One of the biggest concerns that my clients have is whether or not they will be able to have a credit card after they file bankruptcy. Credit cards have become such a big part of our culture, it is hard to imagine life without one. Yet, credit cards account for some of the biggest debt…Read more
Where Can I Make a Complaint Against a Collection Agency in Colorado?
If you believe you are being harassed by a debt collection agency in Colorado, you should contact the Colorado Collection Agency Board. This agency handles complaints against collection agencies that are operating in violation of the Colorado Fair Debt Collection Practices Act. You can contact Board here: 1525 Sherman Street, 7th Floor Denver, CO 80203…Read more
What Does the U.S. Constitution Say About Bankruptcy?
Bankruptcy is a hard decision and many people struggle with the idea of going back on their promise to pay back their debts. I believe the decision to file bankruptcy is a personal one, but I think it is important to put the legal concept of bankruptcy in context. Bankruptcy is a centuries old concept. …Read more
Can I Modify My Chapter 13 Bankruptcy Plan?
Considering that a Chapter 13 payment plan can last anywhere between three and five years, a lot can happen to your personal finances during that time. If you have taken a pay cut or had an unexpected increase in expenses and are having trouble making your plan payments, you may want to consider asking the…Read more
When Does Walking Away From Your Mortgage Make Sense?
There has been a lot of talk in the news lately about people walking away from their mortgage. It seems like a drastic step to take, and I get concerned when these stories make it seem as though walking away is a good idea for any homeowner. The New York Times has a review of…Read more
Can an Order for Confirmation of a Chapter 13 Plan be Revoked?
A court may revoke a revoke an order for confirmation of a Chapter 13 bankruptcy plan within 180 days of its entry. Section 1330(a) of the Bankruptcy Code provides: On request of a party in interest at any time within 180 days after the date of the entry of an order of confirmation under section…Read more
When is the First Plan Payment Due in a Chapter 13 Bankruptcy?
Section 1326(a)(1) of the Bankruptcy Code provides: Unless the court orders otherwise, the debtor shall commence making payments not later than 30 days after the date of the filing of the plan or the order for relief, whichever is earlier. It is important to remember that your payment may be due before your meeting of…Read more
What Happens If Someone Gets A Default Judgment Against Me But Never Served The Lawsuit?
How Can I Eliminate A Default Judgment In Colorado? It can happen. You’re minding your own business in your cubicle at work and someone from payroll shows up and lets you know they just got a garnishment order. Your next check is going to be light by about 25%. You wonder how this can be,…Read more
Why “When” You File Bankruptcy is as Important as “If” You File Bankruptcy
Hopefully, you’re reading this blog, because you’re looking for information about bankruptcy and you think that I provide reliable information. That’s my objective. I’ll be the first to tell a prospective client that I think bankruptcy should be an option of last resort. I have talked more than a few prospective clients out of filing…Read more
Who Can File Chapter 13 Bankruptcy?
Section 109(e) of the Bankruptcy Code provides: (e) Only an individual with regular income that owes, on the date of the filing of the petition, noncontingent, liquidated, unsecured debts of less than $360,475 and noncontingent, liquidated, secured debts of less than $1,081,400, or an individual with regular income and such individual’s spouse, except a stockbroker…Read more
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