New Hampshire Bankruptcy

Bankruptcy is a legal process that helps individuals and businesses who owe more debt than they can pay to get relief. When filing bankruptcy in New Hampshire, you operate within the federal bankruptcy system, but your choice of exemption scheme (state or federal) can strongly influence what you keep. The state allows you to choose either its own exemptions or the federal ones.

To be eligible for New Hampshire exemptions, you must have lived in the state for at least 730 days (2 years) before filing. If not, you may be required to use the exemptions of your prior state of residence.

How to File Bankruptcy in New Hampshire

You may follow these steps to ensure compliance with bankruptcy procedures in New Hampshire. It is mandatory to complete a credit-counseling course with an approved provider before filing (within 180 days). All required documents, such as tax returns (past two years), recent paystubs, bank statements, a list of assets and debts, real-estate deeds, vehicle titles, and any pending lawsuits.

Choose a chapter and decide on an exemption scheme. Your petition and schedules should be filed with the District of New Hampshire, following local filing instructions for pro se or attorney submissions. Pay your filing fee or apply for installments/waiver if you are eligible.

For the cases in chapters 7, 12, and 13, the 341 Meeting of Creditors will be held virtually. Individuals with Chapter 11 cases may have their 341 Meeting of Creditors through the telephone. During the meeting, you must answer the trustee’s questions. Complete a debtor-education course, respond to trustee/court requests, and await either discharge or plan completion/confirmation.

New Hampshire Bankruptcy Types: Chapter 7, Chapter 11, Chapter 12, and Chapter 13

Chapter 7 (Liquidation)

This chapter applies to individuals who have limited income and assets. They may sell non-exempt property to repay creditors. Your exemption choice (state or federal) determines what property you may lose.

Chapter 11 (Reorganization)

For businesses and higher-debt individuals, this chapter helps them to reorganize their debts rather than liquidate.

Chapter 12

This chapter is exclusively reserved for family farmers or family fishermen.

Chapter 13 (Repayment Plan)

For individuals with regular income who seek to repay over 3-5 years rather than liquidate assets, this is an option. The repayment amount depends on the amount of non-exempt equity you have under your chosen exemption scheme.

Step in Filing For Bankruptcy in New Hampshire

The following checklist will assist you in filing for bankruptcy in New Hampshire:

• Complete your credit-counseling program
• Gather income, tax, asset, and other relevant records
• Choose a chapter and select the exemption scheme (state or federal)
• File petition and schedules
• Pay the filing fee or request relief
• Attend the 341 meeting of creditors
• Complete a debtor-education course
• Monitor the trustee or court communications until discharge or plan completion

New Hampshire Bankruptcy Court & Access to Records

Court Locations

The District of New Hampshire: The court district is located in Concord, a City and the capital of the state. The court provides access to its rules and forms on its website. For additional information, you can contact the court at:

Record Access

The U.S. Bankruptcy Court for the District of New Hampshire maintains court records relating to bankruptcies in the state. The PACER service provides online public access to most bankruptcy court records and documents nationwide. The service is free, but it requires a Pacer account. Users must pay a $0.10 fee to search and view the court case files.

You may search for bankruptcy case files through the Voice Case Information System (VCIS). This system is a free automated voice response system that provides callers with basic case details. Inquiries may take a few minutes to complete when individuals call (866) 222-8029 from any touch-tone phone. They may obtain information, such as the case number, debtor's names, chapter, trustee, debtor's attorney and phone number, assigned judge, business or consumer, asset status, among other details.

You may request certified documents from the Clerk’s Office. With a valid ID, you may visit the court to request records from the clerk. You must pay copy fees. The court also provides public access computer terminals in the Clerk's Office to view case and docket information.