The most important element here is whether you personally guaranteed the business debt. If you did, the business bankruptcy won't wipe out your personal obligation to pay that debt. If the business is solely liable for the debt, which is very rare, there isn't any reason your personal... View More

This is going to depend on the nature of the annuity payments. If the annuity is a qualified retirement account, it's protected in bankruptcy. If it's some other form of financial product, the annuity might not be safe. Have your parents schedule a free consultation with a local... View More

1. Ask your lawyer.

2. If you don't have a lawyer and the Trustee's filed a report of no distribution, pay your court filing fee, file the Debtor Education Certificate, and wait for the case to close on its own. Because Trustees in CO don't routinely file motions to abandon... View More

If you are involved in an auto accident and you don’t have insurance, your driver’s license can be suspended under Colorado’s Motor Vehicle Financial Responsibility Law. In order to have your license reinstated, you’ll need to obtain insurance and get into a payment plan for the damages... View More

In Colorado, many bankruptcy attorneys will provide you with a free consultation. During this consult, you'll let them know about your circumstances and the attorney will explain the various options including the different forms of bankruptcy. A free consult with a lawyer is your first step... View More

There aren't a lot of good options here, but if your mother had estate planning documents like a will or a trust, they should be examined by an experienced bankruptcy attorney to see whether they contain language which might shelter some or all of the inheritance (a spendthrift provision).

I have seen an order dismissing a case where a spouse was sued under the family purpose doctrine for medical debt. However, I also recall that there's a state court judge who has held that a spouse can be liable for medical debts. There's not a lot of case law either way, so you should... View More

You need to consult with an attorney for an in-depth answer because there are several different exemptions which might apply. That said, here is part of a decision in a Colorado bankruptcy case (Case:17-13786-JGR Doc#:35) which sets out some of the relevant law:

C.R.S. § 38-41-201.6 was... View More

It would be best to list it as an executory contract. When in doubt, disclose. She'll get notice about the bankrutpcy, so you might want to give her a heads up if she doesn't already know. As long as you're only making normal monthly rent payments and you haven't made any... View More

While they don't have to, bankruptcy trustees have been leaving stimulus money alone.

If you file before any bill passes providing for a second round of stimulus, that money would not be part of the bankruptcy estate.

Additionally, the CO legislature is working on a bill to... View More

While Trustees have been strongly encouraged to leave it alone, there is nothing that prevents the trustee from taking the stimulus money from you if you still have it at the time the case is filed. You should spend the money on living expenses or paying your attorney's fees and keep receipts.

While Trustees have been strongly encouraged to leave it alone, there is nothing that prevents the trustee from taking the stimulus money from you if you still have it at the time the case is filed. You should spend the money on living expenses or paying your attorney's fees and keep receipts.

You may not have violated the stay, depending on whether you were listed as a creditor in the bankruptcy and what sort of notice went out. However, the money you received was part of the bankruptcy estate if the check cleared after the case was filed, and it is plausible that the bankruptcy trustee... View More

If your bankruptcy trustee uses their system, you can get details about how the funds in your case were disbursed by logging into https://www.ndc.org/home. Because debts are paid in a specific order, some of your creditors may not have received any money because higher priority creditors get paid... View More

I can't speak to the exact procedure in Oregon, but it's probably done by bringing an adversary proceeding to have the debt determined to be nondischargeable. You'll need an attorney for this.

Yes, you can file your own bankruptcy without your spouse. However, if you're living in the same household the court is going to be interested in his income to determine whether you qualify for Chapter 7.

You should also be aware that in many states, spouses can be held responsible for... View More

Stop the garnishment and then consult with a local creditors attorney to find out whether the debt is actually dischargeable in bankruptcy. If not, the attorney can let you know whether it's worth the time, effort, and money to pursue the issue further through the bankruptcy court.

Check with your local legal aid office about filing a motion to reopen your case so that you can file the certificate. This way you don't need to start over and have two different bankruptcy cases on your credit report. They can also help you with an application for a fee waiver.

If you had a claim against a third party on the day the case was filed, that is an asset which is probably property of the bankruptcy estate. This means that the lawsuit isn't yours to settle. Your attorney in the suit will need to coordinate with the trustee to settle the claim. Part of the... View More

Title companies often screw up bankruptcy questions, but I think they're right here. Until the case is closed, the home remains property of the bankruptcy estate and isn't yours to sell. The Trustee's Report of No Distribution doesn't affect this. Maybe there's a different... View More