Theresa Spearing

Theresa Spearing

Douglas, Leonard & Garvey, P.C.
  • Bankruptcy, Divorce, Estate Planning...
  • Massachusetts, New Hampshire
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Summary

A life-long New Englander, Theresa was born and raised in Massachusetts and has lived in New Hampshire for the past 23 years. Attorney Spearing graduated from Rivier College in Nashua, New Hampshire in History and Political Science. After graduating from Rivier Theresa attended Law School at the University of New Hampshire School of Law, formally known as Franklin Pierce Law Center in Concord, New Hampshire. While at UNH School of Law, Attorney Spearing received her Juris Doctor and a Master's in Intellectual Property Law in Copyright and Trademark Law. Prior to joining Douglas, Leonard & Garvey, Theresa had her own law firm since 2008. Theresa focuses her practice in the areas of Family Law, Estate Planning and Bankruptcy. She believes that these practice areas work hand in hand with each other to give her clients thorough representation. Theresa is licensed to practice law in New Hampshire and Massachusetts. Theresa has received a “Preeminent” rating based on client reviews, the highest available in Martindale-Hubbell Directory, a nationwide publication which independently rates lawyers.

Practice Areas
  • Bankruptcy
  • Divorce
  • Estate Planning
  • Family Law
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Massachusetts
New Hampshire
Languages
  • English: Spoken, Written
Professional Experience
Attorney
Douglas, Leonard & Garvey, P.C.
- Current
Owner/Attorney
Law Office of Theresa M. Spearing
-
Attorney
Nicosia & Associates, P.C.
-
I left for approximately one year and then went back to this firm.
Attorney
The Law Office of Louis S. Haskell
-
Attorney
The Law Office of Gary M. Horwitz
-
Education
University of New Hampshire School of Law
J.D. / J.D. & Masters Intellectual Property (2002)
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Rivier College
B.A. / History & Political Science (1999)
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Honors: Cum Laude
Professional Associations
State Bar of New Hampshire # 20177
Member
- Current
State Bar of Massachusetts # 660076
Member
- Current
Publications
Articles & Publications
Practical Solutions that Address Bankrutpcy Client's Major Fears
New Hampshire Bar News
Proper Deed Drafting Can Prevent Post-Mortem Home Seizure
New Hamsphire Bar News
Certifications
Mediation Skills for Intellectual Property & Commercial Disputes
The John Paul Jones Group
Websites & Blogs
Website
Legal Answers
8 Questions Answered

Q. Can my car's title holder still repossess my vehicle if I've filed for bankruptcy?
A: If you file a Chapter 7 that will slow the process of repossession down because there is an automatic stay imposed which prevents creditors from collecting and in your case repossessing the vehicle temporarily. However, the lender will likely file a Motion to Lift the Automatic Stay and unless you object and can work out a deal with the lender to get caught up on the payments the automatic stay will be lifted and they can repossess the vehicle. If you file a Chapter 13 and put your arrears in a payment plan and continue to follow the plan and make all the payments you can keep your car.
Q. A self approved will written in the year 2012 New Hampshire does it need to be notarized to be legal or just signed by 2
A: Yes, in order for a Self-Proved Will to be valid in New Hampshire it must be notarized. RSA 551:2-a Self-Proved Wills outlines the requirements: I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a notary public or justice of the peace or other official authorized to administer oaths in the place of execution, as follows: The foregoing instrument was acknowledged before me this __________ (day) by ___, the testator; ___ and ___, the witnesses, who under oath do swear as follows: 1. The testator signed the instrument as the testator's will or expressly directed another to sign for the testator. 2. This was the testator's free and voluntary act for the purposes expressed in the will. 3. Each witness signed at the request of the testator, in the testator's presence, and in the presence of the other witness. 4. To the best of my knowledge, at the time of the signing the testator was at least 18 years of age, or if under 18 years was a married person, and was of sane mind and under no constraint or undue influence.
Q. Court order says my ex has 120 days to remove his things from my property. It's been 150 days, can I keep them or toss?
A: If your Order specifically states that you can keep the items for yourself or toss them away if he does not remove them within 120 days, it would not do either. Your ex is in violation of the Order and you must file a Contempt against him to get him to remove his things. I understand it is frustrating that you have to take further steps to get him to obey the Order so prior to filing a Contempt you should make every attempt to communicate with him about your intentions to file. Perhaps that may motivate him to get his things out of your property and save you time and money.
Q. Are student loans borrowed from a private lender (not the federal government) subject to the same exemptions from
A: Private student loans may be dischargeable if certain criteria are met. The debtor must file an adversary proceeding against their creditor and meet the standards in what is called the Brunner Test. In Brunner v. NewYork State Higher Education Services Corp No. 41, Docket 87-5013 outlines the requirements, (1) that the debtor cannot maintain, based on current income and expenses, a "minimal" standard of living for herself and her dependents if forced to repay the loans; (2) that additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and (3) that the debtor has made good faith efforts to repay the loans.
Q. My Uncle passed away with no will
A: If you are the beneficiary of his life insurance, the life insurance provider will contact you for that payout. If he does not have an executor over his estate or a Will you can file a Petition for Estate Administration to become the Administrator of his estate. When someone dies without a Will the proper term is Administrator rather than Executor. You need to petition the court in the county your godfather lived in. If no one objects to your appointment then you can act on behalf of his estate as Administrator. If you are appointed you will be able to access his personal information such as his social security number.
Q. Is there a minimum amount of debt I need to have accrued to be able to file for bankruptcy?
A: No there is no minimum amount of debt required in order to file for bankruptcy; however before you consider filing for bankruptcy it is important to determine whether you can pay the owed debt without the need to file. If you cannot pay off your debt within a reasonable amount of time and without incurring high interest rates, then bankruptcy may be the best option for you.
Q. A Temporary Divorce Decree was Issued, Can I cancel Joint Credit Cards?
A: Credit card companies are not bound by the terms of your temporary order assigning debt to your soon-to-be-ex-spouse. Since you are ordered responsible for your own finance and credit cards you should obtain a detailed record of what your soon-to-be-ex-spouse is charging and file a motion with the court to obtain permission to cancel the joint credit cards and delineate in your motion the debt that has been incurred since the Temporary Decree was issued. If your soon-to-be-ex-spouse fails to follow that order, you can file a contempt and usually be entitled to reimbursement or damages if you end up having to pay the debt.
Q. The mother of my minor children is planning to move out of state with my children without my consent.Do I have rights
A: Yes you have rights. If you have a Parenting Agreement it should specify the parameters of moving children out of the Commonwealth. If you have only a Child Support Order without a Parenting Order, it is in your best interest to file a Parenting Petition with the court in order to preserve your rights. If you gain a Court Order for parenting, she would need either a Court Order or your consent to move the children out of the state. If she petitions the court to move them out of the state, she would need a compelling reason that is in the children's best interest (i.e. extensive family ties, a job). You should consult with an attorney who specializes in family law and custody to gain a broader perspective of your specific case. You can contact me at Douglas, Leonard & Garvey, P.C. at 603-224-1988.
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Contact & Map
14 South Street, Suite 5
Concord, NH 03301
USA
Telephone: (603) 224-1988