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Colorado Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy for Colorado on
Q: I will be filing Chapter 7 at the end of April. I just received my stimulus money. Will the bankruptcy trustee take it?
Stuart Nachbar
Stuart Nachbar answered on Apr 15, 2020

Under the Stimulus Package, in Section 1113(b), Congress has decided that these stimulus payments to the American people should not count against them when it comes to bankruptcy. As such, in the Stimulus Package, Congress is amending the Bankruptcy Code as follows: “[e]xclusion from Current... Read more »

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1 Answer | Asked in Bankruptcy for Colorado on
Q: IN AUGUST OF 2017 I HAD TO FILE A CHAPTER 7, IN THIS BK WAS THE BALANCE OF A SBA LOAN ORIGINALLY $35000 NOW$15700 FHA ?

ESSENTIALLY THE ONLY WAY TO REFINANCE OUR PROPERTY IS THROUGH FHA WE ARE 69 YEARS OLD AND THE FRESNO CA. OFFICE PLACED A NEGATIVE REPORT ON A CAVIRS REPORT AND EVEN KNOW WE HAVE NEVER BEEN 30 DAYS LATE ON ANY MORTGAGE-FHA WILL NOT REFI UNLESS SBA REMOVES THE NEGATIVE AND PAY THEM WITH A NEW... Read more »

Timothy Denison
Timothy Denison answered on Apr 10, 2020

You are not obligated to pay the debt as it was discharged. However the SBA and FHA are not obligated to continue to do business with you at all. If the liens were not avoided, they are still valid. You should consult an experienced bankruptcy attorney who can consider all your options, but... Read more »

1 Answer | Asked in Bankruptcy for Colorado on
Q: IN AUGUST OF 2017 MY WIFE AND I HAD TO FILE CHAPTER 7 AFTER 25 BUSINESS FAILED THE SBA FILE A REPORT ON CAVIRSNEED HELP

BASICALLY I HAD PAID DOWN $21000 ON A $36,000 BALANCE , AND I'AM TRYING TO OBTAIN A NEW FHA LOAN , WE REAFFIRMED OUR HOME AND AUTO LEASE PAYMENTS WITH THE BANK, BUT I WASN'T AWARE THAT THE SBA COULD BLOCK US FROM GETTING A NEW FHA LOAN BECAUSE OF THE BALANCE THAT WAS INCLUDED IN THE... Read more »

Timothy Denison
Timothy Denison answered on Mar 31, 2020

Contact a California Bankruptcy attorney who’s can analyze the situation for you and direct you as to what to do.

1 Answer | Asked in Bankruptcy for Colorado on
Q: In 2002 we filed for bankruptcy at which time all debt was dismissed including a home we rent to my inlaws.

We are now doing a refi on our PRIMARY home (not the rental) and the mortgage company we are using for the refi insists they must include the rental property as a debt even though, according to our bankruptcy records, it was dismissed. We have been voluntarily making payments on the property since... Read more »

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Get a copy of your 2002 bankruptcy and show the lender where it was listed and then discharged and that should resolve the problem.

2 Answers | Asked in Bankruptcy, Contracts, Real Estate Law and Construction Law for Colorado on
Q: When a builder is building a new subdivision - who is responsible for building retaining walls -the developer or the HO

There is an area behind four homes in our area that is a very steep, collapsing hill. The home buyers understood from a design plan that the developer would build retaining walls to prevent the hills collapse. Our builder is now saying it is the responsibility of the HOA - not him

Donald C Eby
Donald C Eby answered on Feb 10, 2020

Who owns and is thus responsible for the retaining wall? Generally, a builder initially owns all common areas, but at some point in the development process the developer assigns ownership of the common areas to the HOA. After this assignment the HOA owns the common areas/walls and is responsible... Read more »

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1 Answer | Asked in Bankruptcy for Colorado on
Q: I just inherited a car worth about 15,000. I have very bad credit. Can they take my car? Can I put it in my sons name
Timothy Denison
Timothy Denison answered on Feb 5, 2020

You can probably protect the car with your state or federal exemptions if you’re filing bankruptcy. Do not put the car in your sons name bc that could be fraudulent. Consult a competent bankruptcy attorney before you make any move.

1 Answer | Asked in Bankruptcy for Colorado on
Q: my daughter has cancer and cannot work but one to two days per week. she needs to file for bankruptcy. needs advice.

She has a student loan and credit cards that she is unable to pay due to the amount required to take care of health needs

Timothy Denison
Timothy Denison answered on Jan 22, 2020

She should seek a forbearance due to her illness unless she has a lot of other debt as well, especially since the student loans are no dischargeable. She should consult a competent bankruptcy attorney to discuss her full options.

2 Answers | Asked in Bankruptcy for Colorado on
Q: Do I have to give the trustee my lawsuit money if my discharge date is 01/12/20 and I already had my meeting of Creditor

My lawsuit hasn't been settled yet.

Clark Dray
Clark Dray answered on Dec 11, 2019

If you had a claim against a third party on the day the case was filed, that is an asset which is probably property of the bankruptcy estate. This means that the lawsuit isn't yours to settle. Your attorney in the suit will need to coordinate with the trustee to settle the claim. Part of the... Read more »

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3 Answers | Asked in Bankruptcy and Child Support for Colorado on
Q: My ex filed Chapter 13 he put $50K of child support/maintenance that is in arrears. Can he discharge that debt?

He owes $50 in back child support and maintenance to me for not paying for over a year and losing/quitting jobs several times and not paying. He is currently still be garnished for child support/maintenance. Can he discharge the child support/maintenance that is in arrears? Do I need to do... Read more »

Timothy Denison
Timothy Denison answered on Oct 20, 2019

No. The 50k is non-dischargeable. You are safe.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: What if my lawsuit hasn't been settled and my bankruptcy is still open?
Clark Dray
Clark Dray answered on Oct 18, 2019

I presume this is a continuation of a question about a car accident settlement. The answer is the same - you need to amend your petitions and schedules and inform the trustee about the claim. The situation is somewhat better if you haven't settled yet, because the trustee still has a chance to... Read more »

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2 Answers | Asked in Bankruptcy for Colorado on
Q: If I was in a car accident and my case is settled and I have an open bankruptcy, should I had reported the lawsuit?

Will the bankruptcy affect my settlement?

Clark Dray
Clark Dray answered on Oct 18, 2019

If the car accident took place before the bankruptcy, your claim became part of the bankruptcy estate and it technically wasn't yours to settle. If you have a bankruptcy attorney, you should bring this up with him or her. If you don't, you should definitely get one right away because... Read more »

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1 Answer | Asked in Bankruptcy for Colorado on
Q: I have a title loan on my vehicle and want to file c7, I want to continue paying on my title loan to keep the car, how?

I know I have to list it in the bk. But how does this work if I have to claim it in the c7. Do I include it and just keep paying on it?

Timothy Denison
Timothy Denison answered on Sep 30, 2019

List it. The lender will contact you to sign a reaffirmation agreement (agreement to keep paying to keep car). If you sign the reaff, you keep paying and you keep the car.

2 Answers | Asked in Bankruptcy for Colorado on
Q: Can a debtor try to collect a old bill that was discharged in 2012 to get services again?
Clark Dray
Clark Dray answered on Sep 10, 2019

Depends on what type of service. If it's a utility, like Xcel, they can require a deposit. If it's a cable provider or a gym, they don't have to let you open a new account. If I were representing the creditor, I'd probably advise against bringing up the old debt in the... Read more »

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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
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
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
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
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
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
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.

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