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
Client asked atty for casenotes atty said parent isn't entitled and immediately wanted to withdraw from clients case. Atty says they don't know what case notes are. In 15 months never met the attorney face to face and have proof that atty worked against client the entire time. 2 different... View More
Will this effect my warranty? My rebate? Do I have to join this lawsuit? I have until 1/28/22 as the deadline. Case # 21-23636
answered on Jan 21, 2022
In a corporate Ch. 7 case, the corporation almost always ceases operation immediately, terminates its employees, etc., and a bankruptcy trustee steps in and liquidates the assets of the business.
Under these circumstances, your warranty is pretty much worthless. There's nobody there... View More
The account is now listed as closed, I never made any agreement/payment arrangements w/ creditor after the car was voluntarily repossessed.
answered on Jan 6, 2022
Statutes of limitations vary by state. For example in Mississippi, the statute of limitations on an auto loan deficiency is only one year. Under Colorado Revised Statute 13-80-103.5, the statute of limitations is 6 years. This runs from the date of the last payment. The fact that it is... View More
Is there a timeline for this? For chapter 7
answered on Nov 15, 2021
It depends on whether chapter 13 (which can be 45-90) vs a Chapter 7 which is 30-60 days
The trustees final report was filed, it does show a distribution to creditors, does this mean my case is closed? If not, is there a timeline until it closes for chapter 7?
Just wondering if there is any timeline for for the closing.
I have gotten my discharge in chapter 7, but I am considering filing for a motion to abandon on my house. I’ve lost my job and need to get something more affordable. I am worried that since the housing market is up, it will be worth
More now than when I filed. If it does, and I get more... View More
answered on Jul 16, 2021
If you’ve gotten your discharge and the trustee has abandoned the property, you should be able to do as you wish with the property.
answered on Jul 13, 2021
The short answer is YES.
Tort (not torte, a French pie) judgments are no different from others unless they include specific punitive or exemplary damages, which may not be discharged.
Take you specific problem to a good BK lawyer so he/she can know all the facts and base an opinion on that.
answered on Jul 4, 2021
If you are involved in an auto accident and you don’t have insurance, your driver’s license can be suspended under Colorado’s Motor Vehicle Financial Responsibility Law. In order to have your license reinstated, you’ll need to obtain insurance and get into a payment plan for the damages... View More
Try to see which is more affordable or a lot better for me. Chapters 7, 11, or 13, maybe if there’s better options? My debt is around 39,000. Basically being young and irresponsible.. i want a fresh new start.
answered on Apr 27, 2021
In Colorado, many bankruptcy attorneys will provide you with a free consultation. During this consult, you'll let them know about your circumstances and the attorney will explain the various options including the different forms of bankruptcy. A free consult with a lawyer is your first step... View More
answered on Oct 30, 2020
First, you must list all debts including your car loan. If it is like most auto loans, it is probably none of these. You should consult with a bankruptcy attorney.
I filed a chapter 7 in 2/2019. It was discharged in 5/2019. During, I tried to reaffirm my auto loan ($48,000) so I could keep my car. Once the bankruptcy was discharged the guy at the bank stops negotiating. He then tells me he can't process the reaffirmation agreement anymore and to fill out... View More
answered on Oct 21, 2020
A Chapter 7 Discharge does not discharge a secured debt, up to the fair market value of the collateral. In other words, your bank has a lien on your car to the extent, and in the amount of, its fair market value.
But if the loan balance is greater than the car's value, so that there... View More
I filed for chapter 7 in June 2019. Would have been sooner but elderly lawyer took 9 months to file a very simple chapter 7. Two months later, my chapter 7 was discharged & my mother unexpectedly died in a heap of trash & dead animals in her house & left me money. I am still traumatized... View More
answered on Oct 1, 2020
The "180 day rule" is pretty straightforward. If your inheritance "ripens", i.e., becomes an enforceable right within that 180 days, you are obligated to inform the court/trustee, and turn over the inherited funds, for the benefit of the estate and its creditors. There are no... View More
I am looking to clear past cebt. I have no assets. I do have a car that is paid off.
Can I quick deed the house over to my father and file bankruptcy later?
answered on Sep 4, 2020
First of all it's "quit claim deed", not quick
You have just described the classic insider or inter-family transaction which will be reversed if it is done less than a year before you file. You should go see a good lawyer who does bankruptcy to analyze where you are. I... View More
Are medical debts dischargeable in a Chapter 7 if they are only under the filing party's name? If the filing party is married, will the non-filing spouse be held liable for a spouse's medical debts in a Chapter 7? (In Colorado)
answered on Aug 20, 2020
Medical debts are dischargeable and non filing spouse will not be liable for them unless she signed agreeing to be responsible.
answered on Jul 21, 2020
You need to consult with an attorney for an in-depth answer because there are several different exemptions which might apply. That said, here is part of a decision in a Colorado bankruptcy case (Case:17-13786-JGR Doc#:35) which sets out some of the relevant law:
C.R.S. § 38-41-201.6 was... View More
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