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Colorado Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Colorado on
Q: Has Transtek, a courier company in Denver, Colorado filed for bakruptcy

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?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 23, 2015

Look here:

https://www.pacer.gov/pcl.html

1 Answer | Asked in Bankruptcy for Colorado on
Q: i am in chapter 12 with fsa. ithey made me sign a waiver to homestead exemption. is this legal. can i fight it?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: I just filed chapter 7. My landlords are trying to evict me , and say I must be out within three days. Can they do this?

Also, does this mean they can turn off my electric for non payment?

Kevin W. Chern
Kevin W. Chern
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: If I file for bankruptcy for debt that is in my name only, will that also affect my husbands credit as well?
Kevin W. Chern
Kevin W. Chern
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: How long can a bankruptcy trustee keep the case open?
Kevin W. Chern
Kevin W. Chern
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: my ex has filed chapter i3 he owes 60,000 in maintenance plus 35000 in marital assests the court ordered him to pay.

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?

Robert Gambrell
Robert Gambrell
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: I filed bankruptcy 2 years ago and the Feds released their tax lien but a creditor has not. CAn I get it released?

The judgement was included in the bankruptcy so the debt is discharged but the lien is still on my house.

Timothy Canty
Timothy Canty
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.

1 Answer | Asked in Bankruptcy for Colorado on
Q: My daughter just had a bankruptcy case and it is almost final. Her aunt died and left her some money. Will it be taken ?

Is there a way to protect her inheritance?

Timothy Canty
Timothy Canty
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.

1 Answer | Asked in Bankruptcy for Colorado on
Q: Do I really need a bankruptcy lawyer?
Timothy Canty
Timothy Canty
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,...
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1 Answer | Asked in Bankruptcy for Colorado on
Q: Is it possible to pre-pay my Ch. 13 after having made payments for 3 years? I am now 100% disabled through the V.A.
Timothy Canty
Timothy Canty
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: I am low income and elderly, how can I find an attorney that will help me with the bankrutcy filings and accept payments
Ryan M. Wood
Ryan M. Wood
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.

1 Answer | Asked in Bankruptcy for Colorado on
Q: What is the web site for colorado springs docket for 341 meetings for chapter 7
Ryan M. Wood
Ryan M. Wood
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.

1 Answer | Asked in Bankruptcy for Colorado on
Q: What judicial district is the district court of colorado?
Ryan M. Wood
Ryan M. Wood
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.

1 Answer | Asked in Bankruptcy for Colorado on
Q: Can you file a business bankrupcy
Ryan M. Wood
Ryan M. Wood
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: Can I keep my home in Colorado if I declare bankruptcy?
Ryan M. Wood
Ryan M. Wood
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: Is an ira exempt from bankruptcy.
Ryan M. Wood
Ryan M. Wood
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: I filed and was going to retain my current vechile and now decided I should surrender it how do I go about that?
Ryan M. Wood
Ryan M. Wood
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: How do I find out if my company filed for bankruptcy
Ryan M. Wood
Ryan M. Wood
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: If I have a Reit on commercial property in Georgia and the property is in bankruptcy, how to determine dispostion?
Andrew Bresalier
Andrew Bresalier
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

1 Answer | Asked in Bankruptcy for Colorado on
Q: How can I tell if a business filed bankruptcy?A store took my money, and I didn't get the shutters I paid for
Andrew Bresalier
Andrew Bresalier
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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