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Colorado Bankruptcy Questions & Answers
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... View 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... View 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.

3 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... View 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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2 Answers | Asked in Bankruptcy for Colorado on
Q: I filed chapter 7 two weeks ago and now I have won the lottery. What happens now with my case?

I filed pro se and I am unsure if I need to file anything or request a dismissal. Are my lottery winnings part of my estate even though I won after filing?

Timothy Denison
Timothy Denison
answered on Apr 25, 2018

File a motion to voluntarily dismiss your petition, pay your creditors off, then enjoy the rest of your winnings.

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2 Answers | Asked in Bankruptcy for Colorado on
Q: One of my creditors is arguing that my debt to them shouldn't be discharged. Is there still a chance I might have to

pay it?

Timothy Denison
Timothy Denison
answered on Apr 23, 2018

Possibly. Depends on the legitimacy of the debt and why it should not be discharged.

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1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Colorado on
Q: Should I sue a seller for pushing back a legal contract to sell while in bankruptcy?

I have a contract to buy a house, but the seller repeatedly extends the closing date. It seems like he is ensuring his proceeds will not go to his bankruptcy, but in the mean time I can't take full possession of the house. I'd like to close now, but is there a reason to allow him to... View More

Kevin Scott Neiman
Kevin Scott Neiman
answered on Apr 18, 2018

Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.

1 Answer | Asked in Bankruptcy for Colorado on
Q: How do you get title on chap 7 vehicle that payment was not made to bank but car was kept?

Ex kept 1 car and even after attempts made by bank to make arrangements, he ignored and kept car. It is in my name. He has recently asked for me to go to DMV to request duplicate title. I do not want to as I'm sure the lien is still being held by bank and he was to be responsible for the car... View More

Kevin Scott Neiman
Kevin Scott Neiman
answered on Apr 18, 2018

If you want the title to the car, you can try to work out a deal with the lender. You may get it for less than you owe.

2 Answers | Asked in Bankruptcy for Colorado on
Q: My businesses creditors threatened to file for an involuntary bankruptcy. What on earth is that, or was it just a

baseless threat?

Cristina M. Lipan
Cristina M. Lipan
answered on Apr 16, 2018

Your creditors can file an involuntary petition forcing you into bankruptcy. You can either fight it or proceed with the bankruptcy. Most likely, it will be filed as a chapter 7 involuntary, which means a trustee will be assigned by the court. The trustee would be tasked with administering the... View More

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2 Answers | Asked in Bankruptcy for Colorado on
Q: If I file for bankruptcy in Colorado, will I lose my house?
Timothy Canty
Timothy Canty
answered on Mar 30, 2018

Colorado law provides a homestead exemption of $75,000 (or $105,000 if you are over 60 or disabled). If the exemption is properly claimed in Schedule C of your bankruptcy petition, the trustee is bound by it. If you have more than that amount of equity, the trustee has the right to sell your house.... View More

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2 Answers | Asked in Bankruptcy for Colorado on
Q: What if i fall behind on my secured debts before my plan is completed, but have it caught up.before the end of 5 years.
Kevin Scott Neiman
Kevin Scott Neiman
answered on Mar 22, 2018

If you miss a payment, then you’ve got to make up that payment at some point. And if you miss too many payments, then the Trustee will seek to dismiss your case.

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1 Answer | Asked in Bankruptcy for Colorado on
Q: My bankruptcy was let go due to lack of payment. Can I file again?
Kevin Scott Neiman
Kevin Scott Neiman
answered on Mar 22, 2018

If you were in a Chapter 13 case that was dismissed before you received a discharge, you would be free to refile immediately. If you haven’t fully recovered financially from the circumstances that caused your Chapter 13 to be dismissed, then you may want to consider filing a Chapter 7 case. You... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: Can the irs levy my bank in a 10 year old debt?

Recently the irs sent me a statement on a 10 year old tax debt (2007) attempting to collect $150k. My question is can they legally levy my bank on that old of a debt or just keep sending me statements? And would bankruptcy be my best option?

Kevin Scott Neiman
Kevin Scott Neiman
answered on Mar 22, 2018

In formulating a strategy for dealing with the IRS and in evaluating your options, it is critical that you accurately determine the date the collection statute expires. The IRS has incorrectly calculated the CSED on many prior occasions. Consult with an experienced tax professional before providing... View More

1 Answer | Asked in Tax Law and Bankruptcy for Colorado on
Q: My bk discharge was final in March 2017. I never filed my 2015 tax return, it’s a decent size return. What should I do?

I’m a disabled veteran and worked half the year in 2015. The only year I worked in 5+ years. VA pension so I didn’t work. I didn’t even think about my 2015 return, which as it turns out is almost 4k$. Should I still file it? Or will it affect my chapter 7 discharge?

Kevin Scott Neiman
Kevin Scott Neiman
answered on Mar 22, 2018

For each return that is more than 60 days past its due date, IRS will assess a minimum failure to file penalty. The failure to file penalty runs at a severe rate of 5% up to a maximum rate of 25% per month of lateness.

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