Why Should I Choose Chapter 13 Instead of Chapter 7 Bankruptcy? There are many reasons why someone should choose Chapter 13 instead of Chapter 7 bankruptcy. During your first meeting with your bankruptcy attorney, we will go over all of the relief available to you under the Bankruptcy Code. This will involve talking about the…Read more
Will Bankruptcy Help Me Get My Driver’s License Back?
In some cases, filing bankruptcy can help you get your driver’s license reinstated. If you have had your driver’s license taken away because someone got a judgment against you for a tort you committed while you were driving, bankruptcy can, in some cases, discharge that judgment. Keep in mind, however, that bankruptcy will not discharge…Read more
What Happens If I Forget To List A Creditor On My Bankruptcy Petition?
One thing that sometimes keeps people from moving forward with filing bankruptcy – and getting their financial life back on track – is that they don’t have a list of all of their creditors or their addresses. They’re concerned that the original creditor sold the debt to a debt collector and that they’ll never…Read more
What You Need to Know About “Bankruptcy Foreclosure” or “Mortgage Rescue Scams”
The United States Trustee has this press release on its website: Are you having trouble making your home mortgage payments? Are you facing foreclosure on your home? Get all the facts before you pay someone to help you work out your mortgage problems. “Bankruptcy foreclosure scams” or “mortgage rescue scams” target people whose home mortgages…Read more
Will My Spouse Lose Her Half of Our Tax Refund if She Doesn’t File Bankruptcy with Me?
Married clients filing bankruptcy present reason for a greater level of attention to bankruptcy attorneys, especially when only one spouse is filing. Bankruptcy attorneys and pro se filers must carefully survey marital assets and liabilities to ensure that everything is appropriately accounted for. All earned income is included in the bankruptcy estate. Depending on the…Read more
Can I Discharge a Loan in Bankruptcy I Lied About to Get?
The United States Bankruptcy Code (Title 11 of the U.S. Code) generally allows a debtor to receive a discharge of his or her debts, thereby providing an individual a financial fresh start. However, in certain cases, a debtor will be refused a discharge of a debt. One way a discharge will be denied is if…Read more
What Will the Trustee Ask Me at the Meeting of Creditors?
The meeting of creditors (or 341 meeting), is usually the only time a debtor will have to appear in bankruptcy court. In the Colorado bankruptcy courthouse, these meetings are held in two rooms on the first floor of the bankruptcy court. Judges are prohibited from attending the meeting. While this is a chance for creditors…Read more
What is a Fraudulent Transfer in Bankruptcy?
While many of my clients have few assets when they file their bankruptcy, from time to time, I have a client who owns some property that would be considered non-exempt by the bankruptcy rules. When that happens, I discuss my client’s options, which can include some pre-bankruptcy planning. One common practice is to sell certain…Read more
Can I Keep My Cell Phone Contract If I File Bankruptcy?
What Happens To Your Cell Phone When You File Bankruptcy? At the end of every initial consultation, I hand my clients what I call their “homework”. It is a 15-page questionnaire that asks them to list every debt, bill, asset, piece of property, transfer of property, they own. When they come back for their next…Read more
What is Redemption in Chapter 7 Bankruptcy?
If you own secured property, that is you have promised collateral against a loan, when you file Chapter 7, you must include a Statement of Intention with your bankruptcy petition telling your creditors what you intend to do with the property. You must choose one of three options: surrender the property, reaffirm the debt, or…Read more
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