If you are thinking about bankruptcy and have been through a divorce, one of the things we are going to ask you for is a copy of the divorce decree or separation agreement. We need to see if you have agreed to pay off any of your ex-spouse’s debts and whether you have to pay…Read more
Where Is Colorado’s Bankruptcy Court?
The permanent address for the U.S. Bankruptcy Court for the District of Colorado is 721 19th Street, Denver, CO 80202. The Bankruptcy Court is located in the U.S. Customs House, between California Street and Stout Street. Due to construction, as of May, 2011, Court hearings are being temporarily held in the Rogers Courthouse, located at…Read more
Should I File Bankruptcy Before I Get Married?
A young man came in for a consultation the other day. I asked him why he was thinking about bankruptcy. He told me that he had tried launching a business a few years earlier and had used credit cards that he had taken out in his name to pay for his living expenses while trying…Read more
Should I Use a Bankruptcy Kit to File My Bankruptcy?
I had to duck into an Office Depot the other day to get some rubber bands and binder clips. Walking down one of the aisles, I came across a display full of “legal kits”. Have you seen these things? They had kits to draft wills, form businesses, and get divorced. It just so happens that…Read more
8th Circuit Bankruptcy Appellate Panel Decision – Lovald v. Tennsyson
This is the second time this panel has had the opportunity to consider the issues involved in this appeal. Following remand for consideration of the effect of Bankruptcy Code Section 544(a)on the trustee’s motion to sell, the bankruptcy court entered judgment on April 29, 2011, denying the trustee’s request to sell jointly-owned real estate free…Read more
6th Circuit Court of Appeals Bankruptcy Decision – In re: Two Gales, Inc.
After the debtor’s chapter 11 case was converted to a case under chapter 7, the bankruptcy court entered orders granting fees to counsel for Susan Rhiel, the chapter 7 Trustee (the “Trustee”), denying the fees requested by Cupps & Garrison, LLC (“C&G”), debtor’s chapter 11 counsel, and requiring C&G to disgorge its pre-petition retainer so…Read more
Will Bankruptcy Help Me?
Bankruptcy should be your last resort. The bottom line is that if it doesn’t help you, you should avoid filing. If you are thinking about filing, ask yourself some questions: Will Bankruptcy Get Rid of My Debts? Bankruptcy, whether Chapter 7 or 13 doesn’t get rid of all debts. Alimony and child support are not…Read more
How Do I Pay My Bankruptcy Attorney?
One of the questions I always get asked whenever I tell someone I’m a bankruptcy attorney is, “How do your clients pay you if they can’t pay their bills?” You probably won’t be surprised that it’s also a question I get asked when people come in for a free consultation to talk about whether bankruptcy…Read more
9th Circuit Court of Appeals Bankruptcy Decision – California Franchise Tax Board v. Jones (In re: Brenda Marie Jones)
At issue in this bankruptcy appeal is a tax debt owed by Brenda Marie Jones (“Jones”) to the California Franchise Tax Board (“FTB”). The bankruptcy court and the Bankruptcy Appellate Panel (“BAP”) found that the debt was not excepted from discharge in Jones’s Chapter 7 bankruptcy proceeding. Although debts arising before a discharge order in a…Read more
7th Circuit Court of Appeals Bankruptcy Decision – Reedsburg Utility Co v. Grede Foundries, Inc.
When debtor and appellee Grede Foundries, Inc. entered bankruptcy, the Wisconsin smelting plant owed more than $1.3 million in delinquent utility charges to the local municipal utility, appellant Reedsburg Utility Commission. Months after Grede filed for bankruptcy, and despite the automatic stay that accompanied Grede’s filing, Reedsburg implemented the process pursuant to state law by…Read more
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