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Colorado Bankruptcy Questions & Answers

1 Answer | Asked in Arbitration / Mediation Law and Bankruptcy for Colorado on

Q: bankruptcy going on and am involved in an estate suing another estate mediation wants $300 what do i do

2 estates are suing each other and I am also going through bankrutcy

Timothy Denison answered on May 29, 2019

More facts are needed to discern what is your question.

3 Answers | Asked in Bankruptcy for Colorado on

Q: Is there a lawyer who can help me apply for c7 or c13 I don’t have that kind of money but can pay in installments.

In Colorado Aurora Arapahoe county

Stuart Nachbar answered on Feb 21, 2019

If you are filing for Chapter 13, then you could put Counsel fees through your Chapter 13 Plan. If you are filing for Chapter 7, fees need to be paid before filing so as to not run afoul of the automatic stay of 11 USC 362

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1 Answer | Asked in Bankruptcy for Colorado on

Q: In a bankruptcy, do I have to sell my house?

Timothy Denison answered on Nov 30, 2018

Not necessarily, depends on many factors such as equity, value, income, Chapter and the like.

1 Answer | Asked in Bankruptcy for Colorado on

Q: Can I still buy things even with my credit card though I’m thinking of filling for chapter 7 bankruptcy?

Timothy Denison answered on Nov 10, 2018

No. Otherwise, you will have to repay them.

2 Answers | Asked in Bankruptcy for Colorado on

Q: How long to we have to amend a list of assets?

Timothy Canty 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.

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1 Answer | Asked in Bankruptcy for Colorado on

Q: We had a reaffirmation for our car loan that our attorney failed to file with the courts. Can it be re opened and signed

Attorney said not possible to reopen bankruptcy and due to the balance of loan it’s not in our best interest. We are only a year into this 5 year loan and plan to pay it off. I have been told by the lender we can file motion with courts to re open and set aside the release so a reaffirmation can... Read more »

Timothy Denison answered on Oct 19, 2018

Yes. It can be reopened and filed. Whether it is in your best interests is another issue. You will probably have to pay the reopening fee to get it filed. I doubt the attorney will pay it although you can always ask.

2 Answers | Asked in Bankruptcy for Colorado on

Q: Can I transfer assets out of my name into someone else’s before filing bankruptcy?

Timothy Canty 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.

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2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Colorado on

Q: Filed for bankruptcy in 2011. Abandoned and discharged my house. HOA had dues added to house after it was discharged.

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 »

Timothy Denison answered on Sep 29, 2018

The debt is discharged and you do not owe it.

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2 Answers | Asked in Bankruptcy for Colorado on

Q: I'm sliding further into debt and want to know when is the most strategic time to file for bankruptcy, if necessary.

Jon Dowat answered on Sep 25, 2018

The ideal time to file bankruptcy is when your personal or business debt is so overwhelming that would not be a able to pay it off, also when you desire a fresh financial start.

By your hesitancy to file bankruptcy, is like a lot of people, you think that bankruptcy is somehow a negative...
Read more »

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1 Answer | Asked in Bankruptcy for Colorado on

Q: What are the repercussions on my spouse if I file for bankruptcy without her knowledge?

Timothy Denison answered on Sep 16, 2018

She will be called upon to pay any and all joint debts. You probably should consult a competent bankruptcy attorney before you do anything else. You may want to consider advising your spouse as well.

1 Answer | Asked in Bankruptcy for Colorado on

Q: When does a writ of garnishment against personal property (not earnings) of the debtor expire?

Timothy Denison answered on Aug 29, 2018

Once it is served and executed.

1 Answer | Asked in Bankruptcy for Colorado on

Q: Can I be penalized if my spouse's bankruptcy filing was fraudulent?

Timothy Denison answered on Aug 24, 2018

If you participated in the fraud, yes. If not, then no.

2 Answers | Asked in Bankruptcy for Colorado on

Q: If I file for bankruptcy, do I choose which chapter to file myself?

Timothy Denison answered on Aug 8, 2018

You should determine which chapter, 7 it 13, after consultation with your bankruptcy lawyer on which your situation requires.

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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?

Timothy Canty 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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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?

Timothy Denison answered on Jul 25, 2018

It could mitigate a portion of the debt as undue hardship. May not be able to discharge all of it, but certainly part is feasible.

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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 »

Timothy Denison answered on Jul 15, 2018

If you surrendered the land in the BK, you should not be liable for the taxes.

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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.

Timothy Denison answered on Jul 9, 2018

No. Child support is non-dischargeable in bankruptcy.

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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?

Timothy Denison answered on Jun 26, 2018

You really need to speak to an experienced attorney upfront. Many offer free consultations at which you may be able to determine your eligibility.

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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 »

Timothy Denison answered on Jun 12, 2018

You have ten (10) days (some places vary) to challenge the garnishment in the court in which it was issued.

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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.

Timothy Denison answered on Jun 11, 2018

You may reaffirm (keep paying) the debt and keep the car or you may claim an exemption upon the car if there is equity in the car.

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