Services for Bankruptcy

 
 

I have been filing chapter 7s and chapter 13s in Colorado since 2005 and have helped clients solve problems and get a fresh start.

The most common comment is I hear is: “I wish I had filed sooner!”

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What information do you need?

I have told clients: “Filing bankruptcy requires you have trust in your attorney. It is like being invited to play a complicated board game like Dungeons & Dragons, but this time you do not have time to read the rules and you have the play the game through a proxy, your attorney.”

Overview - Chapter 7 or Chapter 13

Bankruptcy can give people with all types of financial problems a “Fresh Start.” Unemployment, medical or credit card debt, pending foreclosure, failing business divorce, death of a spouse or family member, drug problems, or just slowly worsening family economics can contribute to a need to file bankruptcy.

I do a phone or video consultation to discuss your financial problems and to review 1) if a bankruptcy will solve or improve your financial situation; 2) verify if you are eligible for chapter 7, a chapter 7 based solely on business debt or a chapter 13; and 3) which type is best for you.

Spouses may file together or one can file and not the other depending on your circumstances.

Eligibilty is based on the “Means Test” which is calculated by comparing a debtor's average income for the past six months (current monthly income), annualized, to the median income for households of the same size in a debtor's state of residence. So I collect income and financial data, expenses, and a list of your assets and use a government formula to verify if you are eligible for chapter 7, chapter 13, or both. Then I advise you as to which I recommend and why based on your circumstances and goals.

I DO NOT DO CHAPTER 11 or the newer Subchapter V for small business, but I can refer you to lawyers who do those types.

For more information click here.

Bankruptcy Adversary cases

As of November 17, 2022, the Department of Justice and Department of Education announced new Guidance on how they will respond to bankruptcy adversaries when filed. Stay tuned for more details.

A Bankruptcy Adversary is a lawsuit filed in or after a chapter 7 or chapter 13 case. Most commonly, they are filed to discharge student loans. But the cases are not common. Few attorneys do them because the are rare, uncertain, and can be costly. Since 1998, about 1 or 2 per year result in the Court granting a Discharge. Some are settled but most are just dismissed. Please contact me to discuss if your circumstances might fit the criteria for a bankruptcy adversary.