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bulletI am behind on my mortgage, what can I do?  
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Bankruptcy
This Colorado bankruptcy law website will offer basic, general information about filing bankruptcy in Colorado, including Chapter 7, Chapter 13 and Chapter 11 cases.

It will address personal bankruptcy and corporate bankruptcy, liquidation, insolvency, reorganizations, debt consolidation, credit after bankruptcy, re-establishing credit, credit card debt, foreclosures, repossessions, and garnishments, taxes and bankruptcy, discharge of debts, as well as corporate bankruptcy involving asset liquidation and reorganization under Chapter 11.

Bankruptcy is often misspelled as bankruptsy, bankrupsy, or bankrupcy, among other versions.

We are bankruptcy lawyers who specialize in bankruptcy in the North Denver Colorado Metro area. We can help you We make bankruptcy affordable, fast and easy to file and file your bankruptcy....
Click here to begin

 

Bankruptcy lawyer
 Filing bankruptcy can only be done in federal court, and the individual states are not authorized to enact their own bankruptcy laws. The laws are thus uniform throughout the United States; with certain variations allowed to the individual states relating to what assets an individual debtor is allowed to keep ("exemptions"). There are also variations from state to state with respect to the effect of bankruptcy, because the individual states have different laws respecting the nature and extent of a debtor's property interests and other matters.
There are 5 different types of bankruptcy:

  • Chapter 7 - Liquidation or "straight" bankruptcy
  • Chapter 11 - Business reorganization
  • Chapter 13 - Individual debt adjustment
  • Chapter 9 - Adjustment of debts of a municipality
  • Chapter 12 - Adjustment of debts of a family farmer

     Chapters 7, 11. And 13 are the most common form of bankruptcy. 
We are bankruptcy lawyer who specialize in bankruptcy in the North Denver Colorado Metro area.
We make bankruptcy affordable, fast and easy to start your bankruptcy...


What Bankruptcy Can Do for You?
Stop harassing creditors' telephone calls immediately! Stop creditor collection agencies immediately! Stop a mortgage foreclosure of your home (only applies to Chapter 13 Bankruptcy).

Eliminate all of your credit card debt and unsecured debt. Reduce the amount of some of your loans to the actual replacement value of the item that you purchased and not your purchase price (applies to Chapter 13 Bankruptcy).

Help you to get on the path to financial freedom and economic success.

Many people refer to getting rid of their debts in bankruptcy as "bankrupting" the debt. They often ask, "can I bankrupt this debt?" They also ask can I "go bankruptcy?" That is incorrect terminology. The legal term for this is "discharge". What happens in bankruptcy (assuming you are successful) is that your legal obligation to pay on your debt will be discharged.

Debts are never technically eliminated. They still exist after a bankruptcy, but you no longer have the legal obligation to pay on the ones that are discharged (or, bankrupted if you prefer).

With our team of bankruptcy attorneys and lawyers in the North Denver Colorado Metro area...
We make bankruptcy affordable, fast and easy to file your bankruptcy....

 

What happens at my initial consultation?
The initial consultation is a highly informative analysis of your financial situation. This analysis takes into account whether bankruptcy is the best option for you. During the consultation, the attorney will review your assets, debt, income, and expenses

 

Why choose the Law Offices of Custer Roberson for your bankruptcy?
There are Bankruptcy Firms who charge less, and there are Firms who charge more than we do. Our prices reflect our commitment to quality, detail, and the attention we will pay to you and your legal issues. We answer our phones, return calls, and take the time to help people. The Law Offices of Custer Roberson are certain that your experience with us will be second to none, and we encourage you to visit other firms and attorneys before making your decision. We are confident you will choose our personalized services. To learn about what our clients think of us, please see our client reviews on our home page.
Click here for more information

 

Female Bankruptcy Firm (s)
We are Female bankruptcy attorneys who specialize in bankruptcy in the North Denver Colorado Metro area. We make bankruptcy affordable, fast and easy to start your bankruptcy...., collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues, Click here for more information

 

Christian Bankruptcy Attorneys - Firms - Lawyers
We have Christian bankruptcy attorneys who specialize in bankruptcy in the North Denver Colorado Metro area. We make bankruptcy affordable, fast and easy to start your bankruptcy...., collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues, Click here for more information

How long does it take?
Our Firm will prepare the necessary court documents from the information you provide to us. You will then simply meet with one of the Attorney's then review and sign the documents after which we will file the documents with the bankruptcy court. Once we file your case, your hearing will be 30 to 40 days later and, in a Chapter 7, you will be discharged about 8 to 9 weeks after that and you are done. In Chapter 13, the first payment is due to the plan trustee 30 days after filing the Chapter 13 plan.
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What happens at the hearing?
There is no judge or courtroom. A trustee swears you in and asks if your petition is correct, if you listed all your assets and debts, and several other questions. A typical hearing lasts about 5-10 minutes. Creditors normally do not show up. Hearings are held at the Federal Building, located in Downtown Denver at 19th and Stout Street.

Are Chapter 13 Plans Based on the Debtors Income and Assets?
Most Chapter 13 plans provide for only a partial repayment of debt. To be approved by the court, the debtors plan must provide for the debtor to pay to the Chapter 13 trustee a sum equal to the debtors disposable income for at least 36 months, after taking into account the debtors regular monthly living expenses. Also, the plan must pay the creditors at least as much as those creditors would receive if the case were in Chapter 7. Thus, the amount that will be repaid to creditors is dependent upon the debtor's income and assets. The debtors' plan also needs to be filed in good faith.

What is the Meeting of Creditors?
The debtor is required to attend a meeting of creditors, also known as a Section 341 meeting. The meeting typically is held about 1 month after the filing of the bankruptcy, and is conducted by the trustee rather than the bankruptcy judge.

The debtor is put under oath, and the creditors have the right to ask the debtor about the debtors' assets and liabilities. In most cases, the creditors do not bother to appear at the meeting of creditors, and the questioning is done by the trustee. In most instances, the meetings are quite brief, and often limited to the debtor simply confirming that the bankruptcy papers contain a true and accurate listing of all of his assets and debts.

If complications arise, such as litigation with a creditor or the trustee, the debtor may have to attend a court hearing or additional examinations, and he will receive such notice from the court or his attorney.

What options does a debtor have in regards to secured consumer debt?
If the debtor has consumer debts which are secured by property of the estate, then the debtor has several options, which typically must be exercised within 45 days after the bankruptcy filing, and which is reflected in a paper filed with the bankruptcy court called "statement of intention"

  • Surrender the collateral to the secured creditor, make no more payments, and wipe out the debt
  • Formally reaffirm the debt via a written reaffirmation agreement, which is filed with the court. In this instance, the debtor keeps the collateral and keeps making payments in either the full amount of the debt or some agreed-upon reduced amount, but is liable to the secured creditor in the event of a default in payment;
  • Redeem the collateral from the debt by paying the secured creditor the fair market value of the collateral; or
  • Avoid (cancel) the lien, with the debtor keeping the property and making no further payments. This typically can be done only in cases where the debtor has put up household goods as collateral for a loan (other than a loan to purchase the goods).
  • Also, it sometimes is possible for the debtor to keep the collateral, keep making the payments, and not officially reaffirm the debt. In this instance, if the debtor defaults, the secured creditor will have the right to proceed with repossession of the property, but will not be allowed to hold the debtor personally liable if the property is not of sufficient value to pay off the debt.

    Female BANKRUPTCY ATTORNEYS
    Welcome to the Bankruptcy Lawyer's of Custer Roberson. Bankruptcy is often a very effective tool for obtaining relief from oppressive debt. The benefits of filing should be reviewed on a case-by-case basis with a full review of all other options. Special attention should be given to whether the debtor will receive a discharge, and the effects of the discharge. Spouses of debtors often receive indirect relief from a bankruptcy discharge, without having to file a petition. Bankruptcy can be helpful in dealing with secured creditors, and often allows a debtor to retain property and reduce his payments. The co-debtor stay for consumer debts in Chapter 13 provides some relief for a debtor's co-signers. We are female lawyers specializing in bankruptcy. We are bankruptcy attorneys who specialize in bankruptcy in the North Denver Colorado Metro area. We can help you easily & affordably with bankruptcy, collection agencies, and harassment, Start Repairing Your Credit, Bankruptcy. Our Firm will prepare the necessary documents from the information you provide on our online questionnaire. You will then simply sign the documents, after which we will file the documents with the bankruptcy court. Once we file your case, your hearing will be 30 to 40 days later. In a Chapter 7, you will be discharged about 8 to 9 weeks.
    Filing bankruptcy can only be done in federal court, and the individual states are not authorized to enact their own bankruptcy laws. The laws are thus uniform throughout the United States; with certain variations allowed to the individual states relating to what assets an individual debtor is allowed to keep ("exemptions"). There are also variations from state to state with respect to the effect of bankruptcy, because the individual states have different laws respecting the nature and extent of a debtor's property interests and other matters.


    Discharged: Credit card bills, medical debts, repossessions, judgments, collections, back rent, utilities, miscellaneous consumer debts, and certain taxes.
    Not Discharged: Student loans, child support, certain taxes, and criminal fines and penalties.

    We make bankruptcy affordable, fast and easy to file your bankruptcy....
    The initial consultation is FREE.
    There are firms who charge less, and there are firms who charge more. Our prices reflect our commitment to quality, detail, and the attention we will pay to you and your legal issues. We answer our phones, return calls, and take the time to help people. We are certain that you will find our services to be second to none, and we encourage you to visit other firms and attorneys before making your decision. We are confident you will choose our personalized services. To learn about what our clients think of us, please see our client review page.
    We utilize an On line bankruptcy questionnaire, Bankruptcy online, cheap bankruptcy, affordable bankruptcy, affordable fee, do bankruptcy on line, flat fee bankruptcy, affordable business bankruptcy,
    As bankruptcy attorneys in North Denver Colorado Metro we are able to service all areas of North Denver Colorado Metro: North Denver Colorado Metro, Broomfield, Thornton, Boulder, Westminster, Arvada, Lafayette, Louisville, Longmont, Brighton, Glendale, Aurora, Lakewood, Morrison, Gilpin, Summit, Weld, Colorado, Commerce City,

    Affordable Chapter 13 Bankruptcy in the North Denver Colorado Metro area
    All information regarding fees is general in nature. An exact fee cannot be quoted until the complexity of your matter has been evaluated.
    The initial consultation is FREE.
    The fee you are quoted is the entire amount you will have to pay out-of-pocket to complete your case. One set payment that you make to use before your case is filed. As you complete the document production process we will be working hard on your behalf preparing the documents and will complete the entire matter you have hired us to handle without requesting more money from you.
    We utilize an On line bankruptcy questionnaire, Bankruptcy online, cheap bankruptcies, affordable bankruptcy, do bankruptcy on line; We make bankruptcy affordable, fast and easy to file your bankruptcy....

    Low Cost Bankruptcy
    Need help with a bankruptcy? All information regarding fees is general in nature. An exact fee cannot be quoted until the complexity of your matter has been evaluated.
    The initial consultation is FREE.
    The term "bankruptcy" itself is defined as being financially unable to pay one's debts as they become due, or to have more debts than assets. The word derives from a medieval term meaning "broken table". In towns where merchants sold their wares on tables, those with whom he did business would break the table of a non-paying or defaulting merchant.
    The Lawyers of The Law Offices of Custer Roberson can help. With our team of bankruptcy attorneys in the North Denver Colorado Metro area.....Free initial consultation, no charge no obligation. Our fees are low and fair. All information regarding fees is general in nature. An exact fee cannot be quoted until the complexity of your matter has been evaluated.

    The initial consultation is FREE.
    There are firms who charge less, and there are firms who charge more. Our prices reflect our commitment to quality, detail, and the attention we will pay to you and your legal issues. We answer our phones, return calls, and take the time to help people. We are certain that you will find our services to be second to none, and we encourage you to visit other firms and attorneys before making your decision. We are confident you will choose our personalized services. To learn about what our clients think of us, please see our Client review page.
    We utilize an On line bankruptcy questionnaire, Bankruptcy online, cheap bankruptcy, affordable bankruptcy, affordable fee, do bankruptcy on line, flat fee bankruptcy, affordable business bankruptcy,

    Chapter 7 Bankruptcy
    In Chapter 7 bankruptcy, the debtor files a petition with the court, which includes detailed financial information about his assets, debts, and income, and a list of the assets claimed as exempt.  The papers filed with the court are executed under penalty of perjury. The court process usually takes about 3-4 months.

    Bankruptcy is also the statutory procedure under federal law by which a person, known as the "debtor" under goes a judicially-supervised liquidation or reorganization for the benefit of those who are owed money, known as "creditors", where the debtor is usually relieved of most of his debts through what is called "discharge". The debtor's property becomes what is called "the bankruptcy estate". This federal law is commonly known as "the Bankruptcy Code". Bankruptcy filings are all done in federal court, thus ensuring uniformity throughout the United States. Certain variations do occur from state to state relating to what assets an individual debtor is allowed to keep ("exemptions"), and as to the nature and extent of a debtor's property interests and other matters. Therefore, debtors should consult a local Bankruptcy Attorney to ensure the best representation.


    Our Firm will prepare the necessary documents from the information you provide on our online questionnaire. You will then simply sign the documents, after which we will file the documents with the bankruptcy court. Once we file your case, your hearing will be 30 to 40 days later. In a Chapter 7, you will be discharged about 8 to 9 weeks.

    Discharge of Debts
         Certain debts are not wiped out by the filing of bankruptcy, including:

    • Many taxes
    • Alimony, child support and related debts
    • Most educational loans
    • Criminal fines, penalties, and restitution debts
    • Debts incurred as the result of drunk driving
    • Debts arising from fraud, theft and embezzlement
    • Debts for willful and malicious acts
    • Debts, which are reaffirmed.


    Chapter 13


    The debtor files a bankruptcy petition with schedule of assets and liabilities and statement of financial affairs, along with a Chapter 13 plan. The plan provides for repayment of the debtor's debts over a 3-5 year period, from the future earnings of the debtor. A trustee is appointed to receive payments from the debtor and disburse them to creditors. The debtor remains in possession of all of his property, exempt and non-exempt. Upon completion of payments under the plan, the debtor typically receives a discharge, even if he has paid less than 100% of the debt. Certain debts, however, must be paid in full to be discharged.
    The debtor attends a meeting of creditors. Creditors are not entitled to vote on the plan, but are allowed to file objections to the plan if they believe that the plan does not comply with Chapter 13 requirements.

    Being harassed by bill collectors?
    Bankruptcy will stop that harassment!
    Bill collector's harassment - bill collectors - bad debt, old debt, past due bills, credit card debt, IRS bills, collection, collections, late payments, harassment, get rid of debt, eliminate debt,

    How do I save my house from foreclosure?
    Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues, If you cannot pay your house or car payment, the creditor can foreclose, although your bankruptcy will slow them down. You would have to file a Chapter 13 case in order to delay repayment. But beware, many Chapter 13 cases fail, leaving the debtor in worse shape than before.. We make bankruptcy affordable, fast and easy to file your bankruptcy.... Call us before it is too late.

    Being sued, have a writ of garnishment order or judgment? Wage garnishments must stop, even if you file your bankruptcy the day before payday. We are experienced in recovering these funds for you. Please provide us with the name and facsimile number of your payroll clerk so we can take care of this for you.
    Garnishment, garnished, writ of garnishment, summons, sued, judgments, default judgment, stop the bleeding before it is too late!
    The debtor files the vast majority of cases voluntarily. However, creditors are permitted to file involuntary bankruptcy cases against a debtor who is generally not paying his debts as they become due. These types of cases are much more rare. They require 3 or more petitioning creditors who are owed a total of at least $10,000.00; if there are less than 12 creditors in total, then the involuntary petition may be filed by one creditor who is owed at least $10,000.00. 
    We make bankruptcy affordable, fast and easy to file your bankruptcy....


    Get rid of your second mortgage
    Lien Stripping, second mortgage; get rid of a second mortgage, through a Chapter 13 Bankruptcy... Call us before it is too late!

    Lien Stripping Bankruptcy
    Remove a second mortgage, third mortgage, lien on your house. Need help with a Lien Stripping? The Law Offices of Custer Roberson can help. With our team of bankruptcy attorneys, lawyers in the North Denver Colorado Metro area.....

    Free Bankruptcy
    Nothing is for Free and bankruptcy is a complicated process that can be affordable, fast & Easy. Does bankruptcy cost money? Yes, but what is easier? Paying a few hundred for a bankruptcy or the entire debt you owe? Less cost than paying off the bills and bankruptcy is affordable!

    Female Bankruptcy Firm (s)
    We are Female bankruptcy attorneys who specialize in bankruptcy in the North Denver Colorado Metro area. We make bankruptcy affordable, fast and easy to start your bankruptcy...., collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues,


    Christian Bankruptcy Attorney (s)
    We are Christian bankruptcy attorneys who specialize in bankruptcy in the North Denver Colorado Metro area. We make bankruptcy affordable, fast and easy to start your bankruptcy...., collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues,

    Christian Bankruptcy Lawyers (s)
    We are Christian bankruptcy lawyers who specialize in bankruptcy in the North Denver Colorado Metro area. We make bankruptcy affordable, fast and easy to start your bankruptcy...., collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues,
    Debt Relief - Stop Collection Calls - Stop Collection Calls
    We are Firm specializing in bankruptcy in the North Denver Colorado Metro area. We make bankruptcy affordable, fast and easy to start your bankruptcy...., collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues,


    DenverColorado bankruptcy
    We are Firm specializing in Chapter 7 bankruptcy in the North Denver Colorado Metro area. We make bankruptcy in Colorado, affordable, fast and easy to start your bankruptcy... collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues,

    Considering or thinking about declaring bankruptcy?
    We are Firm specializing in consumer bankruptcy in the North Denver Colorado Metro area. We can help you with your options when your are considering declaring bankruptcy. It can be affordable, fast and easy to start your bankruptcy... You can complete much of your bankruptcy online using our easy and fast system. Stop collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues,

    Denver chapter 7 bankruptcy?
    We are Firm specializing in consumer bankruptcy in the North Denver Colorado Metro area. We can help you with your options when your are considering or thinking about declaring bankruptcy. It can be affordable, fast and easy to start your bankruptcy...., You can complete much of your bankruptcy online using our easy and fast system. Stop collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues,


    Taxes and BANKRUPTCY 
    As a general proposition, older income taxes (more than 3 years old) can be wiped out in bankruptcy: income taxes (less than 3 years old) cannot. A debtor/employer can wipe out the employers portion of older, but not newer, payroll taxes. The dischargeibility of state and local, such as sales and use taxes, will depend upon their true nature, i.e., whether they are excise or withholding taxes. The trust fund portion of payroll taxes is generally not dischargeable. Prior to the filing of your bankruptcy, the debtor should have his own particular tax situation


     

    Need help with a bankruptcy? DENVER COLORADO BANKRUPTCY ATTORNEYS
    The Law Offices of Custer Roberson can help. With our team of bankruptcy attorneys in the North Denver Colorado Metro area... We offer a free initial consultation, no charge... no obligation... Click here for a FAST and EASY way to learn about bankruptcy and get started....

    We help clients file for either Chapter 7 Bankruptcy or Chapter 13 bankruptcy With our team of bankruptcy attorneys in the North Denver Colorado Metro area...... You can stop garnishment, stop foreclosure, stop IRS and collection agencies, keep your car and pay less; you get your repossessed car back. We have free consultations, flexible appointments, payment plans, and emergency filing.

    Chapter 7 Bankruptcy eliminates a person's legal obligation on unsecured debt such as medical bills, credit card balances, and payday loans while allowing the debtor to keep his or her home and car.
    Click here for more information

     

    DENVER COLORADO BANKRUPTCY ATTORNEYS Considering Personal Bankruptcy
    Need help with a Personal Bankruptcy? Chapter 7 provides for a complete discharge. Chapter 13 bankruptcy is a debt adjustment procedure for individuals with regular income, who have unsecured debts under $269,250 and secured debts under $807,750.

    Under Chapter 13, you pay back part of your debt over 3-5 years. The debtor files a Bankruptcy petition with schedule of assets and liabilities and statement of financial affairs, along with a Chapter 13 plan. The plan provides for repayment of the debtor's debts over a 3-5 year period, from the future earnings of the debtor.

    A trustee is appointed to receive payments from the debtor and disburse them to creditors. The debtor remains in possession of all of his property, exempt and non-exempt. Upon completion of payments under the plan, the debtor typically receives a discharge, even if he has paid less than 100% of the debt. Certain debts, however, must be paid in full to be discharged, such as:

    • Certain child and spousal support debts
    • Debts caused by the debtors drunk driving
    • Recent taxes


    The debtor attends a meeting of creditors. Creditors are not entitled to vote on the plan, but are allowed to file objections to the plan if they believe that the plan does not comply with Chapter 13 requirements.

    With Chapter 13, you can repay past due home or car loans over time. You may also have the availability of stripping and or avoiding certain secured debt. We will go over those options with you. But beware; many clients default in a Chapter 13, making some payments and then failing and having to file a Chapter 7 anyway.

    Creditors will receive differing amounts of money under a Chapter 13 plan, depending on the nature of the debt, i.e., whether priority, unsecured non-priority, or secured. Priority debt typically includes recent taxes (generally less than 3 years old), and certain spousal and child support claims.

    Unsecured non-priority debts include older income taxes (generally, more than 3 years old), credit card debt, medical bills, personal loans, and any deficiency claims. Secured debts include real estate mortgage loans, car loans, and furniture and jewelry loans. These payments are made by the debtor making payments to the trustee, and the trustee then making disbursements to the creditors.



    Who may file chapter 7 bankruptcy?
    We are Firm of bankruptcy lawyers in the North Denver Colorado Metro area. We can help you with your options when your are filing for bankruptcy. We can help determine if you may a file chapter 7 bankruptcy. It can be affordable, fast and easy to start your bankruptcy...., You can complete much of your bankruptcy online using our easy and fast system. Stop collection agencies, harassment, Start Repairing Your Credit, Bankruptcy, Foreclosure, how do I save my house from foreclosure, behind on my mortgage, mortgage problems, mortgage issues,
    Click here for more information

     

    How much does it cost?
    All information regarding bankruptcy fees is general in nature. An exact fee will not be quoted until an attorney has assessed the issues of your case.

    The initial consultation is FREE. The initial consultation is an informative analysis of your financial situation. We will analysis whether bankruptcy is even the best option for you and any alternatives to bankruptcy, which may be available.

    During the consultation, the attorney will review your assets, debt, income, and expenses to assisting you to evaluate options that are available to help create financial stability in your life. The fee you are quoted is the entire amount you will have to pay out-of-pocket to complete your case. We treat you, as we would like to be treated. One set payment that you make before your case is filed.
    Click here for more information

     

    What about my credit?
    If you have high debt, your credit has already been affected. For most of our clients, discharging high debt improves their credit. Most of our clients receive many offers of credit as soon as they are discharged. Banks know you cannot file a Chapter 7 for another 8 years, and with little or no debt you become a good credit risk.

    We encourage you to explore Veracity Credit Consultants; companies that can help you improve your credit score. With Veracity's assistance you are much more likely reaching your credit score goals. The fact that a debtor has filed bankruptcy can appear on credit reports for 10 years.

    If the debtor was delinquent in his bill payments, then he may have already had bad credit prior to the bankruptcy. If the debtor receives a discharge of his debts, then he will often be in a good position to pay his current bills, and may be able to get new credit. A debtor is entitled to receive a discharge in bankruptcy once every 6 years.

     

    Can I keep one credit card off my bankruptcy for future use?
    You are required under the bankruptcy code to disclose all debt, including all credit card accounts. The credit card companies subscribe to services that notify them of all bankruptcy filings, even if they are not listed on the petition. Once they discover you have filed bankruptcy, they will close your account. You are much better off to just use a debit card for future reservations, Internet purchases, etc.

    What is The Role of the Bankruptcy Trustee?
    The court appoints a bankruptcy trustee, whose job it is to review the bankruptcy filing, conduct the meeting of creditors, review the debtors eligibility for a discharge, liquidate (sell) any non-exempt assets, and distribute the proceeds to creditors under a distribution scheme set forth in the Bankruptcy Code.
    Click here for more information

    What is the difference between Chapter 7 and Chapter 13?
    Chapter 7 provides for a complete discharge.

    Chapter 13 bankruptcy is a debt adjustment procedure for individuals with regular income, who have unsecured debts under $269,250 and secured debts under $807,750. Under Chapter 13, you pay back part of your debt over 3-5 years.

    The debtor files a bankruptcy petition with schedule of assets and liabilities and statement of financial affairs, along with a Chapter 13 plan. The plan provides for repayment of the debtor's debts over a 3-5 year period, from the future earnings of the debtor. A trustee is appointed to receive payments from the debtor and disburse them to creditors.

    The debtor remains in possession of all of his property, exempt and non-exempt. Upon completion of payments under the plan, the debtor typically receives a discharge, even if he has paid less than 100% of the debt. Certain debts, however, must be paid in full to be discharged, such as:

    • Certain child and spousal support debts
    • Debts caused by the debtors drunk driving
    • Recent taxes

         The debtor attends a meeting of creditors. Creditors are not entitled to vote on the plan, but are allowed to file objections to the plan if they believe that the plan does not comply with Chapter 13 requirements.

    With Chapter 13, you can repay past due home or car loans over time. You may also have the availability of stripping and or avoiding certain secured debt. We will go over those options with you. But beware; many clients default in a Chapter 13, making some payments and then failing and having to file a Chapter 7 anyway.

    Creditors will receive differing amounts of money under a Chapter 13 plan, depending on the nature of the debt, i.e., whether priority, unsecured non-priority, or secured. Priority debt typically includes recent taxes (generally less than 3 years old), and certain spousal and child support claims.

    Unsecured non-priority debts include older income taxes (generally, more than 3 years old), credit card debt, medical bills, personal loans, and any deficiency claims. Secured debts include real estate mortgage loans, car loans, and furniture and jewelry loans. The debtor making payments to the trustee, and the trustee then making disbursements to the creditors makes these payments. 

    What debt is discharged, what debt is not?
    Discharged: Credit card bills, medical debts, repossessions, judgments, collections, back rent, utilities, miscellaneous consumer debts, and certain taxes.
    Not Discharged: Student loans, child support, certain taxes, and criminal fines and penalties.
    These debts are not wiped out by the filing of bankruptcy, including:

    • Many taxes
    • Alimony, child support and related debts
    • Most educational loans
    • Criminal fines, penalties, and restitution debts
    • Debts incurred as the result of drunk driving
    • Debts arising from fraud, theft and embezzlement
    • Debts for willful and malicious acts
    • Debts, which are reaffirmed.


    What About Taxes?
    As a general proposition, older income taxes (more than 3 years old) can be wiped out in Bankruptcy; newer income taxes (less than 3 years old) cannot. A debtor/employer can wipe out the employers portion of older, but not newer, payroll taxes. The dischargeibility of state and local, such as sales and use taxes, will depend upon their true nature, i.e., whether they are excise or withholding taxes. The trust fund portion of payroll taxes is generally not dischargeable. Prior to filing bankruptcy, the debtor should have his own particular tax situation assessed.


    Test for Wiping Out Income Taxes
         The Test for wiping out income taxes in Chapters 7 & 11 include:

    • The tax return was due more than 3 years prior to the filing
    • The tax return has been on file for at least 2 years prior to the filing
    • The tax has been assessed for at least 240 days prior to the filing
    • The tax is not based on a fraudulent return
    • There was no willful tax evasion by the debtor.

         In Chapter 13, income taxes can be wiped out if the return was due more than 3 years prior to the filing, and was assessed at least 240 days prior to the filing. In some cases, the tax may be dischargeable even if not assessed prior to the filing.

    Can Utility Debts Be Discharged in bankruptcy?
    Public utilities, such as the gas and electric company, are not permitted to discontinue service because of a bankruptcy filing. However, if the utility bill is included in the bankruptcy and not paid, then the utility has the right to demand that the debtor pay a deposit within 20 days to ensure the continuation of service. Sometimes, the requested deposit is several times the amount of the bill, so it often makes sense for a cash-strapped debtor to simply pay the bill. Utility bills for services arising after the bankruptcy filing are not included in the bankruptcy, and must be paid.

    Will someone come to my home and take my property?
    No, we will notify you of any possibility of loosing personal property. This rarely happens and you do have options if this issue appears. If you have nonexempt property, we can do pre-bankruptcy planning to protect it or negotiate a favorable buy back from the trustee. Rarely, do clients lose any property at all.

    Will my doctor continue to treat me if I discharge his bill?
    Our clients seem to have no difficulty continuing with normal care after filing bankruptcy.

    What do I get to keep?
    Normally, you keep everything. Under Colorado law, you can keep your home, car(s), furniture, appliances, and employer sponsored retirement accounts, as long as they are protected under Colorado exemption law. We will discuss this with you at your consultation. In addition, you are exempt for 1 car per person, but normally high loan balances or low market value solves the problem of excess vehicles. If not, we have other means to help you legally keep your vehicles. Most cases are “No Asset” cases, meaning the trustee does not take any property from the client. Some planning is needed late in the year to make sure you keep your tax refund.

    Can I be “Turned Down” for bankruptcy?
    Not unless there is something extraordinary about your case — like having another Chapter 7 Bankruptcy filed in the last 8 years. Although you can file, your debt will not be discharged.

    Are judgments discharged?
    Yes, most judgments are discharged in bankruptcy. Filing your case also stops wage garnishment, eviction, foreclosure, and repossession.

    What is a Discharge Notice?
    If there are no objections to the debtors' discharge, then the debtor receives a written notice from the court, entitled "Discharge of Debtor", stating that he has been discharged of all of his dischargeable debts. The discharge notice is usually sent out within or week or two after the expiration of the deadline for filing complaints.

    Reasons for Denial of Discharge of Debts
         The individual debtor usually is discharged from legal liability for his debts, and receives a "fresh start". A discharge will be denied for improper activity, including:

    • Transferring property prior to bankruptcy to defraud creditors
    • Failing to list assets or debts
    • Destroying financial records
    • Failing to explain loss of assets
    • Failing to obey court orders
    • Failing to turn over records to the trustee

    Liens
         A priority tax can also be a secured claim, if the entity has duly recorded a tax lien. If a priority tax claim has secured status as well, then in a Chapter 13 as well as Chapter 11, the claim would be entitled to interest. Also, even if a tax is otherwise non-priority, and therefore dischargeable, the tax entity has the right to enforce its lien rights

    What about wage garnishment?
    Wage garnishments must stop, even if you file your bankruptcy the day before payday. Please provide us with the name and number & fax number of your payroll clerk so we can take care of this for you.

    Will my name be published in the newspaper?
    No.

    What are the most common issues that arise on bankruptcy cases?
    If you cannot pay your house or car payment, the creditor can foreclose, although your bankruptcy will slow them down. You would have to file a Chapter 13case in order to delay repayment. But beware, many Chapter 13 cases fail, leaving the debtor in worse shape than before.

    90 Days Before Filing
    If you have large charges or cash advances prior to filing, or have taken out new large loans, the creditor can object to discharge of this debt. We can help you deal with this issue.

    Tax Return
    You keep Earned Income Tax Credit and Child Tax Credits. Timing can be important late in the year to make sure you keep tax refunds. If you have a particularly large return, you should discuss this with your attorney before filing. We are experienced in protecting these funds. As a general rule, debtors filing bankruptcy continue to complete their own returns and pay their own post-bankruptcy taxes. However, in instances where a bankruptcy trustee is appointed, and assets are liquidated and monies paid to creditors, the trustee may be responsible for the preparation of a tax return. Debtors should therefore consult their own tax professionals about their own particular tax situations.

    High Income
    If your income is significantly higher than your expenses, you may not be eligible for a Chapter 7 and may need to consider Chapter 13. This normally is not a problem. This Firm prides itself on our expertise with the B22 form.

    This form is your first defense in maintaining the Chapter 7.
    Of course, job loss can make almost anyone eligible for a Chapter 7.

    Preference Payments
    If you have recently made a large recent to family or a single creditor, the trustee may be able to recover that money and distribute it evenly to all of your creditors. You should consult with your attorney before making any payments prior to filing of your case.

    How do I get started?
    Call us at 303.893.0833 or e-mail us Christine@justaskjane.info. We will be happy to set an appointment.

     How can I get a copy of my Credit Report?
    The quickest way is at www.annualcreditreport.com. This is a free service. Beware: Not all creditor reports are necessarily accurate.

    What else should I do right away if I am going to file bankruptcy?
    • Do not use credit cards or write any checks you may not be able to cover.
    • Do not give away any property.
    • Do not make preference payments to family members or others.
    • Do not make any major financial moves without consulting with your attorney.
    • If you owe more than your car is worth, start considering some of the alternatives:

    • Many dealers are willing to lend to you even before you are discharged from bankruptcy.
    • It is okay for family to loan money to you for a car purchase, after you file bankruptcy.
    • You can purchase an inexpensive “old reliable” to drive temporarily.
    • You can borrow a car from family to drive temporarily.
    • We can file a motion with the court to get you a discount on your current car and a new loan.
    • Do start thinking about your financial objectives after bankruptcy. A good start is to set aside a portion of what you have been paying toward credit cards as a savings fund.


    But I feel “Guilty” about filing bankruptcy.
    This is the most common misunderstanding about bankruptcy. Courts view bankruptcy as the "responsible approach" if you can no longer pay your debt. Many people continue to acquire debt they know they will never repay. It is much better to recognize that you cannot repay your debt, and agree to be responsible for all future debt. Further, you must consider the future. High debt could keep you from affording a home for your family, and funding your children's college tuition. If you cannot fund your retirement, you could become dependent on welfare. This is why courts want you to utilize your rights under bankruptcy law, rather than cashing out your 401k. 

    How can I rebuild my credit after bankruptcy?
    In the past, it was difficult to gain credit after filing bankruptcy. That has changed. After bankruptcy, you should make every home, car, and other installment payment on time. You have to use credit to build credit. Just be very careful as you build your credit, as many people will try to lend to you immediately after bankruptcy.
    Utilize the services of Veracity, this will provide you with an advantage rebuilding and repairing your credit score.

    Buying a Home: It is possible to purchase a home right after bankruptcy, although the interest rates tend to be higher. Of course, if your debt is high now, you are either completely ineligible to buy a home or would pay high interest anyway. We recommend that you spend two years after your bankruptcy saving at least a 10% down payment, and maintaining consistent employment with significant income exceeding expenses. So, you should avoid taking on other debt prior to buying your home.

    Buying a Car: Most dealers are happy to put you in a car as soon as you have your discharge (your discharge comes about 3 months after your date of filing), if you are otherwise eligible. Some will even do this the day after you file your case. It is important to shop around for the best deals and rates.

    Credit Cards: Although you can get secured credit cards right away, we would encourage you to use a debit card on your bank checking account instead until you are eligible for an unsecured credit card. Beware of credit card offers with high monthly fees.  Debit cards can be used for reservations and Internet purchases, just like credit cards.

    Student Loans: Guaranteed student loans are not dischargeable by bankruptcy. We have represented many college students who have been successful borrowing and continue normally with their studies after discharging their debt.

    SCHEDULE A CONSULTATION ONLINE
    Contact our Firm to schedule an informative consultation that will help you take control of your financial affairs and reduce your anxiety. Our bankruptcy attorneys will help you determine if bankruptcy is the right option for you, and what other options may be available given your unique situation.

    We will review your case and discuss your options. This informative, initial consultation will give you knowledge, options, and directions that can put YOU in control. Do not hesitate.

    Contact us today for your FREE Consultation, lets us help you…

    Considering Personal Bankruptcy DENVERCOLORADO BANKRUPTCY ATTORNEYS
    Bankruptcy is often a very effective tool for obtaining relief from oppressive debt. The benefits of filing should be reviewed on a case-by-case basis with a full review of all other options. Special attention should be given to whether the debtor will receive a discharge, and the effects of the discharge. Spouses of debtors often receive indirect relief from a bankruptcy discharge, without having to file a petition. Bankruptcy can be helpful in dealing with secured creditors, and often allows a debtor to retain property and reduce his payments. The co-debtor stay for consumer debts in Chapter 13 provides some relief for a debtor's co-signers.
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    Small Business Bankruptcy DENVERCorporate Bankruptcy ATTORNEYS
    Filing of Chapter 7 or Chapter 11 corporations and partnerships. On the filing of a Chapter 7 petition, the court appoints a trustee. The trustee's primary duty is to sell the assets of the bankruptcy estate, and then make distributions to creditors. The trustee's commissions and other administrative expenses are paid first, followed by payment of priority debts (often taxes), and then to general unsecured creditors on a pro rata basis. In most Chapter 7 cases, the debtor's business operations either had already ceased as of the filing, or stop once the case is filed. In some cases, to preserve an entity's "going concern" value, the court permits the trustee to operate the business. In Chapter 11, on the other hand, the business typically remains in operation, with the debtor retaining control as a debtor in possession. The debtor in possession is given the same rights and duties as a trustee. The goal of the Chapter 11 is to reorganize or liquidate its assets through a court-approved plan, approved by its creditors. Need help with a Small Business Bankruptcy? The Lawyers of Custer Roberson can help. With our team of bankruptcy attorneys and lawyers in the North Denver Colorado Metro

    DENVERCOLORADO BANKRUPTCY ATTORNEYS BANKRUPTCY
    Protect your assets
    Often, honest, hardworking people find themselves in a severe financial crisis because of illness, divorce job loss, or some other unforeseen circumstances. After years of faithfully building up savings and assets, they face financial ruin. US bankruptcy laws are specifically designed to assist individuals and businesses in getting a FRESH START after unfortunate financial developments.

    The most frightening aspects of bankruptcy is the potential loss of assets — that is where the experienced Firm of the Law Offices of Custer Roberson, enter the picture.  We have experience helping all our clients keep and protect their assets, the Law Offices of Custer Roberson are familiar with the bankruptcy laws of Colorado and can help each client develop a personal bankruptcy plan designed to identify protected vs. unprotected assets. We will examine all assets as they relate to the Colorado & Federal exemptions and will work hard to identify discounted values for particular items so they fit within exemption standards.

    Beware: Assets cannot be transferred for less than market value, even to family members. The bankruptcy court can actually go back as many as 4 years looking for fraudulent transactions under Colorado law. These transactions can then result in severe financial penalties, and even criminal charges. We can help you protect or handle assets so you receive value from the assets within the law and receive bankruptcy relief.

    The Law Offices of Custer Roberson offer honesty, integrity, and personal service to give you and your family a FRESH START.

    We offer REASONABLE FEES and AFFORDABLE RATES to individuals, and individuals with businesses. Keep Your Assets | Use Your Assets | Eliminate Debt

    Our bankruptcy Firm will help you determine if bankruptcy is the right option for you and, what other options may be available given your unique situation. 
     
     
     
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    The Law Offices of Custer Roberson, LLP
    9035 Wadsworth Parkway,
    Westminster, CO, 80021

     

     
                   
     

    The Law Offices of
    Custer Roberson, LLP
    9035 Wadsworth Parkway,
    Westminster, CO, 80021
    justaskjane.info
    303-893-0833

    We are a team of Colorado Bankruptcy Professionals.

    The assistance provided by this website may involve bankruptcy relief under the "Bankruptcy Code."

    Alternatives to Bankruptcy are also offered by Custer Roberson. Just ask Jane.



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