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Category Archives: Court

Don’t Wait For The Eleventh Hour To Hire Your Bankruptcy Lawyer

One of the common mistakes that many people make when it comes to hiring a bankruptcy lawyer is to wait until the last moment to retain professional help. The law does not demand that you hire a Colorado bankruptcy lawyer or a Denver bankruptcy attorney. You can file bankruptcy on your own without an attorney. […]

Dangers of using Petition Preparer to file your Bankruptcy

Dangers of using Petition Preparer (non-attorney) to file your Bankruptcy The United States Trustee recently filed a complaint against a non-attorney petition preparer for the negiligent handling of a client’s case. The trustee cited the recent increase in pro se filings that have resulted from individuals using a petition preparer to file their case. In […]

Debt Settlement

There are many commercials from debt settlement companies that promise to settle debts for pennies on the dollar or for low monthly payments. You should be skeptical about these claims. These ads and the national debt settlement companies are harmful to consumers. In some cases, it makes sense to settle your debt and Consumer Law […]

Should You Sign A Reaffirmation Agreement?

A reaffirmation agreement removes a secured loan from your bankruptcy discharge. You will remain personally liable for the loan after your discharge is ordered if you sign such an agreement. You have the right to rescind a reaffirmation agreement at anytime before your case is closed. Advantages of signing a reaffirmation agreement. Unless you sign […]

The Importance Of Choosing a Bankruptcy Attorney With a Good Reputation

When you are choosing a bankruptcy attorney, you should ensure that you are working with a reputed law firm or with a reputed bankruptcy lawyer. One of the reasons why people hire a Denver bankruptcy lawyer or a Colorado bankruptcy lawyer is to get professional assistance in ensuring the best possible outcome. It is therefore […]

Complaints Against Discharge

Complaints against discharge filed by creditors. There is no set dollar limit that will trigger a complaint against discharge, however, the potential for a complaint increases for those individuals with significant unsecured credit card debt. In the two cases in which complaints were filed against our clients (out of hundreds of clients) , the clients […]

Is it better to do a Loan Modification Before or After Filing Bankruptcy?

When a bankruptcy is filed, the mortgage servicer will transfer the file from the department it is in to the bankruptcy department. The bankruptcy department NEVER picks up where the other department left off. Therefore, if the modification is not final, then the debtors will need to start over from scratch. In the meantime, if […]

Should You Hire a Bankruptcy Attorney?

Is it Necessary To Hire A Bankruptcy Lawyer? Filing for bankruptcy is one of the most distressing times of one’s life. Bankruptcy is the last resort to deal with one’s overwhelming debt problems and this should be strictly sought only when there are no other options. When people do go for bankruptcy filing, they will […]

Marital Debt to Third Party Excepted From Discharge

Wodark, Glennette L; In re (Wodark v. Wodark) 20 CBN 648 (Bankr: 10th Cir: 2010). This case comes from the 10th circuit, in which Colorado is a member. A husband and wife obtained a divorce and listed a debt in their divorce papers the wife was to be solely responsible for. The wife filed a […]

May remove 2nd mortgage in Ch. 13 but not Ch. 7

Grano, Jospeh S. and Ann; In Re (Grano v. Wells Fargo Bank) 20 CBN 438 (Bankr. W.D.N.Y. 2010) The holding of Dewsnup v. Timm, 502 U.S. (1992) continues to bind chapter 7 debtors. The Chapter 7 debtors filed an adversary proceeding against Wells Fargo Bank N.A. The debtors alleged that their home was worth $445,000 […]

Consumer Bankruptcy Filings on the Rise

Consumer bankruptcy filings approached pre-BAPCPA levels in 2009. According to the Administrative Office of the U.S. Courts, there were 1,412,838 consumer bankruptcy petitions filed last year. That figure marked a 31.5 per cent increase from 2008 when 1,074,108 consumer bankruptcy petitions were filed, and it was the most consumer bankruptcy cases filed during a calendar […]

Debtors Have Right to Convert Non-Exempt Assets into Exempt Assets Before Filing

MAXIMIZING THE BENEFIT OF A DEBTOR’S EXEMPTIONS Generally speaking it is neither illegal nor improper to arrange or rearrange a debtor’s financial affairs to maximize the benefit of a debtor’s exemptions. As explained by one court: It is well established that under the Code the conversion of non-exempt to exempt property for the purpose of […]

Private Student Loans may once again be dischargeable in bankruptcy

On September 16, 2010, the House Judiciary Subcommittee on Commercial and Administrative Law took the first steps in reversing language in the 2005 bankruptcy law related to private student loan debt by approving on a 6-3 party line vote H.R. 5043, the Private Student Loan Bankruptcy Fairness Act. NACBA has been actively involved in helping […]

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