If I owe my child's father lawyers fees from family court can those be written off in a bankruptcy?
answered on Dec 28, 2017
The obligation to pay the other party's legal fees related to a divorce case may be seen as a type of family support obligation. You are freeing up the father's income by taking over his obligation. It is an indirect form of family support. The same is true for any other debts you were... View More 
answered on Dec 28, 2017
Discharging student loans is very difficult unless you can prove undue hardship. To prove undue hardship you must file bankruptcy, list the student loans, and file a separate motion against the student loan provider. This will start an adversarial proceeding in bankruptcy court and the matter will... View More
Can my name be removed from the loan and the title of the car so I am not responsible?
answered on Dec 28, 2017
Yes, you will no longer be liable for the loan if you include the auto loan in the bankruptcy. Your ex will remaining liable. The bankruptcy will not affect the title to the vehicle. You should contact the DMV regarding removing yourself from title.
This is Colorado, I'm disabled. At time of Chapter 7 filing there was no equity in home beyond exemption + realtor fees even if home was in shape to sell. Since filing, Zillow shows additional $40k appreciation.
Structural and radon issue fixes would cost $25k. Who pays repairs? Even... View More
answered on Dec 28, 2017
The bankruptcy trustee will use the Fair Market Value of the home when deciding whether to list the property for sale. The trustee will send an appraiser to value the home. The appraiser will likely consider the repairs when valuing the home. If the home cannot pass inspection as a result of needed... View More
answered on Dec 28, 2017
The Colorado Vehicle Exemption is $7500 per individual. Unlike the exemption for homestead which attaches to the house, the vehicle exemption is in personam. Therefore, the combined exemption is $15,000.
These debts were listed in said bankruptcy. My attorney has quit practicing and I have gotten no information on anyone handling his clients. I do remember him stating an attempt to collect a debt after filing/ discharge was $1000 fine. If so who gets the $$$ when proved and who do I complain to?... View More
answered on Dec 28, 2017
An attorney can assist you in filing a complaint with the bankruptcy court for violation of the discharge order. Most attorneys, including myself, will represent these cases on a contingency basis. If proven, the court will determine the amount of damages you are entitled to.
answered on Dec 28, 2017
The only office in Colorado that provides free legal services does not represent bankruptcy filers. They mostly focus on leasing issues. There are several attorneys in the Denver area who offer reasonable fixed fees for simple chapter 7, my office included. I do not recommend using a petition... View More
I am scared I will end up getting sued for the amount. Is there anything I can do to protect myself?
answered on Dec 28, 2017
The bankruptcy filing will have no impact on your obligation on the loan.
Judgement lien awarded to creditor in August, 2010. The judgement/lien was never renewed. It is still showing as unsatisfied, but the SofL in Colorado for a judgement issued in county court is 6 years. Is there a way I can clear this judgement/lien from the court record since the debtor never... View More
answered on Dec 28, 2017
If you file bankruptcy, the judgment lien may be removed by filing a motion to void the lien with the bankruptcy court. The lien is not automatically removed by filing bankruptcy. Whether the lien can be voided in whole or in part depends on the balance of the lien, other encumbrances (e.g.... View More
answered on Dec 28, 2017
In general, the filing of your bankruptcy will have no impact on your spouse's separate assets. Only your individual assets and joint assets may be subject to liquidation. If a debtor recently transferred assets to a spouse (or any other insider) to avoid liquidation of those assets in... View More
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