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Colorado Bankruptcy Questions & Answers
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
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
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
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...
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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
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
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
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
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
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
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
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
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
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
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
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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1 Answer | Asked in Bankruptcy for Colorado on
Q: I have an open case filed chapter 7 and a creditor filed with the same court An Order Suspending Case.

What exactly is order Suspending Case when the Creditor was ordered by my attorney not to hassle or try to collect money from me when the Chapter 7 was filed?

Timothy Denison
Timothy Denison answered on Jun 1, 2018

Hearing on motion to suspend must be held first.

1 Answer | Asked in Bankruptcy for Colorado on
Q: I have an open case filed chapter 7 and a creditor filed with the same court An Order Suspending Case.
Timothy Denison
Timothy Denison answered on Jun 1, 2018

If it is for relief from the stay as to that creditor only, it may be granted. If it is to suspend the case from proceeding altogether, it probably will not be granted, and certainly not without a hearing.

1 Answer | Asked in Bankruptcy for Colorado on
Q: I'm behind on my mortgage payments due to being laid off. Will I lose my house if I file Chapter 7? Should I do a

Chapter 13?

Kevin Scott Neiman
Kevin Scott Neiman answered on May 29, 2018

You can catch up on your missed mortgage payments by filing for Chapter 13 bankruptcy. If you file for Chapter 13 bankruptcy, your lender can no longer proceed with the foreclosure, and you can cure your default.

2 Answers | Asked in Bankruptcy for Colorado on
Q: I'm behind on my mortgage payments due to being laid off. Will I lose my house if I file Chapter 7? Should I do a

Chapter 13?

Timothy Denison
Timothy Denison answered on May 19, 2018

Many factors affect the answer but it depends on how much equity you have in your house and how much you are behind.

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1 Answer | Asked in Bankruptcy and Legal Malpractice for Colorado on
Q: I need clarification. My atty filed a bankruptcy appeal and says she's working pro bono and that I am confused.

I need clarification on a question. My ex and I hired an atty to reopen a bankruptcy to include a PI case. She filed an appeal then sent contracts. When I ask questions she sends long emails and threatens to make me act as my own atty but won't answer my questions. She told my ex she is... Read more »

Kevin Scott Neiman
Kevin Scott Neiman answered on May 6, 2018

A good attorney will give his or her preliminary assessment of the case, go over fee arrangements, and discuss with the client whether the case makes sense for the attorney-client team.

You want a lawyer you feel comfortable with. Someone who responds to you with intelligence and...
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2 Answers | Asked in Bankruptcy for Colorado on
Q: Do I have to pay off CH 13 creditors if I sell my house and have the proceeds from the sale?

We are selling our home and just got our Ch 13 plan confirmed. Do we have to pay off the entire Bankruptcy and creditors with the closing of the sale?

Timothy Denison
Timothy Denison answered on Apr 29, 2018

Yes, unless you dismiss your petition or your homestead exemption completely covers your equity in the house. As your house is part of the bankruptcy estate, it likely should not be sold without permission of the court while the case is active.

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