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All posts by: wfoster

Preparing for bankruptcy. Required Documents

Sources of income: You must document all sources of your income for the seven calendar months prior to the month the bankruptcy case is filed. If you file in July, you will need all your paystubs from January 1st through...

Chapter 13 Confirmation Hearing

After a debtor files for chapter 13 bankruptcy, the court schedules a confirmation hearing. If there are no objections to the debtor’s proposed chapter 13 repayment plan, the court will vacate the hearing and confirm the chapter 13 plan without...

Should I file chapter 13 bankruptcy if I have equity in my home?

If the equity in your home exceeds the exemption limit in Colorado, you may be at risk of losing your home by filing a chapter 7 (liquidation). In such cases, I recommend filing a chapter 13 (reorganization/non-liquidation). In most cases,...

Chapter 13 Bankruptcy Creditors

Chapter 13 Bankruptcy – How do Creditors get Paid? Secured Debts In most cases, you will make payments to secured creditors (e.g. mortgage, auto loan) outside of the bankruptcy just as you normally would. If you qualify, you may seek...

What if my spouse doesn’t file bankruptcy with me?

What if my spouse doesn’t file bankruptcy with me? It is common for married individuals to file bankruptcy without including their spouse in the petition. An individual bankruptcy will not affect your spouse’s credit. Your credit profile is attached to...

Tax Refunds and Bankruptcy

Tax Refunds and Bankruptcy Will You Lose Your Tax Refund if You File Bankruptcy? Whether the bankruptcy trustee can take a portion of your tax refund depends on several factors. If you have already spent your refund, the trustee cannot...

Paying for Bankruptcy

Paying for Bankruptcy I am often asked if I accept installment payments. I must inform prospective clients that attorneys are prohibited from demanding payment after a bankruptcy case is filed. Attorneys have been disbarred for this. I keep my overhead...

Keep Credit Card After Chapter 7

Keep Credit Card After Chapter 7 If you have a balance on a credit card at the time you file, you must list that debt on your petition. The bankruptcy laws require that you list all your debts even the...

Questions to Ask a Bankruptcy Lawyer

Questions to Ask a Bankruptcy Lawyer One of the first questions many clients ask is, “What is your fee?” This is a fair question. Some attorneys charge a minimum flat rate of $1200 or more for all types of cases...

Should I File Bankruptcy

Should I File Bankruptcy? If you are asking yourself this question, you are not alone. The path to debt relief is not as long or as lonely as you might think. Every year thousands of people across the State file bankruptcy....