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Is Filing for Bankruptcy the Same as Stealing?

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I was having a conversation recently with a friend.  We were talking about my practice and bankruptcy in general.  It was just another conversation, until he told me, “I think bankruptcy is stealing.”  He was essentially challenging me, and the subtext of his comment was how could I help people who steal.  The comment caught…Read more

What is the 342(b) Notice in Bankruptcy?

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During the course of your bankruptcy you’ll be given several notices to fully inform you of your rights and obligations.  One of these notices is required under Section 342(b) of the Bankruptcy Code. Section 342(b) reads: Before the commencement of a case under this title by an individual whose debts are primarily consumer debts, the…Read more

What is the 527(b) Notice in Bankruptcy?

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Under the Bankruptcy Code, an attorney must provide you with certain disclosures in the course of counseling you on bankruptcy. These important disclosure ensure that you are completely educated about your options in bankruptcy, as well as some of its consequences. Section 527(b) of the Bankruptcy Code requires the disclosure below: A debt relief agency…Read more

Should I File Bankruptcy if I Have Children?

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How Will Filing Bankruptcy Affect My Children? This being my first Father’s Day, I’ve been thinking a lot about my daughter.  And my clients.  Many of my clients struggle with the decision to file bankruptcy.  They acknowledge that they owe their debts.  They just can’t pay them. Nevertheless, they feel a tremendous amount of guilt…Read more

How Do I Object to a Proof of Claim in Bankruptcy?

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When you file bankruptcy, an estate is created.  Included in the estate are your assets, both exempt (protected from the trustee) and nonexempt (not protected from the trustee).  A typical Chapter 7 bankruptcy is a “no asset case,” meaning that there are no nonexempt assets that the trustee can auction and distribute the proceeds to…Read more

8th Circuit Bankruptcy Appellate Decision – Hidy v. Bullard

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Held: Bankruptcy court did not err in finding that the collateral estoppel doctrine did not preclude it from deciding whether debtor’s actions met the requirements of section 523(a)(6) of the Bankruptcy Code; nor did the court err in finding that the the debtor did not act with maliciousness for the purposes of 523(a)(6); as a…Read more

Should I File Bankruptcy for My Medical Bills?

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Medical debt is in the top three reasons that my clients give for filing bankruptcy.  Unemployment and divorce are the other two. While medical debt is generally dischargeable, before you decide to file bankruptcy, you should think about a couple of things. First, how attached are you to the doctor whose debts you’re trying to…Read more

Should I File Bankruptcy If I Don’t Own Anything?

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It happens all the time.  Someone will come in for their free consultation, thinking they need to file bankruptcy right away.  After spending an hour or more with them and going over their finances, I’ll tell them that I don’t think bankruptcy is their best option.  Sometimes, it’s because they’re judgment proof.  You might have…Read more

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Peter Mullison, Attorney Denver Bankruptcy Attorney Read Peter's Bio

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