Colorado Bankruptcy Legal Questions

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130 legal questions have been posted about bankruptcy by real users in Colorado. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Colorado Bankruptcy Questions & Legal Answers
Do you have any Colorado Bankruptcy questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 130 previously answered Colorado Bankruptcy questions.

Recent Legal Answers

How do I get accounts included in bankruptcy removed from my credit report

Answered 4 years and 6 months ago by William Eugene Maddox, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
Filing bankrutpcy does not remove creditors from you credit report.  If you did not reaffirm the debts, they should report as "included in bankrutpcy' and have a $0 balance.  If they do not reflect this way, you should dispute them with each credit bureau online.  
Filing bankrutpcy does not remove creditors from you credit report.  If you did not reaffirm the debts, they should report as "included in... Read More
If you have paid the car off in full then the lender must release the lien. If the lender fails to do so you may sue the lender for failing to release the lien.
If you have paid the car off in full then the lender must release the lien. If the lender fails to do so you may sue the lender for failing to... Read More
They would be dischargeable in a Chapter 13 case, but not in a Chapter 7.
They would be dischargeable in a Chapter 13 case, but not in a Chapter 7.

Could I file for bankruptcy after this divorce is over?

Answered 8 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Your ex's attorney fees are usually not dischargeable in bankruptcy (never if the attorney knows what they're doing). Don't agree to paying your spouse's attorney fees thinking that you'll discharge them later.
Your ex's attorney fees are usually not dischargeable in bankruptcy (never if the attorney knows what they're doing). Don't agree to paying your... Read More

If I file bankruptcy, will the car be taken from me?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Maybe not. There's not enough info here to give you a definitive answer.
Maybe not. There's not enough info here to give you a definitive answer.

If I file bankruptcy, will the car be taken from me?

Answered 8 years and 5 months ago by attorney Mr. Rex K. Daines   |   4 Answers   |  Legal Topics: Bankruptcy
The bankruptcy is not the issue. Status of the car loan is the issue. If the car payments are current an the car is insured, it will not be taken away. If the car payments are current, it will not negatively effect the other person's credit.
The bankruptcy is not the issue. Status of the car loan is the issue. If the car payments are current an the car is insured, it will not be taken... Read More

Can I keep the house it when it doesnโ€™t sell after bankruptcy?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
The trustee doesn't care whether your house sells for a fair price, only whether it sells for enough to pay the trustee?s bloated fees. You need to speak with a lawyer about protecting your interest in the house.
The trustee doesn't care whether your house sells for a fair price, only whether it sells for enough to pay the trustee?s bloated fees. You need to... Read More

Is the credit union likely to repossess my travel trailer included in a chapter 7?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
In my opinion, it's unlikely that the credit union will repossess the trailer. Used trailers are hard to sell and expensive to haul around and store. Since I have no familiarity with your credit union, I have no idea if they will settle for $2,000 to release their lien.
In my opinion, it's unlikely that the credit union will repossess the trailer. Used trailers are hard to sell and expensive to haul around and store.... Read More

Can I file bankruptcy if my sister filed bankruptcy at the same address recently and she did not include me in her household number?

Answered 8 years and 5 months ago by Patrick William Currin (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Can I file bankruptcy if my sister filed bankruptcy at the same address recently and she did not include me in her household number?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
For bankruptcy, a household is an economic unit. So if you're paying your own expenses and not contributing to their expenses, your economic unit is just one.
For bankruptcy, a household is an economic unit. So if you're paying your own expenses and not contributing to their expenses, your economic unit is... Read More
Yes. The address should not be an issue.
Yes. The address should not be an issue.

Who gets the gap insurance money from a car that was in a chapter 13 bankruptcy?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The money goes to the car lienholder for the amount of the loan. Anything above that, if any, goes to you.
The money goes to the car lienholder for the amount of the loan. Anything above that, if any, goes to you.

Can I file bankruptcy if I am currently out of the country?

Answered 8 years and 5 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No. You must live in the district at least 3 months & a day.
No. You must live in the district at least 3 months & a day.

Per the FCRA, how reaffirmed cars should show up?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If you were delinquent on the loan for months, that will still show in your credit report.
If you were delinquent on the loan for months, that will still show in your credit report.

If I have a HELOC but the company missed the title when I sold it, I filled chapter 7 recently, can I be sued for that loan?

Answered 8 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Probably not. It is hard to be definitive since your information is sparse, at best.
Probably not. It is hard to be definitive since your information is sparse, at best.

If I have a HELOC but the company missed the title when I sold it, I filled chapter 7 recently, can I be sued for that loan?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
You can't be sued on the HELOC (Home Equity ?Line Of Credit, a type of second mortgage) as long as you listed the creditor in your bankruptcy.
You can't be sued on the HELOC (Home Equity ?Line Of Credit, a type of second mortgage) as long as you listed the creditor in your bankruptcy.

If I sign an arbitration clause with an auto loan contract and the dealership cancels said contract, is the clause canceled as well?

Answered 8 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
In all likelihood, there is no longer an operative arbitration clause.
In all likelihood, there is no longer an operative arbitration clause.

If I sign an arbitration clause with an auto loan contract and the dealership cancels said contract, is the clause canceled as well?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Usually an arbitration clause in a contract applies to that contract and survives termination of the contract. So, if you have a dispute with Contract A and the arbitration provision specifies it survives termination, then you'd have to handle the dispute under Contract A's arbitration provision. Since there is no arbitration provision in Contract B, any dispute in Contract B would be handled in court. However, given the cost of going to court, if there is no arbitration provision you realistically don't have any remedy except small claims court. Few attorneys are willing to take a case unless the expected damages are over $50,000 or you agree to pay their hourly rate and deposit a retainer of $10,000.... Read More
Usually an arbitration clause in a contract applies to that contract and survives termination of the contract. So, if you have a dispute with... Read More

Does a bankruptcy 7 or 13 remove a lien on property or on a bank account placed by a credit card company?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
A lien from a credit card company is referred to as a judgment lien. Both Chapter 7 and Chapter 13 remove judgment liens.
A lien from a credit card company is referred to as a judgment lien. Both Chapter 7 and Chapter 13 remove judgment liens.

If I do finally surrender it, how long until I have to move and what happens to all my other unsecured debt?

Answered 8 years and 7 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You are so busy making assumptions like whether the court needs to approve a foreclosure and whether the bank is going to foreclose because of the substantial loss they will take, I do not see you being willing to accept advise that conflicts with your view of the world. Once the lift stay is granted by the bankruptcy judge, and it will be granted if you have not been paying the mortgage, the bankruptcy judge will no longer have any ability to stop the foreclosure. Ten years ago, lots of people assumed that the bank would never foreclose. They were wrong. In determining your Chapter 13 budget, your plan payment was based on your promise to make your mortgage debt and your HOA dues. Since you failed to make these payments, you spent money that should have been going to pay your creditors. Under these circumstances, I do not see any future in you continuing to remain in Chapter 13. You need to discuss this with your Chapter 13 attorney and be realistic.... Read More
You are so busy making assumptions like whether the court needs to approve a foreclosure and whether the bank is going to foreclose because of the... Read More

If I do finally surrender it, how long until I have to move and what happens to all my other unsecured debt?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You can always ask for a loan modification but the bank doesn't have to grant it. Since the bank has asked for relief from stay, it's safe to assume they intend to foreclose.
You can always ask for a loan modification but the bank doesn't have to grant it. Since the bank has asked for relief from stay, it's safe to assume... Read More

If I do finally surrender it, how long until I have to move and what happens to all my other unsecured debt?

Answered 8 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Trying to answer questions like this without looking at your entire BK file, including your current financial situation, is a "guess" at best. Pay an experienced BK lawyer for two hours of their time to review your BK file, ask you questions about your current situation, so you can get quality legal advice. Now is not the time to skimp!... Read More
Trying to answer questions like this without looking at your entire BK file, including your current financial situation, is a "guess" at best. Pay an... Read More

What can I do if my husband was arrested because he didnโ€™t show up for court and he owes $2988.34 for a car?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If it's your husband's debt, you can't do anything. Well, you could pay it off but that strikes me as flushing a large chunk of change. He probably wouldn't even be grateful. If he wants to eliminate the debt he could file bankruptcy.
If it's your husband's debt, you can't do anything. Well, you could pay it off but that strikes me as flushing a large chunk of change. He probably... Read More

If Chapter 13 payments are now 100%, can I do a 401k hardship withdrawal?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
401(k) plans have many options. One of those options is the terms of hardship withdrawals. So, what's a hardship withdrawal at one employer might not be a hardship withdrawal at another employer. However, even if it's a hardship withdrawal, you'll pay significant taxes and reduce your retirement benefits. Unless you want to be working at 75, I recommend you don't touch your retirement money.... Read More
401(k) plans have many options. One of those options is the terms of hardship withdrawals. So, what's a hardship withdrawal at one employer might not... Read More

How is my three year old chapter 13 affect my inheritance?

Answered 8 years and 7 months ago by Kimberly Ann Fives (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
It can be used to settle your debts until your chapter 13 consolidation plan is complete.
It can be used to settle your debts until your chapter 13 consolidation plan is complete.