Get free answers to your Bankruptcy legal questions from lawyers in your area.
My husband did not have insurance and spent the night in the hospital. Now they are trying to garnish my wages.
answered on Mar 22, 2018
The rules for determining which spouse is responsible for what debts incurred during the marriage vary between states and largely depend on the type of debt incurred. CO is a separate property state (not a community property state) which means that you are not legally responsible for your... View More 
My wife and i are about to claim chapter 13 the appointment is scheduled 3 days from now, i just received a work bonus and need to pay our parents back some money fix our cars and buy a new washer and dryer. The bonus is 5k. If we spend this money on the things i listed will the court deny th he... View More
answered on Mar 22, 2018
Better not touch the bonus, disclose it to the Chapter 13 Trustee and see what happens.
During my preparation and filing of Chapter 7 - two of my debts were sold to collection agencies. I wasn't aware of that yet - so there weren't included on my Schedule E/F or Creditor Matrix. Instead, rather, I listed the original creditor - since at the time of filing, that's all I... View More
answered on Mar 22, 2018
This is how it should work: You can have your attorney file an amendment to add the creditor and all will be well.
I moved from California in 2011, made less than 10,000 that year, did not file had no money. Had to move and start over or starve. They have put a lien on my credit score of 11,000. Since I am self employed and am required to pay state and fed myself they cannot take a return from me. As I have no... View More
answered on Mar 22, 2018
For income taxes to be discharged in bankruptcy: they must have been due more than three years before filing bankruptcy, you must have filed your return more than two years before filing bankruptcy, and the taxes must have been assessed at least 240 days before filing bankruptcy. Note that all... View More
answered on Mar 3, 2018
If you are asking can you make to much money to file a chapter 7, the answer is yes. You may fail the means testing which would lead to your chapter 7 being dismissed for abuse of the bankruptcy system. See a bankruptcy lawyer near you and they can advise you of your best option in dealing with... View More
How can the new company, Panacea Life Laboratories, using the same equipment, work space, employees, etc, now magically NOT be liable to pay employee wages and other legal debts incurred prior to that bankruptcy?
answered on Feb 2, 2018
The United States Bankruptcy Court for the District of Colorado website shows no such case filed under that name. Generally when a company files bankruptcy (Chapter 7), it's assets are liquidated and the funds are used to pay creditors. Wages owed to employees have one of the highest... View More
answered on Jan 24, 2018
You can't leave any of your property out of a bankruptcy. You may be able to exempt certain property, but you must disclose everything. Typical Colorado exemptions are the $75,000.00 homestead exemption ($105,000 if one is over 60 or disabled), $7500 for up to two vehicles ($12,500 if over 60... View More
answered on Jan 10, 2018
Yes. Almost always a bankruptcy filing will stop a garnishment of a paycheck by a creditor. The exception might be some type of criminal court matter or child support issues. See a local Bankruptcy lawyer in your area to determine your best options and to see if bankruptcy might work for you. Hope... View More
answered on Jan 2, 2018
It could, especially if you were ask to guarantee the loan or were ask to be a co-signor. Talk with a local Bankruptcy attorney near you and let them look at your situation and see if Bankruptcy would be a good option or not. Hope it works out. Good Luck.
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answered on Dec 28, 2017
Discharging student loans is very difficult unless you can prove undue hardship. To prove undue hardship you must file bankruptcy, list the student loans, and file a separate motion against the student loan provider. This will start an adversarial proceeding in bankruptcy court and the matter will... View More
Can my name be removed from the loan and the title of the car so I am not responsible?
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answered on Dec 28, 2017
Yes, you will no longer be liable for the loan if you include the auto loan in the bankruptcy. Your ex will remaining liable. The bankruptcy will not affect the title to the vehicle. You should contact the DMV regarding removing yourself from title.
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answered on Dec 28, 2017
Stores are not required to provide bathrooms to customers.
This is Colorado, I'm disabled. At time of Chapter 7 filing there was no equity in home beyond exemption + realtor fees even if home was in shape to sell. Since filing, Zillow shows additional $40k appreciation.
Structural and radon issue fixes would cost $25k. Who pays repairs? Even... View More
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answered on Dec 28, 2017
The bankruptcy trustee will use the Fair Market Value of the home when deciding whether to list the property for sale. The trustee will send an appraiser to value the home. The appraiser will likely consider the repairs when valuing the home. If the home cannot pass inspection as a result of needed... View More
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answered on Dec 28, 2017
Yes, you can. However, under bankruptcy code you cannot discharge any child support or alimony (maintenance) obligations. Additionally, you cannot generally discharge any property or debt obligations owed to the other party. If there is marital debt you are responsible for which is also in the... View More
answered on Dec 14, 2017
You may be able to keep it, although there is a possibility that the trustee will want to sell it. If you have any financing, that needs to be taken into consideration. The federal vehicle exemption is $2,400 for one vehicle (of the portion you own, the equity). Federal also has an additional... View More
These debts were listed in said bankruptcy. My attorney has quit practicing and I have gotten no information on anyone handling his clients. I do remember him stating an attempt to collect a debt after filing/ discharge was $1000 fine. If so who gets the $$$ when proved and who do I complain to?... View More
answered on Dec 7, 2017
You would have an action for discharge violations. See another bankruptcy lawyer in your area and they can advise you how to proceed. Most lawyers will take these type matters and obtain their attorney fees from the recovery of damages. Hope it works out. Good luck!
answered on Dec 6, 2017
Not necessarily. You are entitled to certain exemptions for personal property. For one vehicle, the exemption varies from state to state, but it's approximately $3,000. If you have more than (about) $3,000 of equity in your vehicle, the trustee may ask for the difference or else sell the... View More
answered on Dec 4, 2017
Not really. However, there are pro bono organizations that provide help preparing the petition.
I am scared I will end up getting sued for the amount. Is there anything I can do to protect myself?
answered on Nov 7, 2017
Read the terms of the contract. Generally, you would still owe the car loan if your daughter files bankruptcy. You may wish to see an attorney yourself to see what your options are. Hope it works out. Good luck!
answered on Nov 1, 2017
Student loans are not usually dischargeable unless an adversary complaint is filed along with it and the Court determines undue hardship which is very difficult
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