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The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..
answered on Oct 8, 2024
First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More 
I have not yet taken out an SBA 7(a) loan to acquire a business. If I do, the loan will require a personal guarantee. Before committing to a personal guarantee, I'd like to know how to exempt (1) my house and (2) my IRA account from seizure as part of that personal guarantee. How can I do that... View More
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answered on Oct 4, 2024
To protect your house and IRA from potential seizure in the event of bankruptcy, it's important to understand the exemptions available under Colorado law. Your primary residence is typically protected under the homestead exemption, which can shield a certain amount of equity in your home.... View More
answered on Oct 1, 2024
None. You are not obligated to pay any of their bills or expenses with your own money.
2008 is when accident happened. 2009 was when I got licence suspended, the money is 250,000 plus late fees sence. No one was seriously hurt.
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answered on Sep 11, 2024
You do not necessarily have to file for bankruptcy to get your driver's license back. The suspension of your license likely stems from the debt owed due to the accident. There are options you can explore to address this debt without going through bankruptcy.
You may consider... View More
I entered in my bankruptcy i was going to reaffirm my vehicle loan, i have since changed my mind. Do i have to complete the reaffirmation paperwork since i put it in my statement of intentions or can i just continue making the payment? The trustee asked about it in my 341 and i said yes i was going... View More
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answered on May 21, 2024
No, you do not need to do anything. As a courtesy, let the lender know. There is no obligation to reaffirm a car loan. Reaffirmation agreements need to be approved by the court and even if you get to court, the Judge will often try to talk you out of reaffirming. If you live in a state like... View More
I am filing Pro Se as i sincerely do not have the funds for a lawyer, i sent in my paperwork and the trustee asked for my divorce decree, no problem! I am looking through it to send and my ex husband had filled out the paperwork, and yes i signed it. In the section asking if there was any debt my... View More
answered on Apr 30, 2024
First, relax.
The Official forms of every bankruptcy case are signed by you under penalty of perjury, a serious crime. By all means, tell the truth on Bankruptcy filings.
Please rethink your decision to proceed in bankruptcy without counsel. And know that however engaging the... View More
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
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... View More
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
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... View More
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
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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
It's a large motorhome and I have no place to keep it. Can't afford to store it
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... View More
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
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
answered on Jun 23, 2023
You can use your state (or federal if available ) exemptions to protect your $18,000 from seizure.
answered on May 19, 2023
Check with your local bar association or legal aid society for pro bono lawyers.
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.
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
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
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... View More
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.
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.
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
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... View More
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