Get free answers to your Bankruptcy legal questions from lawyers in your area.
Transtek, my former employer, bounced 12 thousand dollars in paychecks. I want to file against them but am not sure if they have filed for bankruptcy. How can I find out if that has taken place?
answered on Oct 4, 2015
The reason the FSA forced you to sign a waiver is that your home is also a business (as a ranch or farm). In bankruptcy any creditor can reach a side agreement with you, however your trustee/bankruptcy judge must approve the agreement. Creditors can also challenge the agreement. Whether or not you... View More
Also, does this mean they can turn off my electric for non payment?
answered on Sep 14, 2015
The answer to your question depends on the particulars of your case. In most cases, an automatic stay would have gone into effect upon filing, and would prevent your landlord--for a time--from evicting you based on non-payment of rent. If you filed with an attorney, you should address this question... View More
answered on Jul 28, 2015
One spouse filing for bankruptcy with only individual debt should not impact the other spouse's credit. However, there are some complexities with regard to exemptions and calculation of household income and expenses when one spouse files without the other. You should seriously consider talking... View More
answered on Jun 22, 2015
How long a bankruptcy case remains open depends on the assets involved and their disposition. There is no specific timeline on which the trustee must wrap up her duties for entry of the final decree. In some cases involving complex assets, the case may remain open for years. (For example, where a... View More
he just filed chapter 13 will he still have to pay me? he is court ordered to pay but has not payed for 5 years. the judge gave him 60 days . what can I do?
answered on May 21, 2015
There are 2 types of obligations that are created in a divorce decree: 1) domestic support obligations such as alimony or child support, or obligations in the nature of alimony or child support, and 2) an obligation that is set up as a division of property and/or debt. Without more facts, the... View More
The judgement was included in the bankruptcy so the debt is discharged but the lien is still on my house.
answered on Feb 9, 2015
Judgment liens generally survive a bankruptcy. However, if the lien impairs exempt property (like your residence), it can "avoided" under 11 USC Section 522(f). This could have been done in your initial case, but now you will have to file a Motion to Re-open the case first.
Is there a way to protect her inheritance?
answered on Feb 7, 2015
Any inheritance to which she becomes entitled within 180 days of filing the bankruptcy is considered property of the estate and must be turned over to the trustee. If the amount of the inheritance exceeds the amount of creditor claims, she would be entitled to the remaining funds.
answered on Feb 7, 2015
That question is impossible to answer without more information. Some people file a successful bankruptcy without an attorney. However, there are many hazards for the unwary and you could end up with a very unhappy result. See In re Muniz 320 BR 697 (District of Colorado) opinion:
Sadly,... View More
answered on Feb 5, 2015
The general answer is "no," but there are exceptions. If you were not required to file a 5 year plan, you may be allowed to pay off the plan early depending on the source of the funds and the amount of unsecured claims. Also, if your disability was incurred after you filed your case, you... View More
answered on Mar 4, 2014
If your income is low enough, you may be able to get help from Colorado Legal Services: www.coloradolegalservices.org.
answered on Mar 4, 2014
The Colorado Bankruptcy Court posts the dockets for the initial meeting of creditors in Chapter 7 and Chapter 13 cases here: http://www.cob.uscourts.gov/firstmeeting.asp.
answered on Mar 4, 2014
Colorado has one bankruptcy court - the Federal Bankruptcy Court for the District of Colorado (some other states have multiple bankruptcy districts). Cases appealed from Colorado federal courts are heard by the 10th Circuit Court of Appeals.
answered on Mar 4, 2014
A business can file bankruptcy if it is a legal entity, such as a corporation, LLC, or partnership. However, it is not always necessary to file bankruptcy for a business if the business can easily be dissolved and liquidated under state law. Since most small business owners are personally liable... View More
answered on Mar 4, 2014
That depends on several things, including where you are filing bankruptcy, if you live in the property, and how much equity you have in your home. The Colorado homestead exemption is defined in Colorado Revised Statutes § 38-41-201, and it protects up to $60,000 equity in real estate used as your... View More
answered on Mar 4, 2014
Colorado Revised Statutes § 13-54-102(1)(s) exempts IRAs (individual retirement accounts) from liquidation in bankruptcy. In order to qualify for the exemption, the funds must be "held in or payable from" the IRA - this means that the funds must stay in the IRA in order to remain... View More
answered on Mar 4, 2014
First, you should consult with your bankruptcy attorney in case surrendering your vehicle has any implications in your bankruptcy case. If there are no issues with surrendering your vehicle, most car lenders can give you instructions on how (and where) to give it back. If you call the number... View More
answered on Mar 4, 2014
All bankruptcy filings in the United States can be accessed online using PACER (Public Access to Court Electronic Records) at http://www.pacer.gov/. This is an electronic records system for the federal courts, and you can search for individuals and businesses here: https://pcl.uscourts.gov/search.... View More
answered on Jan 27, 2014
Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.
www.dont-sweat-the-debt.com
answered on Jan 27, 2014
Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents filed.
www.dont-sweat-the-debt.com
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