You may find yourself in the position of having many creditors hounding you to pay off your debts, and it may be tempting to agree to pay off one of them. This could be especially true if the person you’re paying off is a family member. If you decide to payoff a loan from a…Read more
Can I Be Evicted if I File Bankruptcy?
One of the first questions I ask a potential client is whether she owns or rents her home. If she rents, I’ll ask her if she is up to date on her rent. If she’s behind on her rent, I’ll want to know if she’s been served with an eviction lawsuit. The second your bankruptcy…Read more
Debt Collection – The Movie
What is a Reaffirmation Agreement in Bankruptcy?
A reaffirmation agreement is an agreement between the debtor and a creditor by which a debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt. What that means is that, if you sign a reaffirmation agreement, and you become unable to pay that debt, the creditor will be able to…Read more
What is a Bankruptcy Petition Preparer?
A “bankruptcy petition preparer” is a person or firm which is not authorized to act as an attorney, but who fills out your bankruptcy petition and related forms for a fee. Bankruptcy petition preparers can only provide and type the forms. They may not give you legal advice. Their services are subject to restrictions and…Read more
What is a Motion for Relief from Stay In Bankruptcy?
Under certain circumstances, a creditor or a party seeking to continue an action outside of the bankruptcy will file a motion for relief from stay. Typically, the creditor is seeking to foreclose on property, sell it and apply the proceeds to the debt. The motions are most common in cases where there is no value…Read more
What Are Exemptions in Bankruptcy?
The Bankruptcy Code allows an individual debtor to hold back from the bankruptcy process certain property. Such property is called an exempt asset. Exempt assets are protected by state law from distribution to creditors. Examples of exempt assets include vehicles up to a certain value, equity in a home up to a certain value, and…Read more
Do I Have to Pay My Ex-Spouse’s Debts if He Files Bankruptcy?
What Happens If My Ex Files For Bankruptcy? I get lots of calls from people who have gotten a notice from the bankruptcy court about their ex-spouse’s bankruptcy. They want to know what the notice means and if they need to do anything. They are panicking, because they don’t understand what their ex’s filing means…Read more
What are Local Bankruptcy Rules?
The Local Bankruptcy Rules for the District of Colorado supplement the Federal Rules of Bankruptcy Procedure and the Bankruptcy Official forms by providing guidance for cases filed in Colorado. The Local Rules are very important because they contain information about filing cases and pleadings that are specific to the Colorado Bankruptcy Court. You may obtain…Read more
What is a Certificate of Service in Bankruptcy Court?
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
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