Colorado Bankruptcy Questions & Answers

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.

3 Answers | Asked in Bankruptcy for Colorado on
Answered on Feb 21, 2019
Stuart Nachbar's answer
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

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

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Nov 30, 2018
Timothy Denison's answer
Not necessarily, depends on many factors such as equity, value, income, Chapter and the like.

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

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Nov 10, 2018
Timothy Denison's answer
No. Otherwise, you will have to repay them.

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

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Nov 9, 2018
Timothy Canty's answer
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.

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

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Oct 19, 2018
Timothy Denison's answer
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.

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

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Oct 18, 2018
Timothy Canty's answer
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.

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

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Sep 25, 2018
Jon Dowat's answer
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 event.

The doctors says "you have a severe lung infection, which could lead to more serious lung diseases. You will have to take a very strong ant-biotic and it may have some side effects,...

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

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Sep 16, 2018
Timothy Denison's answer
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.

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

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Aug 29, 2018
Timothy Denison's answer
Once it is served and executed.

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

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Aug 24, 2018
Timothy Denison's answer
If you participated in the fraud, yes. If not, then no.

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

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Aug 8, 2018
Timothy Denison's answer
You should determine which chapter, 7 it 13, after consultation with your bankruptcy lawyer on which your situation requires.

Q: I owned a consignment store. Do I have to file bankruptcy on each consigner I owe money to? I am in the process.

3 Answers | Asked in Bankruptcy for Colorado on
Answered on Aug 6, 2018
Timothy Canty's answer
Any bankruptcy filing must include all your assets and all your creditors. There is no such thing as a selective bankruptcy.

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

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Jul 25, 2018
Timothy Denison's answer
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.

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.

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Jul 15, 2018
Timothy Denison's answer
If you surrendered the land in the BK, you should not be liable for the taxes.

Q: Do child support obligations disappear if you file for bankruptcy? I really can't afford them.

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Jul 9, 2018
Timothy Denison's answer
No. Child support is non-dischargeable in bankruptcy.

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

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Jun 26, 2018
Timothy Denison's answer
You really need to speak to an experienced attorney upfront. Many offer free consultations at which you may be able to determine your eligibility.

Q: What can you do if your employer deducts from your paycheck for garnishment before the date they stated it will begin.

3 Answers | Asked in Bankruptcy for Colorado on
Answered on Jun 12, 2018
Timothy Denison's answer
You have ten (10) days (some places vary) to challenge the garnishment in the court in which it was issued.

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

2 Answers | Asked in Bankruptcy for Colorado on
Answered on Jun 11, 2018
Timothy Denison's answer
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.

Q: I have an open case filed chapter 7 and a creditor filed with the same court An Order Suspending Case.

1 Answer | Asked in Bankruptcy for Colorado on
Answered on Jun 1, 2018
Timothy Denison's answer
Hearing on motion to suspend must be held first.

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