Occasionally, a client of mine will have some cash on hand before we file her bankruptcy petition.  Maybe she just got her tax refund, or got a bonus. Unfortunately, in Colorado, there is no exemption in bankruptcy for cash on hand.  That means that if you have any cash on hand, including a balance in…Read more

A Creditor Cannot Force You To Waive Your Colorado Bankruptcy Exemptions Section 522(e) of the Bankruptcy Code prohibits creditors from forcing a debtor to waive an available exemption in bankruptcy. Section 522(e) reads: A waiver of an exemption executed in favor of a creditor that holds an unsecured claim against the debtor is unenforceable in…Read more

The other day I wrote a post about whether or not the trustee would come to your house if you filed bankruptcy.  The answer, generally speaking, is no.  However, if the trustee gets the sense that you are not being truthful about your assets, she might send out an appraiser to verify that what you…Read more

Section 1307(b) of the Bankruptcy Code allows a debtor to voluntarily dismiss a Chapter 13 bankruptcy, as long as the case was not converted from a Chapter 7 case. Section 1307(b) reads: On request of the debtor at any time, if the case has not been converted under section 706, 1112, or 1208 of this…Read more

One of the factors in bankruptcy that causes my clients more anxiety than anything else is the trustee.  What will she ask, they want to know.  They also want to know if the trustee is going to show up at their home to look at their property. The simple answer is, no.  The fact is,…Read more

A Chapter 7 bankruptcy case may only be voluntarily dismissed after notice and hearing and only for cause.  What this means is that creditors must be given an opportunity to object to your request to dismiss, and you must establish sufficient reason for dismissal. While there is no definition of what constitutes sufficient reason for…Read more

Section 109(a) of the Bankruptcy Code states: Notwithstanding any other provision of this section, only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title. What this means is that while you do not have to be…Read more