Articles Posted in Debt

What happens when someone transfers assets prior to filing bankruptcy? This article explores fraudulent transfers that take place within four years before filing bankruptcy. In prior articles we explored transfers within two years prior to filing bankruptcy. In a subsequent blog we will explore transfers to a self-settled trust within ten years of filing bankruptcy.…

What happens when a debtor does a transfer of assets prior to bankruptcy? This article explores fraudulent transfers that take place within two years before filing. In a prior article we explored preferential transfers prior to filing bankruptcy. In subsequent articles we will explore other fraudulent transfers prior to filing. Transfers or Obligations Incurred Within…

When a Chapter 7 bankruptcy is filed and a discharge is entered, and so long as the debtor did not sign a reaffirmation agreement, the lender’s only recourse in the event of a missed payment is to recover the collateral. The Chapter 7 Bankruptcy discharge precludes the lender from holding the borrower personally liable on…

On May 15, 2017 the U.S. Supreme Court ruled in the case of Midland Funding, LLC v. Johnson, 581 U.S.____(2017), that debt collectors and purchasers are not in violation of federal law when pursuing debts during a Chapter 13 bankruptcy that they know to be beyond the statute of limitations. The 5-3 decision was a…

If you have creditors or debt collectors calling you about a balance you have been unable to pay off, it’s understandable if your instinct is to ignore them. Unfortunately, neglecting the problem will not make it go away—sooner or later, you must confront your debt and the creditors that hold it. The good news is…

Most homeowners belong to homeowners’ associations, also known as condominium corporations. These associations handle everything from general maintenance, setting rules for landscaping and garbage pickup to arranging community events and member recognition awards. Just like any other organization that runs on money, an HOA can go bankrupt, especially if it mismanages its funds over time.…

The Colorado Fair Debt Collection Practices Act (CFDCPA) was reviewed as part of the sunset and sunrise review period by the Department of Regulatory Agency at the end of 2016. The Senate Judiciary Committee for Colorado has introduced a bill to implement many of the recommendations from the review. SB17-216, if passed, will include a…

It can be overwhelming to get calls and letters that state you owe more money than you can afford to pay. It’s certainly understandable to feel helpless and it may feel like you have run out of options as the bills mount. However, you do have rights that will allow you to slow the process…

How Will Bankruptcy in Colorado Affect Your Credit Score? If you are exploring your options with a bankruptcy in the state of Colorado, there are many things to consider when it comes to your credit score. Bankruptcy will initially have a negative impact if you have a solid credit score (650 and above) that includes…

Bankruptcy Basics An individual may file under Chapter 7, Chapter 11, or Chapter 13 of the bankruptcy code. An individual (debtor) files a petition in bankruptcy court under one of the bankruptcy code chapters and the case is then administered under the supervision of a bankruptcy judge. As a practical matter, most cases are delegated…