In its motion for summary judgment, Plaintiff sought to establish that a debt owed by Defendant pursuant to the Colorado Mechanics Lien Trust Fund Statute, Colo. Rev. Stat. § 38-22-127, was nondischargeable pursuant to 11 U.S.C. 523(a)(4). Plaintiff also sought treble damages, plus interest and attorneys’ fees, pursuant to Colorado’s Rights in Stolen Property Statute,…Read more
What Happens if I Forget to Ask the Bankruptcy Court to Remove Judgment Liens Filed Against My Home?
One of the primary purposes of personal bankruptcy is to give you a fresh start. If you own a home and have already been sued by one of your creditors, your fresh start could be hampered. When a creditor wins judgment in a lawsuit, you can almost be positive he will file a transcript of…Read more
How to Manage Student Loan Debt
If you have been researching how to discharge student loan debt in bankruptcy, you know that it is next to impossible. Check out the below video from CBS News about how to manage your student loans.
Can I Get a Secured Credit Card After Bankruptcy?
If you are like most people who file bankruptcy, one concern you have is how to re-establish your credit score. One of the more effective and sensible ways of doing so is with a secured credit card. A secured credit card is called that because it is secured by cash that you deposit with the…Read more
What Happens if I Fail to Report Property I Receive After I File My Chapter 7 Bankruptcy?
Once your attorney files your Chapter 7 bankruptcy petition, a bankruptcy estate is created. Included in the estate is any property that you own. If you acquire any property after your case has been filed, you may have to report it to the bankruptcy trustee. One example of such property is if you inherit any…Read more
Do I Have to Include Child Support or Alimony on the Means Test?
How Child Support Or Spousal Maintenance (Alimony) Can Affect Your Ability To File Chapter 7 Bankruptcy Before you file for bankruptcy, your bankruptcy attorney will request income information for the last six months. In order to qualify for Chapter 7 bankruptcy, your income for your household size must be below the median income level…Read more
Colorado Bankruptcy Court Decision – In re Waterman
Judge Brooks considered the question of whether a Chapter 13 debtor may “strip” a wholly unsecured second lien against his residence under 11 U.S.C. section 506 after he has received a discharge of the debt in a prior Chapter 7 bankruptcy case filed less than four (4) years prior to a subsequent Chapter 13 bankruptcy…Read more
Sesame Street Launches New Financial Management Videos for Kids
I am a huge fan of Sesame Street. So, I was happy to hear that Sesame Street has partnered with PNC to create a series of financial management videos to teach kids about budgeting and saving. I think it’s a great idea to start talking about these things as soon as you can with your…Read more
Top Reasons Why Bankruptcy is Better Than Debt Settlement
Is Bankruptcy Better Than Debt Settlement? Wondering you should file bankruptcy instead of trying debt settlement? You’ve come to the right place. But first, in case you haven’t noticed, I’m a bankruptcy lawyer. What you’re about to read might be a little biased. Do your research and make a decision that is best for you.…Read more
10th Circuit Bankruptcy Appellate Panel Decision – Buke, LLC v. Eastburg
The 10th Circuit Bankruptcy Appellate Panel recently addressed the question of whether a bankruptcy court may allow litigation against a debtor to continue in state court notwithstanding the filing of the bankruptcy case. In Buke, LLC v. Eastburg BAP NM-10-060, attached below, the Court found that it was within the bankruptcy court’s discretion to allow…Read more
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