Articles Posted in Bankruptcy

It is not unusual that the spouse of a financially distressed person is unaware of the financial difficulty of the other spouse. Reasons may include one spouse controls the finances, one spouse runs a small business, or the couple keep their financial affairs separate. So, the question often arises how to talk to your spouse…

One of the best bankruptcy protections afforded a debtor from his or her creditors is the automatic stay. In what ways does the automatic stay stop creditor actions and when does it not protect the debtor? Debtor Protection Under the Automatic Stay Once the bankruptcy case is filed an automatic stay under 11 U.S.C. §362…

The ability to keep your car or truck in bankruptcy is often a major consideration when filing a Chapter 7 or Chapter 13 bankruptcy. A dependable vehicle is often essential to keeping a job or getting the kids to school. Fortunately, in a Chapter 7 bankruptcy, you can almost always keep your car or truck…

Farmers may have an alternative to a Chapter 7 bankruptcy liquidation, Chapter 13 adjustment of debts, or a Chapter 11 reorganization of debts. The alternative is Chapter 12, an adjustment of debt for a family farmer. Qualifications of a Chapter 12 Family Farmer (Non-Individual) Chapter 12 of the Bankruptcy Code includes both family farmers and…

Are you a farmer? If so, you may have the alternative to choose a Chapter 12 Bankruptcy for family farmers, instead of a Chapter 7, 11, or 13. A Chapter 12 generally allows the farmer to remain in possession and control of the farming operation. Who Qualifies as a Chapter 12 Family Farmer? Chapter 12…

There is a new garnishment law in Colorado. For many years wages have been exempt to some extent in Colorado. An exemption means it cannot be taken by the judgment creditor or the bankruptcy trustee. Wage exemptions are crucial for bankruptcy purposes because the Colorado state exemptions are the only bankruptcy exemptions a Colorado resident…