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Colorado Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Colorado on
Q: Emergency Chapter 7: Since filing three additional garnishments have been taken also what happens if married during

We need to know what to do for garnishments and can we get this money back? Because I take care of most of his business due to the nature of his job we are running into an issue because we are not married yet. Can we marry prior to the discharge of his bankruptcy.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 16, 2017

It is highly recommended that you contact a bankruptcy attorney. You have several issues here and each of these issues has consequences (good and bad) that can impact the bankruptcy proceeding. This is a brief and general breakdown of your issues.

(1) Garnishments. Bankruptcy will stop...
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2 Answers | Asked in Bankruptcy for Colorado on
Q: I know I'm going to have a high tax bill this year - does declaring bankruptcy allow me to not pay it?
Ryan M. Wood
Ryan M. Wood
answered on Jan 13, 2017

Unfortunately, income taxes need to be at least 3 years old before they become dischargeable in bankruptcy. However, your tax debt will be considered a priority claim, so any assets liquidated in a Chapter 7 bankruptcy will go to pay the taxes ahead of most other creditors. If you file a Chapter... View More

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1 Answer | Asked in Bankruptcy for Colorado on
Q: My company has filed for bankruptcy. Will I lose my job?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 20, 2016

Yikes! Not necessarily. There are two types of business bankruptcies: Chapter 7 and Chapter 11. There is also personal bankruptcies (Chapter 7 or Chapter 13 for businesses that are not incorporated). There are a lot of details to each method, but the important information for you is that Chapter 11... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: I've heard there's an option to file an emergency bankruptcy - what is the process for this?
Timothy Canty
Timothy Canty
answered on Nov 30, 2016

You can file an emergency bankruptcy by filing the Petition form along with a credit counseling certificate and a list of creditor names and addresses. The court will give you 14 days to file the other schedules and statements.

1 Answer | Asked in Bankruptcy for Colorado on
Q: How is my mortgage treated in a bankruptcy?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 8, 2016

Contact a bankruptcy attorney. Bankruptcy can eliminate mortgages, but the lender can also foreclose on the home. Some exceptions can allow a home to be retained. Note, there are different rules for a single primary mortgage and secondary (or later) mortgagors.

1 Answer | Asked in Bankruptcy for Colorado on
Q: if my parents move from NY to Colorado and need to file bankruptcy should they do it before or after the move?

They will rent an apartment before they file but will that get them evicted

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 15, 2016

Bankruptcy is federal law, so moving will not significantly impact the normal bankruptcy rules. Each state has specific rules related to property that will not be counted in bankruptcy. Note, there are rules in place to prevent a person from moving to another state because the state has more... View More

2 Answers | Asked in Bankruptcy for Colorado on
Q: Hello I was hoping someone could help me under stand this:

It appearing to the Court that the Trustee has filed a report certifying that the estate in the above-captioned case has been fully administered and that no objections to the report have been filed within 30 days thereafter, it is ORDERED that pursuant to Rule 5009, Fed.R.Bank.P., there is a... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 6, 2016

This means that the trustee has approved the bankruptcy and that the bankruptcy is near completion. The discussion of abandoned property relates to any property that was not listed on the bankruptcy filings (this is to catch people who "magically" lose property, but then suddenly discover... View More

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1 Answer | Asked in Bankruptcy and Business Law for Colorado on
Q: My business partner (49% ownership in small sub-S) has filed chapter 7 personal bankruptcy.

My business partner was the only personal guarantor on the 3 business credit cards although I see in his filing he listed me and the company as "co-borrowers". Will I/company be liable for this debt even though we were not guarantors? We really only had credit card debt is there anything... View More

Timothy Canty
Timothy Canty
answered on Sep 27, 2016

If you did not guarantee anything then you are not liable for strictly corporate debts. Concerning the stock, if it has any market value the trustee will try to sell it. Minority ownership interests in a closely held corporation are often worth very little, but I would need more information to... View More

2 Answers | Asked in Bankruptcy for Colorado on
Q: My husband is filing bankruptcy. We own a duplex however the mortgage is in my name only. Can he quit claim it to me?

We bought it after we were married and he alone is filing chapter 13. He is on deed because of Colorado law.

Timothy Canty
Timothy Canty
answered on Sep 1, 2016

I am assuming he is filing Chapter 7. If your husband transfers any property to you for less than market value within 1 year of filing bankruptcy (and as much as 4 years under Colorado law), it will be deemed a fraudulent transfer and the bankruptcy trustee can void the transfer for the benefit of... View More

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1 Answer | Asked in Bankruptcy, Business Formation, Business Law and Civil Litigation for Colorado on
Q: Should I report a corporation filing Chapter 7 and hiding its main asset in a US shell LLC & has also commingled funds?

I learned my former employer will be filing Chapter 7 for his privately-owned corporation mainly because of (unsecured) judgments against it. It has very few assets other than the office building it owns which has about $500k of equity. The building was always the property of a US shell LLC whose... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 16, 2016

There are a lot of things to consider here. I understand that you want to do the right thing, but you may be subject to NDAs (non-disclosure agreements) and other potential violations of privacy/confidentiality. The best advice is to contact a lawyer directly (at least the discussion will be... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: If I filed bankruptcy and overstated my income can the state take away my food stamps? Do BR court and DHHS talk?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 7, 2016

They may communicate. If you misstated income, the best advice is to work on correcting the incorrect data. Corrections filed before agencies become aware of the error/omission usually excuse you from most or all of the potential negative consequences of the error. Contact a bankruptcy attorney for... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: Does filing medical bankruptcy prohibit us from getting a home loan?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jul 6, 2016

As a legal matter, bankruptcy does not prevent you from getting a mortgage. However, mortgages are not a right and a lender can choose to not extend credit to you (or charge a higher rate based on your credit risk). In short, you will have trouble finding a loan, but you can theoretically get a... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: my bankruptcy was pd off over 60 days ago I haven't recvd discharge how can I find out when discharge will happen
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 27, 2016

If you used a bankruptcy attorney, contact your attorney. If you did not, review your documents to see who you can contact (e.g. the court). Be aware, formal discharges can take a while to arrive at your address (i.e. delays are normal).

1 Answer | Asked in Bankruptcy and Tax Law for Colorado on
Q: Do you think that doing a bank rupcty is the only way to avoid a judgement and a 10-99 tax repay?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 5, 2016

There are other options. First, you can enter into a payment plan with the IRS. Second, you may qualify for some of your tax debt being forgiven (see a tax attorney for details - the requirements are stringent and most taxpayers that do qualify see a comparatively small reduction in their tax... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: We filed Chapter 7 and it was discharged. We received a letter from our mortgage companyservices release department

They said the loan was paid in full and filed A Release of Deed of trust with the county. We didn't payoff the loan. What happens now?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 25, 2016

Since Justia's Q&A section is not covered under attorney-client privilege I won't discuss the specifics of your situation. I do recommend that you met with a bankruptcy attorney for at least 1 hour (the advice will be worth the expense). Turning to general bankruptcy rules, it is... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: If you have a bankruptcy discharged in 2014 with a car claimed as exempt can the creditor ask for a car payment in 2016

The car lot called me 2-10-16 and left a message saying I need to call them about my car payment it's been 2 years and I claimed the federal exemption for my car so what should I do?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 11, 2016

There are too many variables to give you a firm answer of yes or no. I recommend that you contact a bankruptcy lawyer to review your case (it should be no more than $100-200). If I was venturing a guess, your probably filed for Chapter 13 (reorganization). This would mean that your car was excluded... View More

1 Answer | Asked in Bankruptcy and Divorce for Colorado on
Q: There is a judgement against both me and my husband for his medical bills while we were married. We are now divorced

but I am being garnished. There was nothing in our stipulation as to who would take care of this debt, only that the general indemnification clause stated that " there shall be no presumption of marital debt, even if such obligations were incurred prior to the entry of a Decree of Dissolution... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 7, 2016

Since the debts occurred during marriage, you and your ex are jointly and severally liable for the debts (meaning you both are required to pay). You may be required to pay 100% of the debt, but you can seek reimbursement from your ex (at least for 50% of the costs). Be aware the reimbursement would... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: How can you file bankruptcy online for free if you cannot afford an attorney?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 21, 2016

Try this book: http://www.amazon.com/New-Bankruptcy-Will-Work-You/dp/1413321488/ref=sr_1_2?ie=UTF8&qid=1453434512&sr=8-2&keywords=nolo+bankruptcy . Nolo also has books for Title 7 (liquidation) and Title 13 (reorganization). This is the official US Courts website:... View More

1 Answer | Asked in Bankruptcy for Colorado on
Q: If I filed bankruptcy on Thursday and my pay day is Friday can I get my garnished wages back?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 10, 2015

The answer depends upon whether you intend to file under Chapter 7 or Chapter 11. You likely would qualify for a temporary stay, but a permanent stay (and potential write-off) of the garnishment is determined by the nature of the garnishment (taxes, child support, judicial lien, etc.).

2 Answers | Asked in Bankruptcy for Colorado on
Q: Does filing bankruptcy stop an execute a Writ of Restitution (Eviction.) CRS 13 - 40 - 122 in colorado springs

Chapter 7 bankruptcy emergency filing same day as judgement against Issue of Possession in District court. Judge denied request for additional time to retain attorney after attorney was unable to represent defendant one business day before county court hearing. Defendant filed request to move from... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 29, 2015

Yes, the filing of a bankruptcy petition normally halts state court foreclosure proceedings against the debtor. The person who wants to evict would have to ask the bankruptcy court for relief from the automatic stay of bankruptcy.

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