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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 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
In a Chapter 7 bankruptcy, if you initially stated your intention to reaffirm your vehicle loan but later changed your mind, you are not legally obligated to complete the reaffirmation paperwork. You have the right to change your decision at any point before the reaffirmation agreement is filed... 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
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answered on May 1, 2024
It's completely understandable to feel overwhelmed in your situation, but you've made a proactive step by filing for bankruptcy. Regarding the divorce decree and the "no debt" answer, it's essential to clarify the circumstances to the trustee. The trustee's role is to... 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 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
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answered on Apr 30, 2024
It is nothing to worry about. Just give the trustee the paperwork, go to your 341a and answer any questions that the trustee ask you. Trustees are interested in assets that are worth something if they are sold to pay creditors. They are not interested in your debts or what may or may not have been... 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
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answered on Apr 20, 2024
In filing for Chapter 7 bankruptcy after your divorce and signing a quitclaim deed, it's crucial to ensure all details about significant transactions, like transferring property rights, are accurately reported in your bankruptcy filing. Since you transferred the deed to the home and your name... 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
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.....
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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... 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
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answered on Feb 4, 2024
In your situation, it's important to know that after your bankruptcy has been discharged, creditors are generally prohibited from contacting you in an attempt to collect the debts that were included in the bankruptcy. The emails you are receiving may constitute a violation of the Fair Debt... 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 27, 2023
Filing for Chapter 13 bankruptcy in Colorado can provide immediate relief from debt collection efforts through what's known as an "automatic stay." This legal provision goes into effect as soon as your bankruptcy case is filed, and it halts most collection actions against you and... 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
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
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.
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