I only signed contract with the contractor and he is bankrupt now. what should I do?
answered on Jan 10, 2023
I agree with Mr. Greer. Additionally, if the contractor violated the trust fund statute, you can have the debt declared non-dischargeable by the bankruptcy court and get triple damages and attorney fees.
answered on Nov 11, 2022
Company B is likely just the servicer and not the actual note holder. This happens routinely and and is generally nothing to worry about.
I see debt following me to purgatory or heaven. I want to retire but afraid of debt. I am just looking for general answer. I plan on seeing an attorney next week but wanted general answer
answered on Oct 21, 2022
There's not nearly enough information here to advise you of your options. I suggest you get a consultation with an experienced bankruptcy lawyer - most of us will give you a free consultation.
There is an irrigation canal behind our subdivision with a road alongside it that we often use to walk our dog. Sometimes we need to get home faster from the walk, so we asked a homeowner whose driveway connects up with the canal road if we can use his driveway to cut through occasionally and get... Read more »
answered on Jul 22, 2021
The question comes down to who owns the property and who merely has certain rights to use it. Most of the time, though not always, one party is the owner and the other two have easements allowing them to use the owner's road or driveway. I suggest you find out from a title company or a trip to... Read more »
We were handed 4 year of very steep penalties tried to be very honest with the state of Colorado but they said we still have to pay 44000 in penalties. Is there something that a lawyer could do to help us??
answered on Feb 26, 2021
Your penalties may be dischargeable in a Chapter 13 bankruptcy depending on how old they are, whether you filed the returns on time and whether a tax lien was recorded. Other factors need to be considered (e.g. your income, assets, other debt, etc.) Check with an experienced bankruptcy lawyer as... Read more »
My siblings and I own property in Colorado together with our now deceased brother. However, we don't know if our brother's wife and/or children still have rights to the property. We'd like to get our brother off of the deed. How can we tell if it went through probate already as... Read more »
answered on Feb 24, 2021
Check ownership of the Colorado property with the county assessor. If it was held as tenants in common, his share passes to your brother's estate and whatever arrangements he made. If it is held as joint tenants with right of survivorship, his interest expired upon his death and the... Read more »
They refuse to draw up a will. I want to do everything possible to insure that their home and assets are protected from the government.
They are 88 & 91.
answered on Jan 6, 2021
There many ways to do this including a trust. The simplest and cheapest way is to have them execute and record a beneficiary deed to their heirs. The heirs would have no present interest in the property, but upon the death of the last one, the home would pass to the heirs by operation of law and... Read more »
answered on Oct 30, 2020
First, you must list all debts including your car loan. If it is like most auto loans, it is probably none of these. You should consult with a bankruptcy attorney.
It's our primary residence and my husband (age 64) is the sole owner/mortgage holder.
answered on Sep 18, 2019
You may be able to avoid this lien in a bankruptcy. Since your husband is over 60, the home is entitled to a $105,000 homestead exemption. If your equity does not exceed this amount, a bankruptcy would allow you to keep the home and lose the lien. There may be other factors involved, so check with... Read more »
I am going to refinance my Colorado house but the title company says I have to amend my quitclaim since the deed was originally under my name and her maiden name. The quitclaim deed was signed under her married name. I have no idea where my ex-wife is to file an amended quitclaim deed. If I need... Read more »
answered on Jun 4, 2019
You may need a quiet title action, but I would try something else first. See if the title company will accept a certified copy of the divorce decree showing the name change. Alternatively, you might file a CRCP Rule 70 motion to ask the court to execute the correction deed in her name.
I know if happened in Boulder in 1980. but I cannot find any other information. I would love to know the name of the case, and even some details about who brought it to court, and how the decision was made. Do you have any advice on finding this kind of information? Thank you!
answered on Mar 5, 2019
The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below.... Read more »
answered on Nov 9, 2018
You can amend the schedules at any time during (and even after) the case. It's better to do it before someone else discovers the oversight so you can't be accused of being dishonest.
Active Duty Army. Returned to Fort Carson and own a home in Peyton, CO. My family desperately needs to move back in, but my property manager said that we have to wait until the lease is up (April 2019). What are my options?
answered on Nov 9, 2018
The lease gives the tenants the right to possession until it expires. Unless they violate some covenant of the lease, you will have to wait.
answered on Oct 18, 2018
Yes you can. However, you must disclose all such transfers. If you did not get equivalent value in return, the bankruptcy trustee can sue the person you transferred the property to and make them give/pay it back. If you don't disclose all such transfers, you will have committed a federal felony.
According to U.S.S.C. 523 (a) (16) I did not have the intention to keep the house. The bank foreclosed on the house in 2012 and removed the foreclosure 2 months later. They later foreclosed again in 2015 and sold the house. The HOA is using a debt collector to attempt to take $3800 that was... Read more »
answered on Oct 1, 2018
I respectfully disagree. You are liable for post petition fees as long as title is in your name. It sounds like the first foreclosure never went to sale, so you still held legal title until the second sale was completed.
Both businesses are now defunct. How do I have them removed?
answered on Sep 13, 2018
You should have required releases upon payment (I'm sure you know this). A lawsuit to foreclose any mechanics lien must be filed no later than 6 months after the work is completed or the lien expires. Even if not paid, these liens would have expired long ago and you should not have to do... Read more »
of the rental property gave permission to the adjacent landowner to use the 10 feet strip of the rental property? The 10 foot strip is outside of the 6 foot tall privacy fence for the rental which has been in place for several years.
answered on Aug 23, 2018
Generally, the tenant has the right to exclusive possession of the entire rented premises. I would need to see the lease to be sure, but the neither the owner nor a third person can violate the tenant's right of possession unless that area was excluded from the leased premises.
So, the consigners aren't covered under the LLC?
answered on Aug 6, 2018
Any bankruptcy filing must include all your assets and all your creditors. There is no such thing as a selective bankruptcy.
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