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Colorado Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Colorado on
Q: Divorced in March before filing. Signed quitclaim deed before final. Do I add that to Chap 7 if so ,where? filing pro se

I have filed Chap 7 bankruptcy through up solve pro se as I do not have the funds for an attorney. I filed for divorce in November and shortly after signed a quitclaim deed so he could get the house. Divorce was final March 5th and filed for Chapter 7 in April. I did not add the home to my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 20, 2024

There will be questions about that on the Statement of Financial Affairs, and more indirectly, on the Schedules.

It's bold to attempt to do a bankruptcy without counsel, whatever your reason. We recommend that you inquire at your County Bar Association, or the office of the US...
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2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a debt collector garnish my wages for a auto loan from 17 years ago and I e already paid $20,000 in garnishments

Car was repoed in 2006 and in 2013 they started garnishment on me for 5 years l, garnished $20,000 from my checks, I switched jobs and now they are back to garnishing me never got served any papers don't even know the total balance but the loan was for $15,000 this was 17 years ago.....

James L. Arrasmith
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answered on Feb 24, 2024

No, it would be illegal for a debt collector to garnish your wages for the same auto loan debt after 17 years, especially if you have already paid $20,000. There are a few key protections here:

1. Statute of limitations - They can only sue or collect for a limited number of years, which has...
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3 Answers | Asked in Bankruptcy for Colorado on
Q: A credit union discharged in bankruptcy keeps sending me email reminders to pay bills and bank statements.

My bankruptcy was discharged in October 2021. Since then I constantly get emails from 2 creditors. One sends me constant reminders to download statements. The other sends me bill pay reminders for debts that were also included in my bankruptcy. I’ve called both CU to tell them I do not have an... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 31, 2024

The US Supreme Court, since the early '90s with the Dewsnup opinion, has been curtailing the Bankruptcy Code's provisions for debtor's relief against creditors generally, imho.

Most recently, the US Supreme Court shifted the burden of proof for a debtor's action against...
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2 Answers | Asked in Bankruptcy and Tax Law for Colorado on
Q: how long does it take for a chap 13 bancruptcy filing to put a stop to debt collection and property tax redemption?

property tax lien was turned in for redemption a year ago. cant get to my equity because of bad credit.

not much income, not enough time to sell the property. 10 days before the deed is handed over.

will chap 13 stop the redemption of my property and 250k equity and all my stuff... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 25, 2023

A chapter 13 filing will stop the sale of your property immediately (the automatic stay). In order to continue with the sale, the taxing agency will need to ask the Bankruptcy Court to lift the automatic stay to proceed with the foreclosure. If you have significant equity in the property, it is... View More

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Real Estate Law for Colorado on
Q: I'm the successor in interest for an inherited house. Can the mortgage lender charge me a fee for assuming the mortgage?

I inherited my house from my mother when she passed away in 2017. I repeatedly attempted to assume the mortgage and get my name placed on the mortgage, but was repeatedly told I couldn't do so without undergoing a financial ability to pay. At the time, due to my student loans I wouldn't... View More

James L. Arrasmith
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answered on Nov 5, 2023

Yes, typically a credit union or other lending institution may require your name to be on the first mortgage to secure a home equity line of credit (HELOC). This is because they need to ascertain their position in the event of default.

Regarding the assumption fee, mortgage lenders are...
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4 Answers | Asked in Bankruptcy and Banking for Colorado on
Q: When the bank holds the title on a vehicle but won't repossess it when the loan is in default. How can I get rid of it?

It's a large motorhome and I have no place to keep it. Can't afford to store it

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Sep 6, 2023

In a bankruptcy case, you are given the right to return collateral to the secured lender in exchange for full satisfaction of the secured claim of that lender.

Short of that, the terms of your Security Agreement, with applicable Colorado law, apply.

In particular, what does the...
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2 Answers | Asked in Bankruptcy for Colorado on
Q: What do I need to do to file a Chapter 7 in Colorado?

An attorney in New Mexico advised me that it may be possible to file bankruptcy in Colorado under the Homestead Laws for a lien filed from an inaccurate boundary survey judgment. I have questions and need to hire an attorney.

James L. Arrasmith
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answered on Sep 8, 2023

To file a Chapter 7 bankruptcy in Colorado, you first need to ensure that you qualify by passing the means test, which assesses your income and expenses. Then, you will be required to complete a credit counseling course from an approved provider. Once these steps are taken, you will need to compile... View More

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1 Answer | Asked in Banking, Bankruptcy and Business Law for Colorado on
Q: I am in Colorado, can I declare bankruptcy for my business credit card without having my personal credit score affected?

I have a business credit card, and paying off this business credit card is going to take me years. I am okay with declaring bankruptcy on this business credit card and taking the hit to my business credit score as long as the following criteria are assured.

1: My personal credit score must... View More

Clark Dray
Clark Dray
answered on Jul 27, 2023

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

1 Answer | Asked in Bankruptcy for Colorado on
Q: I have a personal injury settlement in the amount of $18,000.00. In a chap 7 bankruptcy, will this cash be exempt in CO?
Timothy Denison
Timothy Denison
answered on Jun 23, 2023

You can use your state (or federal if available ) exemptions to protect your $18,000 from seizure.

1 Answer | Asked in Bankruptcy for Colorado on
Q: I was wondering if there are any Pro Bono bankruptcy lawyers in Sterling, Co?
Timothy Denison
Timothy Denison
answered on May 19, 2023

Check with your local bar association or legal aid society for pro bono lawyers.

2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for Colorado on
Q: How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims

How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

This can be a tricky question, and it is my understanding that the answer may vary for different purposes, so it would be wise to also get opinions from a bankruptcy attorney and a tax attorney as well. This answer is going to be from an estate planning and family/divorce perspective. I do not... View More

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2 Answers | Asked in Bankruptcy, Business Law and Contracts for Colorado on
Q: We paid a company 30k to build an online business. After two years, the company filed for chapter 7. Can we do anything?

The company was paid as private contractors. We waited 2 years for them to build the store they promised, but all they ever did was delay. Now they’ve filed for chapter 7 bankruptcy without ever telling us and we don’t know what, if anything, we can do legally to try and recoup our $30k. The... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 4, 2022

You would have to reduce the cause of action to a judgement by filing a lawsuit and going through that process. This process will depend on the language in any contracts executed or if there was no contract the state procedural and conflict of law rules.

Once you have a judgement you would...
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1 Answer | Asked in Bankruptcy and Probate for Colorado on
Q: Can I claim bankruptcy if I am being sued in probate court for a surcharge
Timothy Denison
Timothy Denison
answered on Nov 3, 2022

Yes. You can file bankruptcy.

1 Answer | Asked in Bankruptcy for Colorado on
Q: I am 66. I want to retire. I have 20,000 in credit card debt. I am paying on a mobile home car and loans. Bankruptcy?

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

Timothy Canty
Timothy Canty
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.

2 Answers | Asked in Bankruptcy for Colorado on
Q: What bankruptcy laws are Available in Tennessee?
Timothy Denison
Timothy Denison
answered on Aug 4, 2022

The bankruptcy code is federal and thus the same nationwide. Nuances regarding exemptions can vary from state to state, but the bankruptcy laws under the federal code are uniform throughout the 50 states.

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Colorado on
Q: What are my steps when a law firm threatens to sue for something where the statute of limitations has expired?

I received a strongly worded letter from a law firm threatening legal action in the form of a lawsuit over an unpaid debt. They also said that it’s been noted that I attempted to basically defraud the collector because I allegedly closed a bank account. (Don’t recall this) The debt itself I am... View More

David Luther Woodward
David Luther Woodward
answered on Apr 12, 2022

first of all, go see a good bankruptcy/financial distress lawyer. It sounds to me like the statute of limitation might have run. If that is the case, then you have an action against the law firm.

That aside, bankruptcy could be your solution, but only a good local lawyer can give you that...
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1 Answer | Asked in Bankruptcy, Family Law and Juvenile Law for Colorado on
Q: I have validated proof of CPS atty misleading client into an admission to D&N case. It was in a text message from atty.

Client asked atty for casenotes atty said parent isn't entitled and immediately wanted to withdraw from clients case. Atty says they don't know what case notes are. In 15 months never met the attorney face to face and have proof that atty worked against client the entire time. 2 different... View More

Timothy Denison
Timothy Denison
answered on Feb 9, 2022

What is your question?

1 Answer | Asked in Bankruptcy for Colorado on
Q: I installed solar in April and now find out the company is going bankrupt. (Empire Solar Group, Chapter 7, Salt Lake Ciy

Will this effect my warranty? My rebate? Do I have to join this lawsuit? I have until 1/28/22 as the deadline. Case # 21-23636

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 21, 2022

In a corporate Ch. 7 case, the corporation almost always ceases operation immediately, terminates its employees, etc., and a bankruptcy trustee steps in and liquidates the assets of the business.

Under these circumstances, your warranty is pretty much worthless. There's nobody there...
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1 Answer | Asked in Bankruptcy, Contracts, Copyright and Collections for Colorado on
Q: What is the Statute of limitations in a auto-loan delinquency. The account was originally listed as “ “ “ charge off “

The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.

Mike T. Ramsey
Mike T. Ramsey
answered on Jan 6, 2022

Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... View More

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