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Questions Answered by William Foster
1 Answer | Asked in Bankruptcy for Arizona on
Q: I was told that lawyers fees ordered by family court can no longer be written off in a bankruptcy in Arizona.

If I owe my child's father lawyers fees from family court can those be written off in a bankruptcy?

William Foster
William Foster 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... Read more »

1 Answer | Asked in Bankruptcy for Colorado on
Q: Is there any way to file for bankruptcy so I can get rid of my college loans?
William Foster
William Foster 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... Read more »

1 Answer | Asked in Bankruptcy for Colorado on
Q: I would like to file bankruptcy on vehicle that is under me and ex-boyfriend.

Can my name be removed from the loan and the title of the car so I am not responsible?

William Foster
William Foster 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.

1 Answer | Asked in Bankruptcy and Consumer Law for Colorado on
Q: How do i report a storw in colorado that wont let me use bathroom i have IBS
William Foster
William Foster answered on Dec 28, 2017

Stores are not required to provide bathrooms to customers.

1 Answer | Asked in Bankruptcy for Colorado on
Q: As Chapter 7 filed equity for home exemption + realtor only. Now up $40k if $25k structural repaired. Who pays repairs?

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... Read more »

William Foster
William Foster 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... Read more »

2 Answers | Asked in Bankruptcy for Colorado on
Q: If wife and I file a chapter 7 will we lose our vehicle if the private party value is $15,500 in Colorado ?
William Foster
William Foster 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.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Filed chapter 7, received full no asset discharge. Now have a couple of collection agencies attempting to collect debts.

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?... Read more »

William Foster
William Foster 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.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: Are there any pro bono lawyers for first time filing of bankruptcy?
William Foster
William Foster 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... Read more »

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2 Answers | Asked in Bankruptcy for Colorado on
Q: I am a co signer on my daughters car. She is filing bankruptcy and will include the car. Will I still be liable?

I am scared I will end up getting sued for the amount. Is there anything I can do to protect myself?

William Foster
William Foster answered on Dec 28, 2017

The bankruptcy filing will have no impact on your obligation on the loan.

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2 Answers | Asked in Bankruptcy and Real Estate Law for Colorado on
Q: How do I clear an expired judgement lien in Colorado from 2010? Lien not renewed. Shows on court record as unsatisfied.

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... Read more »

William Foster
William Foster 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.... Read more »

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2 Answers | Asked in Bankruptcy for Colorado on
Q: If I file for bankruptcy, will the government go after my spouse's assets as well as my own?
William Foster
William Foster 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... Read more »

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