repossess your home sooner rather than later.

These tips can help you stop the foreclosure process with the idea of remaining in your home:

Own up to the problem: Don't hide from your lender, but instead stay in touch with them to prove that you want to make things right. Ignoring the problem won't make it go away.
Talk to your lender about your options: Your lender can discuss things such as a mortgage modification, which may be just what you need to get back on track. For example, they may agree to tack on missed payments to the back end of your loan.
Review your loan documents: This will give you a clear idea of what your lender can and can't do, which should help you formulate a plan for proceeding.
Learn more about bankruptcy: It's not the right solution for every homeowner facing foreclosure, but the automatic stay can give you the time you need to figure things out.
Don't fall prey to a scam: There are a variety of firms out there claiming they can help prevent foreclosure but, in all reality, they're trying to scam you out of your money. If this happens, your financial situation will take another turn for the worse.

Can you stop wage garnishment?

On behalf of Law Office of Paul Petrillo posted in Chapter 7 on Thursday, October 10, 2019.

If you have a large amount of unpaid debt, it's possible that a creditor could attempt to garnish your wages. If they receive a legal judgment, a portion of your wages will be withheld and paid to the creditor until your debt is paid off.

Although the federal Consumer Credit Protection Act (CCPA) caps garnishments sought in federal court at 25 percent of your weekly disposable income, it will still impact your finances.

Practical considerations for your home in a New Hampshire divorce

On behalf of Law Office of Paul Petrillo on Monday, October 7, 2019.

The home that you shared with your spouse may be one of the biggest concerns you have when ending your marriage. Your home represents hundreds of thousands of dollars worth of income and labor.

From the financial equity you developed by paying your mortgage on time every month to the sweat equity you accrued by adding a beautiful back porch or replacing outdated fixtures with new ones, your home represents a substantial investment. For many people, the home they shared with their spouse can also be an emotional asset that holds a lot of value because of the memories that they made there.

Does Chapter 7 bankruptcy discharge all your debt?

On behalf of Law Office of Paul Petrillo posted in Debt Relief on Thursday, October 3, 2019.

There are many reasons to file for Chapter 7 bankruptcy, including the ability to discharge debt. By doing so, you're able to eliminate some of the bills that are weighing you down, thus giving you a fresh financial start.

However, it's important to understand that you can't discharge all your debts in Chapter 7 bankruptcy. Here is a list of the debts that typically cannot be discharged:

Any debts not listed on the schedules filed at the beginning of your case
Student loan debt
Local, state and federal taxes
Spousal support
Child support
Government imposed penalties
Court fees
Debts associated with certain types of pension plans
Debts associated with a personal injury or wrongful death lawsuit
Debts that were not dischargeable in a previous bankruptcy filing

Sarah Palin files response to husband's divorce filing

On behalf of Law Office of Paul Petrillo posted in Divorce on Thursday, October 3, 2019.

Even when a married coupe has many years under their belt, this does not mean that there relationship is indestructible. In fact, some spouses in New Hampshire and elsewhere will end their union after decades of marriage. This can make for a complex process, as this means sorting through numerous divorce issues. Doing this in front of the public eye can further complicate the process, as celebrities and public figures must deal with tabloids and public opinion on this sensitive matter.

According to recent reports, former Alaska Gov. Sarah Palin filed her counterclaim to her estranged husband's divorce filing. This response occurred after her husband of 30 years filed for divorce on his 55th birthday. In this petition, he seeks joint custody of their 11-year-old son. The couple's four other children are adults.

Child custody tips to follow during the holidays

On behalf of Law Office of Paul Petrillo posted in Child Custody on Tuesday, September 24, 2019.

With the holiday season getting into full swing at the end of October, it's important to turn your attention to child custody-related matters. The sooner you get on the same page as your ex-spouse, the easier it is to organize your holiday schedule to provide your children with the experiences they deserve.

Here are three child custody tips to help reduce tension and arguments during the holidays:

Celebrate together: It's not always easy to do, but celebrating together is a great way to provide your children with an unforgettable experience. For example, maybe you and your ex both take your children trick or treating on Halloween.
Plan in advance: Don't wait until the last minute to discuss your holiday schedule and plans with your ex. By talking things through in advance, you can agree to a schedule that suits all parties.
Be flexible: Even if your parenting plan outlines how to approach the holidays, flexibility is critical to your success during this busy time of the year. For example, if your ex asks to change their visitation dates, review your schedule to see if there's any way to accommodate it.

How does New Hampshire determine child support amounts?

On behalf of Law Office of Paul Petrillo on Monday, September 23, 2019.

A divorce ends your legal connection and obligation to your spouse. However, it does not end the obligation to your children, unless you have been providing financial support for stepchildren during the marriage.

Your biological children, along with stepchildren or unrelated children adopted during your marriage, will likely require child support during and after the divorce. Typically, child support obligations last until a minor turns 18, although there are certain exceptions to that rule. That means that there may be a decade or more of child support obligations that follow your divorce.

How does a premarital agreement help with property division?

On behalf of Law Office of Paul Petrillo posted in Divorce on Sunday, September 22, 2019.

Although it is not a pleasant thought to consider, the reality is that divorce occurs rather frequently in society. Couples in New Hampshire and elsewhere divorce at a rate of nearly 50%, which makes couples seeking to wed to seriously consider the possibility that the marriage might fail. While this is a negative thought to have even before "I do" is said, it is actually a very valuable and beneficial to discuss a prenuptial agreement.

How does a premarital agreement help with property division? Because property division is often the most contentious issues during the divorce process, a prenup often seeks to outline what property is considered marital and what will remain separate.

How do you plan on asking for a prenuptial agreement?

On behalf of Law Office of Paul Petrillo posted in Divorce on Friday, September 20, 2019.

Asking for a prenuptial agreement in the months leading up to your wedding day is sure to bring some stress to your life. However, if you take the right approach, you can get your feelings out in the open so that you and your partner can decide what to do next.

Simply blurting out that you want a prenuptial agreement is not the best idea. Instead, you need to take some key steps:

Never issue demands: Telling your partner that they have to sign a prenuptial agreement is only going to drive them away. Rather than issue demands, have an honest conversation about your reasons for wanting a prenup and your fears.
Don't just speak, listen: There's nothing wrong with speaking up, but you also need to listen. Your partner may have concerns about signing a prenuptial agreement. They may not even understand what it entails. When you listen, you're able to better put your partner's mind at ease.
Try again at a later date: If you leave yourself enough time to work through the details of your prenuptial agreement, you can always shelf the conversation and come back to it later.

Things to consider when communicating with your divorcing spouse

On behalf of Law Office of Paul Petrillo on Tuesday, September 17, 2019.

Communication is key when you are going through a divorce. The way that you communicate during this time can either help or hinder you. In an ideal situation, you will be able to be civil with your divorcing spouse, and you'll be able to have sensible conversations about issues such as child custody and property division.

However, rarely is divorce communication so simple. You are likely to encounter difficulties when trying to reach compromises with your divorcing spouse, and you may find that any interaction that you have quickly escalates into toxic behavior.