Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kevin Scott Neiman
2 Answers | Asked in Bankruptcy for Colorado on
Q: If I file for bankruptcy, do I choose which chapter to file myself?
Kevin Scott Neiman
Kevin Scott Neiman answered on Aug 10, 2018

When you file for bankruptcy you need to evaluate your situation carefully, weigh the alternatives, and determine with the help of a lawyer the Chapter that best suits your case.

View More Answers

3 Answers | Asked in Bankruptcy for Colorado on
Q: I owned a consignment store. Do I have to file bankruptcy on each consigner I owe money to? I am in the process.

So, the consigners aren't covered under the LLC?

Kevin Scott Neiman
Kevin Scott Neiman answered on Aug 13, 2018

You must include all debts to any debtors. Any debts that are dischargeable will most likely be discharged if your bankruptcy is successful.

View More Answers

2 Answers | Asked in Bankruptcy for Colorado on
Q: I was injured in a car accident a couple years ago and suffered a brain injury that makes it impossible for me to work

as a doctor, which is what I went to school and took loans out for. Would that qualify for a discharge of students loans in a bankruptcy proceeding?

Kevin Scott Neiman
Kevin Scott Neiman answered on Aug 11, 2018

Getting your student loans discharged is more difficult than a straight bankruptcy, so only someone who’s really familiar with it can offer counsel and represent you in court. You can find reputable attorneys by asking for a referral from someone you trust. Or, you can look at online reviews of... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Colorado on
Q: In 2012 I filed for a BK chapter 7. Included was a piece of land in Ashville NC. The mortgage stopped sending me bills.

The state of NC wants me to pay the tax bill. They are willing to sell the lien at auction but the attorneys are saying that I have to pay whatever they charge.Can the mortgage company not change the title to their name so that I am responsible. I have sent the attorneys my BK papers. Thank you xx... Read more »

Kevin Scott Neiman
Kevin Scott Neiman answered on Jul 20, 2018

Your Bankruptcy Chapter 7 discharge wipes out the obligation to pay back the loan; however, it doesn’t eliminate the mortgage lien. The tax laws are far too complicated for borrowers to understand and it's essential to get expert tax advice to sort through the confusing complications.

View More Answers

2 Answers | Asked in Criminal Law for Colorado on
Q: I faked a judge's autograph and sent a subpoena, is that a crime?

I have a protection order on me, can I buy a gun?

Kevin Scott Neiman
Kevin Scott Neiman answered on Jul 21, 2018

Yes, that is the crime of forgery.

According to Colorado state law, as part of a protection order due to domestic violence, stalking, sexual assault, physical harm/threats or abuse of the elderly, the judge can order that the abuser not have or buy any firearms or ammunition for the...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Colorado on
Q: Do child support obligations disappear if you file for bankruptcy? I really can't afford them.
Kevin Scott Neiman
Kevin Scott Neiman answered on Jul 21, 2018

Child support payments usually cannot be discharged in bankruptcy. This means that if you owe child support, you cannot escape this duty by filing for bankruptcy.

View More Answers

2 Answers | Asked in Bankruptcy for Colorado on
Q: Is there a simple way for me to check to see if I qualify for a Chapter 7 bankruptcy or do I have to speak to an

attorney upfront?

Kevin Scott Neiman
Kevin Scott Neiman answered on Jun 27, 2018

If your income is less than the median income for a household of your size in your state, you can file for Chapter 7.

If not, things get complicated. You can try filling out the means test forms that are available online on the U.S. Bankruptcy Court’s website -...
Read more »

View More Answers

3 Answers | Asked in Bankruptcy for Colorado on
Q: What can you do if your employer deducts from your paycheck for garnishment before the date they stated it will begin.

I received a writ of garnishment notice from my employer stating they will start deducting from my paycheck on the 15th of this month. I have not received anything regarding this writ of garnishment before this. My employer actually deducted 80% from my last paycheck for this garnishment. I am... Read more »

Kevin Scott Neiman
Kevin Scott Neiman answered on Jul 9, 2018

You can protest a wage garnishment by filing papers with the court to get a hearing date where you can present evidence that you need more of your paycheck to pay your expenses or that you qualify for an exemption. The judge can terminate the garnishment or leave it in place.

View More Answers

2 Answers | Asked in Bankruptcy for Colorado on
Q: Can my car be repossessed if I file for bankruptcy? It's my only source of income, so I don't want to dig myself in

deeper if I'll lose it after bankruptcy.

Kevin Scott Neiman
Kevin Scott Neiman answered on Jul 9, 2018

The bankruptcy will most likely help you keep your car, but how you keep it may depend on which chapter you file. If you file Chapter 13 bankruptcy, you can pay off defaulted payments on the loan within 3 to 5 years. If you file Chapter 7 bankruptcy, you will need to negotiate payment arrangements... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Colorado on
Q: I'm behind on my mortgage payments due to being laid off. Will I lose my house if I file Chapter 7? Should I do a

Chapter 13?

Kevin Scott Neiman
Kevin Scott Neiman answered on May 29, 2018

You can catch up on your missed mortgage payments by filing for Chapter 13 bankruptcy. If you file for Chapter 13 bankruptcy, your lender can no longer proceed with the foreclosure, and you can cure your default.

2 Answers | Asked in Bankruptcy for Colorado on
Q: I'm behind on my mortgage payments due to being laid off. Will I lose my house if I file Chapter 7? Should I do a

Chapter 13?

Kevin Scott Neiman
Kevin Scott Neiman answered on May 21, 2018

Filing for bankruptcy when you’re behind on the mortgage creates some risk better not left to the discretion of the lender. Your lender may either demand that you get caught up right away or ask the court for permission to start the foreclosure process.

It's wise to talk to an experienced...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy and Legal Malpractice for Colorado on
Q: I need clarification. My atty filed a bankruptcy appeal and says she's working pro bono and that I am confused.

I need clarification on a question. My ex and I hired an atty to reopen a bankruptcy to include a PI case. She filed an appeal then sent contracts. When I ask questions she sends long emails and threatens to make me act as my own atty but won't answer my questions. She told my ex she is working... Read more »

Kevin Scott Neiman
Kevin Scott Neiman answered on May 6, 2018

A good attorney will give his or her preliminary assessment of the case, go over fee arrangements, and discuss with the client whether the case makes sense for the attorney-client team.

You want a lawyer you feel comfortable with. Someone who responds to you with intelligence and...
Read more »

2 Answers | Asked in Bankruptcy for Colorado on
Q: Do I have to pay off CH 13 creditors if I sell my house and have the proceeds from the sale?

We are selling our home and just got our Ch 13 plan confirmed. Do we have to pay off the entire Bankruptcy and creditors with the closing of the sale?

Kevin Scott Neiman
Kevin Scott Neiman answered on May 3, 2018

You must inform your attorney before you list or advertise your property and discuss what you want to do. Selling your property sometimes requires a court order that may take about thirty days to obtain. If the home’s sale can pay off your repayment plan, then you can expect a discharge of your... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Colorado on
Q: I filed chapter 7 two weeks ago and now I have won the lottery. What happens now with my case?

I filed pro se and I am unsure if I need to file anything or request a dismissal. Are my lottery winnings part of my estate even though I won after filing?

Kevin Scott Neiman
Kevin Scott Neiman answered on Apr 27, 2018

If you purchased your ticket before you filed for bankruptcy, technically you should have listed the ticket in your bankruptcy schedules and must turn your winnings over to the trustee, unless you can claim the winnings as exempt. The winnings are proceeds from the ticket that became part of your... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Colorado on
Q: One of my creditors is arguing that my debt to them shouldn't be discharged. Is there still a chance I might have to

pay it?

Kevin Scott Neiman
Kevin Scott Neiman answered on Apr 27, 2018

The trustee or creditor must file a written objection with the court. You can settle the adversary proceeding before trial. If you go to trial and the judge approves the party's objection, then you will be required to repay the debt. If the judge rules against the objection, then your debt will be... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Illinois on
Q: How long does it take for creditors to take your car during a chapter 7?
Kevin Scott Neiman
Kevin Scott Neiman answered on Apr 18, 2018

You may keep certain secured debts such as your car by reaffirming those debts. Reaffirmation agreements can be set aside during the earlier of 60 days after the agreement is filed with the Court or upon the Court’s issuance of an Order of Discharge.

1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Colorado on
Q: Should I sue a seller for pushing back a legal contract to sell while in bankruptcy?

I have a contract to buy a house, but the seller repeatedly extends the closing date. It seems like he is ensuring his proceeds will not go to his bankruptcy, but in the mean time I can't take full possession of the house. I'd like to close now, but is there a reason to allow him to repeatedly... Read more »

Kevin Scott Neiman
Kevin Scott Neiman answered on Apr 18, 2018

Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.

1 Answer | Asked in Bankruptcy for Colorado on
Q: How do you get title on chap 7 vehicle that payment was not made to bank but car was kept?

Ex kept 1 car and even after attempts made by bank to make arrangements, he ignored and kept car. It is in my name. He has recently asked for me to go to DMV to request duplicate title. I do not want to as I'm sure the lien is still being held by bank and he was to be responsible for the car per... Read more »

Kevin Scott Neiman
Kevin Scott Neiman answered on Apr 18, 2018

If you want the title to the car, you can try to work out a deal with the lender. You may get it for less than you owe.

1 Answer | Asked in Bankruptcy for Colorado on
Q: What if i fall behind on my secured debts before my plan is completed, but have it caught up.before the end of 5 years.
Kevin Scott Neiman
Kevin Scott Neiman answered on Apr 18, 2018

Although you don’t have to pay off secured debts before the trustee distributes part of your plan payments to other creditors, you must pay them off before you receive your discharge.

2 Answers | Asked in Bankruptcy for Colorado on
Q: My businesses creditors threatened to file for an involuntary bankruptcy. What on earth is that, or was it just a

baseless threat?

Kevin Scott Neiman
Kevin Scott Neiman answered on Apr 17, 2018

Involuntary bankruptcy is a legal filing by creditors, petitioning that the debtor is thrown into bankruptcy against his or her will. There are three basic requirements for involuntary bankruptcy. If the debtor has more than 12 creditors, it takes three creditors to file. First, the debtor must be... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.