In a Chapter 13 bankruptcy or certain Chapter 7 bankruptcy cases, you may have to make payments to creditors. However, in order for certain creditors to get paid is by their filing with the court what is called a proof of claim. A proof of claim must include name of the creditor, amount of claim,…Read more
Will Payday Loans Keep Me Out of Bankruptcy?
When someone is struggling to meet their monthly bills, they can sometimes do irrational things. One of those things is to take out a payday loan. A payday loan is a small, unsecured, high interest, short-term cash loan. In most cases, consumers write a post-dated, personal check for the advance amount, plus a fee. The…Read more
Will Personal Bankruptcy Stop a Collection Lawsuit?
While there are many reasons to consider personal bankruptcy, one of the benefits that some people don’t think about is the protection from collection lawsuits that it provides. The Bankruptcy Code provides that the second your attorney files your bankruptcy petition, the automatic stay kicks in. The automatic stay is a protective order that requires…Read more
Do Creditors Have to Attend the Meeting of Creditors in Bankruptcy?
For my clients, the meeting of creditors is by far the most intimidating part of the bankruptcy process. Just yesterday I had a client tell me after her meeting that she had been having nightmares about creditors showing up to wag their fingers at her and force her to explain all her credit card purchases.…Read more
What is the Marital Adjustment on the Means Test in Bankruptcy?
Sometimes a married client of mine will want to file bankruptcy without his spouse. There are different reasons for this, the most popular being that most, if not all, of the couple’s debts are just in one person’s name. Spouses do not have to file bankruptcy together. However, we must use the non-filing spouse’s income…Read more
Where Do I Mail My Chapter 13 Bankruptcy Plan Payments in Colorado?
When your attorney files your Chapter 13 bankruptcy, you will usually have to make monthly plan payments to the Chapter 13 trustee. The first plan payment is due 30 days from the date your bankruptcy petition was filed. In Colorado, you must mail your payments to: P.O. Box 1169, Denver, CO 80201. Payment should be…Read more
Should I Pay My Credit Cards Before I Pay My Mortgage?
Paying Your Mortgage Before Your Credit Cards Can Delay Foreclosure Not everyone who comes in for their free consultation is ready for to file bankruptcy. For example, if someone has just gotten laid off or is expecting to get laid off, her income might be too high to qualify for a Chapter 7 bankruptcy discharge. …Read more
Do I Have to Tell the Bankruptcy Court if I Receive Life Insurance Benefits After I File My Bankruptcy Petition?
When your attorney files your bankruptcy petition, all your property goes into your “bankruptcy estate”. Generally speaking, your bankruptcy state is made of all property in which you have a legal or equitable interest. Property that is exempt is protected from sale. Property that is non-exempt can be sold by the trustee, and the proceeds…Read more
How Much Time Do I Have to Tell the Bankruptcy Court that I Have Inherited Property?
Under Section 541(a)(5), any property that you inherit within 180 days of filing your bankruptcy petition becomes property of the estate. Rule 1007(h) of the Federal Bankruptcy Rules of Procedure requires your bankruptcy attorney to supplement your bankruptcy petition to reflect the new property within 14 days after you learn of the inheritance. Rule 1007(h)…Read more
What That Cheap Colorado Bankruptcy Attorney Isn’t Telling You
A Cheap Bankruptcy Attorney In Colorado Can Cost You More In The Long Run I know you have a lot of choices when it comes to bankruptcy attorneys. The fact is, if you’re looking for the cheapest bankruptcy law firm in Colorado, we’re not it. There are lots of attorneys who claim they will do…Read more
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