When you file a motion or pleading with the bankruptcy court, you must file a written statement that you have mailed or delivered a copy of the motion to all interested parties. This is called a certificate of service. You must list the name and address of each person and attorney being served with the…Read more
What is an Adversary Proceeding in Bankruptcy?
An adversary proceeding is a lawsuit arising in or related to a particular bankruptcy case. It is commenced by filing a Complaint with the bankruptcy court, and is given a separate case number. The Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules state which actions must be brought as adversary proceedings, and the…Read more
6 Things You Should Know Before You Go to Your Meeting of Creditors
Of all the things that seems to intimidate my clients about bankruptcy, the “meeting of creditors” (also called the “341” meeting after the Bankruptcy Code section that sets forth its requirement), is near the top of the list. The meeting of creditors is the only appearance that most of my clients will ever make during…Read more
What is the Difference Between Secured Debt and Unsecured Debt?
When filing bankruptcy, it is important to know the difference between your secured and unsecured debt. Secured debt and unsecured debt may be treated differently, particularly if your are trying to keep the collateral which secures the debt, like a car or home. Secured Debt: A secured debt is a debt that is backed by…Read more
What Happens After I File My Bankuptcy Case?
When you file your petition, the “automatic stay” may take effect depending upon whether you have had more than one bankruptcy case pending and dismissed in the year before filing the current case. The automatic stay prohibits creditors from taking collection action against you or your property. The bankruptcy court issues a notice to all…Read more
Debt Collection Defenses That Do Not Work
Colorado law requires you to have a legal defense to a claimed debt. If you come to court with one of the defenses below, whoever is suing you is going to get judgment. I CAN’T PAY Whether or not you can repay your debt does not answer the question of whether a contract exists. If…Read more
How to Avoid Default Judgment – The Golden Rule
So, some nice guy has showed up and served you with a summons. Go ahead, take a look at it. Look carefully, there will be a date on there, which is either the date that you need to show up at court or the date by which you need to file an answer. What happens…Read more
What To Do When You Get Served By A Debt Collector
Boom! You’ve been served. The clock is ticking. What now? The summons will include the date by which you need to respond to the complaint. Depending on in which court the lawsuit has been filed in Colorado, county court or district court, you have a couple of options. You can find out which court the…Read more
How to Stop Harassment by Debt Collectors
The New York Times has an article on a lawsuit in New York against debt collectors who engage in fraudulent practices. They were doing all sorts of nasty things, like not actually serving lawsuits but asking for default judgment, which is apparently called “sewer service”. What happens is that the first time the debtor learns…Read more
What Is Debt Collector Harassment?
The federal Fair Debt Collection Practices Act is very clear as to what constitutes harassment: A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following…Read more
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