Colorado Bankruptcy Legal Questions

So it is not clear what you want. If you want to return the vehicle, call the lender and ask where you should take it to turn it in. If you wanted to keep the vehicle, you should have filed a motion to redeem the vehicle before your case was discharge. While the lender may pick up the vehicle at any time, they may decide never to bother doing this. But this decision does not mean the lender will turn over the title to you. That generous, they aren't?... Read More

You are asking multiple questions here. Whether your husband can buy a home in his name only depends on the lender you choose, and their criteria. If your current home is in both your names, the sale of the home will have to be reported in your bankruptcy case, and you will have to account for the proceeds. It is certainly legal for one spouse in a marriage to file bankruptcy by herself, but whether it is advisable depends on a number of other factors which should be considered in a personal consultation with an experienced bankruptcy lawyer.... Read More

I am not going to get into the problems with your lawyer, although by your account he is not representing you competently or diligently both of which violate the law governing lawyers. Ordinarily the unsecured creditors should r ed Clive the proceeds of the sale although there is authority for the proposition that the increase in value under this particular set of circumstances belongs to you. Not every federal district may agree. You really need a lawyer in whom you can have confidence.... Read More

You should be able to file without its affecting your husband. Unfortunately, though, that depends on the discernment of whoever is reviewing your credit report. So if you should apply for credit, you might want to make sure the creditor knows that your husband did not file. Also, please keep in mind that you can get a discharge only after eight years have passed since the date of filing your most recent Chapter 7.... Read More

First things first. Notify the three major credit reporting agencies of the error. Notify the clerk of the court in which the judgment was granted. It would be good to send all recipients of the correction a copy of the bankruptcy discharge. You can also file a motion for contempt (violation of the bankruptcy discharge) against the creditor who obtained the judgment. This will almost certainly require the creditor to take affirmative steps to correct your record. You might have to pay a fee of $300 to reopen the case; and you would be well advised to retain a lawyer. (If the Court agrees, the creditor can be made to pay your attorney's fee.) As to suing the creditor: you would have major problems of proof. You'd have to demonstrate that the judgment was the only, or the primary factor, in your credit score having fallen, and you would have to demonstrate some particular loss you suffered: e.g. you could not get your car loan for 4%, and you had to pay 10%. Good Luck.... Read More

First things first: why do you need to file at all. If you have no earnings, and no non-exempt property, then your creditors can not get anything from you, at least for the present. If you want to 'clear the decks,' so your marriage gives you a more thorough fresh start, you may want to file. Your fiance has just about nothing to do with your bankruptcy, even if he pays some bills. Just be sure to fill out the forms as accurately as you possibly can, recognizing that some things (like budgets) can at best only be good faith estimates. Good Luck.... Read More

Bankruptcy is not something you receive an award for, so I am confused by your question. If your Chapter 7 bankruptcy was discharged in 2014, you may accept title to real estate at any time. But that is not to say that every transfer of title to property is appropriate. For example, if you owned this property when you filed bankruptcy but are just now putting it into your name, there will be problems forever.... Read More

Sure would have helped to answer your question if you had told us what Chapter of bankruptcy your ex spouse filed. If the case is over, it could be too late for you to do anything. In any event, this situation is far too complicated to offer much of an answer and you will need a very experienced attorney in both divorce and bankruptcy law to carefully review the files. Expect to pay top dollar for this work.... Read More

There are two ways of thinking about this, and my strategy is that my clients ought to pay as little as they can in Chapter 13, and it is up to the trustee to ask for an increase, and it is me and my clients to fight against this increase to the extent fighting makes financial sense. Sounds like you think that you should just roll over and pay more because your income increased. So you and I would not get along unless you came around to my way of thinking. However, with this attitude, you are shooting yourself in the foot and are failing to consider that your expenses may be increasing along with your income.... Read More

The process to remove a lien from property eligible for a homestead exemption is called a Lien Avoidance and it must be filed in Bankruptcy Court. If the bankruptcy is closed, the bankruptcy case must first be reopened, which will require paying a filing fee. Since the noticing requirements to implement a lien avoidance are tricky, inexperienced attorneys often have problems getting this process through the courts. It helps to know the local rules backwards and forwards to resolve this matter promptly.... Read More

If it's not fraud, it stinks to high heaven. There is a distinct possibility that you will be breaking three or four serious criminal laws. There is usually a lawful way to achieve an honest aim. Consult an experienced bankruptcy lawyer for advice and representation. It is almost a always worth the investment. Good Luck.... Read More

Gambling debts are dischargeable. ?Trustees seldom have any interest in your debts, they are interested in your assets, the trustee can't get any money from your debts to pay her fees or distribute to the creditors, which is the trustee's job. A hold means that the trustee has one or more issues which have not been covered to her satisfaction, she wants more information and/or more documentation. ?An adjournment means that she feels she's got all the information and documentation that she needs to decide if there are any assets in your case.... Read More