New Hampshire Bankruptcy Records

Are Bankruptcy Records Public Information in New Hampshire?

Bankruptcy records are public information. The Freedom of Information Act (FOIA) makes records generated by federal agencies public. Interested parties may access and copy bankruptcy records from the bankruptcy court or through other channels. However, sealed bankruptcy records are not public. Only authorized persons may access sealed court records, including persons named on the record, the record holder’s attorneys, and other legal representatives. Certain government agencies can also access sealed bankruptcy records, but only for legal purposes or purposes relating to court proceedings.

The federal rules of bankruptcy procedure provide for personal privacy. Personal identifiers such as names of minor children, debtor’s social security number, financial account number, and tax identification number are not public information.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

• A complete name of the debtor involved in the record
• A bankruptcy case number

How to Get New Hampshire Bankruptcy Records

Requesting parties may get New Hampshire bankruptcy records by making in-person requests at the New Hampshire Bankruptcy Court Clerk’s office. The court charges $32 for record searches and $64 to retrieve a first box from the archives. Each additional box retrieval costs $39. The courthouse has public access terminals that requesting parties can use to search for and print bankruptcy records. The office is located at:

Warren B. Rudman U.S. Courthouse
55 Pleasant Street, Room 200
Concord, NH 03301

Printing copies of records accessed through the public terminal costs $0.10 per page. Other photocopies cost $0.50 per page. The New Hampshire bankruptcy court does not accept personal checks or credit cards from debtors. Interested parties may mail written requests along with required documentation and fees to:

US Bankruptcy Court
District of New Hampshire
Warren B. Rudman U.S. Courthouse
55 Pleasant Street, Room 200
Concord, NH 03301-3941

The New Hampshire bankruptcy court makes case records available online through PACER and the Voice Case Information System (VCIS). PACER (Public Access to Court Electronic Records) provides instant electronic access to federal court records. Requesting parties must register to use PACER and pay $0.10 per search page. PACER waives usage fees for parties who do not spend up to $30 in a quarter.

VCIS provides limited information about bankruptcy records through an automated voice system. Users must have a bankruptcy case number and case year to access bankruptcy records. Requesting parties can get the following information from VCIS:

• Debtor’s name
• Bankruptcy chapter
• Case status
• Asset status
• Debtor’s lawyer
• The last day to file a claim
• Case disposition

Filing for Bankruptcy in New Hampshire

Bankruptcy is a legal option available to New Hampshire debtors when debts become too large to repay. Bankruptcy law allows private individuals and corporate organizations to file for one of the different types provided by the US Bankruptcy Code. Regardless of the desired option, bankruptcy requires debt restructuring or asset liquidation. Petitioners may file for bankruptcy to reorganize their debt by creating repayment plans agreeable to their creditors. The plan allows applicants to pay debts in installments spread over a few years. Bankruptcy may also require the liquidation of all non-exempt assets and properties with received funds used to repay creditors. Regardless, each type of bankruptcy requires the debtor to meet some eligibility criteria.

State vs Federal

Bankruptcy follows federal rules and procedures as the state of New Hampshire has no authority over such cases. The United States Bankruptcy Court for the District of New Hampshire hears bankruptcy cases in the state. The court has a single location in Concord. Each petitioner must submit a complete application to the:

New Hampshire Bankruptcy Court
Warren B. Rudman US Courthouse
55 Pleasant Street
Room 200
Concord, NH 03301
Phone: (603) 222-2600
Fax: (603) 222-2697
Office Hours: 8:30 to 4:30 pm, Monday through Friday

Obtaining Records

The Bankruptcy Court Clerk maintains bankruptcy records and makes the records available to requesting parties. Requestors may also make phone requests using the Multi-Court Voice Case Information System (McVIS), to hear details read by a synthetic voice. In addition, New Hampshire bankruptcy records are obtainable by contacting the court in Concord or reaching out to the National Archive and Records Administration (NARA) for closed or old records. The information available on these records include the following:

• Debtor’s information, including a name and contact details
• A list of creditors
• Creditor’s name and contact details
• Bankruptcy case number
• The debtor’s properties and assets, including stocks, bank accounts, and real property
• Value of debts owed
• Nature of debt, whether secured or unsecured
• The type of bankruptcy filed
• Debtor’s income sources
• Trustee’s name
• Debtor’s attorney

All petitioners must satisfy certain conditions or meet some criteria before receiving approval from the New Hampshire bankruptcy court. Debtors may consider other bankruptcy options if they do not meet the requirements for their preferred type.

The New Hampshire bankruptcy court may dismiss bankruptcy petitions if the debtor submits an incomplete list of creditors, fails to pay filing fees without receiving an official waiver, or does not submit all required documents. The court may also deny a petition if the creditor is absent at a meeting of creditors or deliberately misrepresents the case to the court. In some cases, the court may allow the discharge of some debts but maintain that the debtor should satisfy others, as expected before the filing. The Bankruptcy Code also makes it compulsory for all petitioners to attend credit counseling anytime in the 180 days before submitting the application.

Additionally, no applicant may submit a bankruptcy filing within 180 days of an earlier petition if the latter was dismissed for a court violation, such as a willful failure to appear before the court or deliberately disobeying a court order. This time limit also applies to a petition considered deceitful or deliberate misuse of the bankruptcy system. The petitioner must also wait 180 days before another filing if the previous filing was dismissed at the petitioner’s request after the creditor asked the court to suspend the automatic stay.

What are New Hampshire Bankruptcy Records?

In New Hampshire, bankruptcy records comprise documents created during the pre-filing and post-filing processes of bankruptcy. Individuals or businesses in debt or those who can not meet financial obligations may file for bankruptcy. The bankruptcy process helps debtors gain debt relief by liquidating assets or creating repayment plans to pay creditors. Organizations that do not want to go the liquidation route may reorganize to pay back creditors in an orderly manner. Federal bankruptcy laws allow debtors to file different types of bankruptcy cases, depending on income level and other factors.

What Do New Hampshire Bankruptcy Records Contain?

New Hampshire bankruptcy records contain a variety of documents, from bankruptcy forms to petitions, orders, and financial information. Depending on the type of bankruptcy case a debtor files, bankruptcy records can contain different types of forms and documentation. In most bankruptcy cases, a requester can typically expect to find means testing results, debtor education and credit counseling certificates, bankruptcy forms, proof of claim, and other documents and information like:

• Bankruptcy case number
• Filing date
• Debtor’s full name and contact details
• Debtor’s employment and income statements
• A list of creditors and the amount owed to each creditor
• The creditors’ contact details
• Case status
• 341 meeting dates, venues, and transcripts
• Assigned trustee’s name
• Assigned judge’s name
• Bankruptcy discharge certificates

Where to Conduct a Free Bankruptcy Case Search in New Hampshire

Record seekers can conduct a free bankruptcy case search through any of the means listed below:

• Voice Case Information System (VCIS): This is a free automated voice response system that allows record seekers to call the United States bankruptcy court in New Hampshire to request bankruptcy cases information. Bankruptcy case information provided by the VCIS includes, but is not limited to, the case number, debtor's names, chapter, and assigned judge. Interested parties can use the VCIS by dialing the toll-free number (866) 222-8029. VCIS has access to numerous judicial databases. Therefore, a caller must indicate New Hampshire as their state of preference to perform a New Hampshire bankruptcy case search. Callers are typically given the option of searching by case number, debtor's name, or Social Security Number. Callers are generally allowed to make up to five (5) queries per call.
• Public Access to Court Electronic Records (PACER) case locator: This is the national index for the United States district courts, appellate courts, and bankruptcy courts. Interested parties can use the PACER case locator to search federal court case records, including bankruptcy proceedings. The PACER case locator requires users to either create an account or log in with their pre-existing account credentials to access records through its services. Although there is no cost to create an account, there are fees to access and print court records on PACER. The Judicial Conference policy, however, waives fees up to $30.00 for each quarter of the year for every user.

How Do I Find Out if My Bankruptcy Case is Closed in New Hampshire?

Interested parties may obtain bankruptcy case status information from bankruptcy records. The New Hampshire bankruptcy court provides case status information and bankruptcy records online through PACER. Users must register to use the online index of federal courts. New Hampshire residents may also request case status information in person at the bankruptcy court clerk’s office. Requesters may use the public access terminals available at the courthouse or submit requests to the bankruptcy court clerk.

VCIS offers case status information using an automated touch-tone system. New Hampshire residents may call (866) 222-8029 toll-free and follow the voice prompts to get case status and other information about a bankruptcy case.

Can a Bankruptcy Be Expunged in New Hampshire?

The bankruptcy process is subject to federal laws and the federal bankruptcy procedures do not make provisions for the expungement of bankruptcy records. It is important to note that expungement typically applies to criminal records and is subject to specific conditions. To restrict public access to a bankruptcy record, the record holder may petition the court to seal the record. If the court grants a sealing order, the bankruptcy record will no longer be accessible to the public. Only authorized persons have access to sealed records. Authorized people include persons named on the record, case attorneys, select agencies, and other persons with court authorization. State privacy laws do not apply to the bankruptcy process.

What is the Downside of Filing for Bankruptcy in New Hampshire?

The most severe downside to a New Hampshire bankruptcy application is the effect on the debtor’s credit score. The filing also remains on the debtor’s credit report for a long time. Per the Fair Credit Reporting Act, a Chapter 13 bankruptcy filing stays on the debtor’s credit report for up to 7 years or 10 years for Chapter 7 bankruptcy.

Credit card companies may discontinue offering services to persons who file for bankruptcy. These persons are also unlikely to qualify for financial aid from loan services or other related companies. Where debtors eventually secure financial aid, interest rates may be unfavorable.

A bankruptcy filing also lowers the debtor’s chances of employment and residency. In some cases, landlords and employers request credit reports of prospective employees and tenants and may reject persons with poor credit reports. Such persons applying for licensing in certain sectors may also be denied.

Although bankruptcy affords a breather to the petitioner, some debts are considered non-dischargeable by the bankruptcy code. Regardless of financial predicament, debtors must always comply with payments for child support, alimony, and criminal fines.

Another disadvantage of bankruptcy is the possible loss of assets and properties. For instance, petitioners who file for Chapter 7 bankruptcy must sell all properties and assets not covered by any exemptions.

Debtors should note that there are also several advantages to filing for bankruptcy. The following are a few upsides:

• Filing compels debtors to suspend collecting debts until the case is concluded. Bankruptcy also allows the debtor to repay these debts in more comfortable installments and for much longer than earlier required by the creditor.
• In some cases, the bankruptcy process may cancel certain debts. Some examples include personal loans, credit card debts, or medical debts
• Depending on the type of bankruptcy and debt value, the process may be over quickly. For instance, persons who file for Chapter 7 bankruptcy may begin rebuilding their credit score within a few months since this type requires immediate liquidation of assets.

What is Chapter 11 Bankruptcy in New Hampshire?

Chapter 11 bankruptcy requires debtors to settle debts by creating repayment plans. Also called reorganization or restructuring bankruptcy, this type of bankruptcy spreads the debtor's payment over a period agreed by creditors and the court. Chapter 11 bankruptcy allows businesses to repay debts in smaller installments and over longer periods, without suspending operations. Under this type, debtors are not required to sell off their assets and properties.

The Chapter 11 process can be very complicated because the court must approve the repayment plan, which should also be agreeable to the creditors. It may also take years before all unsecured debts are discharged and the case is concluded. Since there is no compulsory timeframe, completion may vary by the value and type of debt, the total number of creditors, as well as the creditor and court’s assent to the suggested repayment plan. Where the debtor’s plan is unfavorable, the creditor may reject some parts or propose a different plan.

Generally, Chapter 11 allows debtors to reduce obligations on secured debt such as mortgage or car payments. Persons may also renegotiate bad leases and reorganize applicable tax debts. Debtors filing for Chapter 11 bankruptcy must provide the court with the following information:

• A list of all the debtor’s liabilities and assets
• Statements detailing expenditure and income
• All executory contracts and unexpired leases

All types of bankruptcy also require the debtor to continue making payments related to taxes, student loans, personal injury debts, child support, and alimony.

What is Chapter 7 Bankruptcy in New Hampshire?

Chapter 7 bankruptcy orders the liquidation of the debtor’s assets and properties. Under this type, debts are not settled by filing a repayment plan or making payments in installments over several months or years. Instead, the debtor transfers all non-exempt assets to the bankruptcy trustee for immediate sale. Debtors must note that filing for Chapter 7 bankruptcy may cost the applicant most of their properties. As such, Chapter 7 bankruptcy may not be the most suitable for debtors in some cases. Additionally, this type of bankruptcy is not available to corporations or partnerships.

All interested debtors may file for Chapter 7 bankruptcy regardless of the debt amount. However, determining eligibility requires the applicant to pass the means test, which assesses the debtor’s income and compares it with New Hampshire’s median income. As of 2019, New Hampshire’s median household income was $86,900.

Debtors with incomes lower than the state’s current median may qualify easier than others. However, applicants with higher income may also qualify depending on other factors, including the specifics of the bankruptcy case. Each applicant must pay $245 to file the case, a miscellaneous administrative fee of $75, and a $15 trustee surcharge.

What is Chapter 13 Bankruptcy in New Hampshire?

Chapter 13 bankruptcy requires a repayment plan similar to Chapter 11. Debtors filing for Chapter 13 must also propose repayment suitable to creditors over multiple months. However, the US Bankruptcy Code restricts Chapter 13 bankruptcy to persons who earn regular wages.

Repayment under Chapter 13 usually takes between three and five years. The Bankruptcy Code states that the plan may last three years if the petitioner’s current monthly income is less than the New Hampshire median unless the court finds good cause to extend the plan. If the income is higher, the court may approve the plan for five years. However, no Chapter 13 repayment plan may stretch longer than five years.

The total size of secured and unsecured debt directly determines eligibility for Chapter 13 bankruptcy. Wage-earners may qualify for Chapter 13 bankruptcy if unsecured debt is less than $419,275 and secured debt is below $1,257,850. The applicant’s income should also be suitable enough to satisfy monthly payments under the restructuring plan.

What is the Difference Between a Chapter 7 and Chapter 13 Bankruptcy in New Hampshire?

Chapter 7 and Chapter 13 bankruptcy both help New Hampshire debtors to discharge debts in different ways. Some of these differences include:

• Repayment Method: Under Chapter 7, the trustee assigned to the case liquidates the debtor’s assets and properties and pays creditors using funds received from the sale. On the other hand, Chapter 13 bankruptcy allows the debtor and creditors to create an agreeable repayment plan, which allows the applicant to maintain ownership of their assets.
• Eligibility: A means test determines eligibility for Chapter 7 bankruptcy. The court must assess the petitioner’s income in relation to New Hampshire’s median income at the time of the filing. For Chapter 13, applicants are eligible if their secured and unsecured debt is under the set limit.
• Duration: The liquidation process required for Chapter 7 is sometimes quick, lasting only a few months. In some cases, courts may completely resolve Chapter 7 bankruptcy cases within six months or less. However, the Chapter 13 process is considerably longer, with repayment sometimes lasting up to five years.

What is Bankruptcy Protection in New Hampshire?

Bankruptcy protection refers to the automatic stay immediately activated when a debtor submits a bankruptcy petition. Upon filing, creditors must immediately stop efforts to collect debts or receive payments until the case is concluded or the court lifts the automatic stay. This means that creditors cannot foreclose or repossess the debtor’s assets or property until further notice. All creditors are notified of the filing by the court clerk immediately after the debtor submits a petition.

Under 11 U.S.C. § 362(b), the automatic stay is limited. Regardless of the bankruptcy protection, the debtor must make tax payments, satisfy child support and alimony obligations, as well as continue paying all fines related to criminal offenses or related court proceedings. Unless the court approves a motion for extension, debtors must note that the automatic stay may lapse after 30 days if the applicant has submitted a previous bankruptcy filing within one year. However, the court may lift the automatic stay for good cause.

What are New Hampshire Bankruptcy Exemptions?

New Hampshire bankruptcy exemptions protect debtors who file for bankruptcy from losing all their assets. Bankruptcy law allows the debtor to maintain ownership of all or parts of certain assets considered necessary to maintain a basic standard of living. Essentially, the New Hampshire bankruptcy court must ignore properties filed as exemptions under state law.

Debtors may choose between federal and state bankruptcy exemptions but cannot combine both. Under New Hampshire law, the following bankruptcy exemptions are available:

• Homestead Exemption

New Hampshire allows debtors to protect up to $120,000 using the homestead exemption. This covers residential property such as a condominium, manufactured house, or a house where the debtor lives. However, the exemption does not cover the land where the house is built if the debtor does not own the land.

• Motor Vehicle Exemption

Each applicant may use the motor vehicle exemption for one automobile to a maximum of $10,000.

• Tools of the Trade Exemption

Debtors who are business owners may protect tools of occupation up to $5,000

• Personal Property Exemption

New Hampshire’s personal property exemptions cover a wide range of personal property items. This includes $400 worth of fuel, jewelry worth $500, and books used by the petitioner or family members to an $800 maximum. The exemption also covers domestic fowls worth $300 and $3,500 worth of household furniture. Others include one sewing machine, a heating stove, a cookstove, necessary utensils, clothing, animals, military equipment, and a refrigerator.

• Wildcard Exemption

Interested persons may apply the wildcard exemption to any property, up to $1,000. The wildcard exemption also allows an additional $7,000 of unapplied exemptions for tools of the trade, jewelry, motor vehicle, fuel, furniture, and books.

• Public Benefits and Retirement Accounts Exemption

This covers ERISA retirement accounts, including 401(k), IRA, pension accounts, 403(a) and (b) annuity, and other related plans. The exemption also covers public assistance, unemployment compensation, workers’ compensation, and benefits for public employees, police officers, and firefighters.

What are the Other Types of Bankruptcy in New Hampshire?

New Hampshire also offers Chapter 12 bankruptcy to family fishers and farmers who have regular annual income. Chapter 12 bankruptcy is similar to Chapters 11 and 13 as debtors also create repayment plans that last between three to five years.

Chapter 12 bankruptcy is available to individuals, couples, partnerships, or corporations. For an individual or a couple, the total debt - including secured and unsecured - should be a maximum of $1,924,550 for a commercial fishing operation and $4,153,150 for a farming operation. In addition, 50% of the total debt must be from the business if the petitioner is a family farmer. Family fishers only qualify if 80% of the total debt is related to their fishing operations.

More limitations apply to corporations or partnerships filing for Chapter 12 bankruptcy. For instance, one family - with or without relatives - must own more than half of the outstanding equity or stock in the partnership or corporation. Also, corporations issuing stock cannot qualify if the stock is publicly traded.

How Much Does It Cost to File Bankruptcy in New Hampshire?

The cost to file bankruptcy in New Hampshire depends on the chapter of bankruptcy one wishes to file. According to the fee schedule followed by the United States bankruptcy courts of the district of New Hampshire, each chapter of bankruptcy has its unique petition fees. These fees are as follows:

• Chapter 7 - $338.00
• Chapter 9 - $1,738.00
• Chapter 11 - $1,738.00
• Chapter 12 - $278.00
• Chapter 13 - $313.00
• Chapter 15 - $1,738.00

If the bankruptcy petitioner wishes to file for a chapter 7 bankruptcy and cannot afford the chapter’s filing fee in full or in installments, they can request a filing fee waiver. A bankruptcy petitioner can only qualify for the waiver if their income is less than 150% of the official poverty line applicable to the size of their family. Interested persons can obtain information regarding the poverty guideline on the UScourts website and the Health and Human Services website. A bankruptcy petitioner can request a chapter 7 filing fee waiver by completing an application and filing it with the federal court’s clerk.