Colorado Bankruptcy Legal Questions

Obama and Fellony haven't got the power to take the constitutional rights of non-contributors away yet, so that prohibition against debtors' prison means that you still can't be arrested for not paying a debt. There will not be a warrant for your arrest. They can sue you, garnish your wages, etc. but not arrest you.... Read More

Your lawyer isn't familiar with bankruptcy and is too stupid to know she or he is ignorant and look up the law. If the judge didn't approve your reaffirmation agreement, then reaffirmation agreement isn't effective. You can tell them you're moving and leave. I would recommend that you do a deed in lieu or a short sale, so you don't have a foreclosure on your credit record.... Read More

Yes, she can file bankruptcy without notifying you. You're married not master and slave. If you have joint creditors, then you're still liable and she's not. If it's her separate debt, then your not liable. Filing bankruptcy is one of the methods for getting a spouse who's dragging their feet on a divorce to get moving.... Read More

I guess I would want to know what your ultimate goal is to be able to offer you advice. Do you want to keep your house or short sale it? I would be reluctant to represent you in a bankruptcy case with a mere $10,000 in debt, most bankruptcy cases I take have at least twice that amount of unsecured debt. And if you short sale or let your house go into foreclosure, it is very unlikely the lender will pursue you to collect the difference between what you owe and what the property ultimately sells for.... Read More

I know you are thinking about the Means test in bankruptcy, but that part of bankruptcy law is so misunderstood that it is comical. There is no maximum income threshold to FILE chapter 7 bankruptcy. If your income is above a certain amount, which varies widely throughout the US and is based on the size of your household, you must complete additional paperwork if you have mostly consumer debts. If you have mostly business debts, this paperwork is unnecessary. The bottom line is about what is called the GOOD FAITH TEST which assesses whether you could pay one fourth of your debts off over a 5 year period if you made a realistic effort to do so. So someone with a high income, but equally high living expenses, such as a mortgage payment and car loans could be eligible to file Chapter 7. The devil is in the details, so if you are a high income earner, you can retain an attorney to help you to become eligible. If you can afford to pay your debts, the law says you are not eligible for Chapter 7 but may get help instead in Chapter 13.... Read More

Throw us a bone here ? we would need some context. Such as are you currently in a Chapter 13? If so, what goal are you trying to achieve? Do you have a lot of additional medical debt that was made after the Chapter 13 was filed? How long have you been in your Chapter 13? Are you saying that you can no longer make your plan payments and are looking for options? If you are not currently in a Chapter 13, what goals would you want to attain in a Chapter 13? Do you need bankruptcy at all? Do not get me started, I have too many concerns about your situation to be able to offer you an answer.... Read More

No one had a crystal ball at the time you filed bankruptcy, and when you filed, it sounds like you did so in good faith. After the stress of dealing with your debts was relieved, your personality may have changed and you be so happy that you became more employable. Everyone in the bankruptcy court system is happy this happened and it will not prevent you from getting your discharge. I am happy for you too, as I am for my many clients who have had this wonderful karma occur.... Read More

I'm not sure what state you are in. The successful bidder at the foreclosure sale (mortgage company usually) will have to start the eviction process. However, their are other possible options. Meet with an experienced real estate lawyer. Isn't it worth it to you to get legal advice how to stay in your home an extra thirty or sixty days? For example, if you are looking at paying rent of $1,800 per month, and a lawyer can show you how to stay in your home an extra sixty days, wouldn't it be worth it to pay a lawyer $250 for this legal advice? Of course it would be. Good luck!... Read More

You are not able to protect property from foreclosure unless you are on the title to the property as an owner. Whose name is on the financing is more or less unimportant. Not sure if or how bankruptcy could provide you with any meaningful help in this situation, but more details could clarify. Suggest you meet with a bankruptcy attorney in person.... Read More

You do not have to file bankruptcy just because your spouse is filing. I would not recommend quit claiming title to the house without speaking with a bankruptcy lawyer. People often call it a quick claim because it is quick, but it is actually a quit claim because you are quitting owning the property. BTW, you may find that it is in your best interests to also file bankruptcy, so do not just dig in your heels because your husband wants you to file. Often you can come out way better by joining together for this one last mutually beneficial proceeding.... Read More