Articles Posted in Denver Bankruptcy Attorney

The Means Test Requirement for Chapter 7 Bankruptcy This  Chapter 7 Bankruptcy page sheds light on the intricacies of bankruptcy laws and proceedings, specifically focusing on the parameters of Chapter 7. Central to understanding this kind of bankruptcy is discussing the ‘means test,’ which is a determining factor for qualifying for Chapter 7. This test…

Learn The Steps in a Chapter 7 Bankruptcy Remember to consult with a competent attorney at LONG & LONG P.C. throughout this process for a comprehensive understanding and smooth navigation of the bankruptcy process. Our law firm is well-versed in helping clients through these steps and can provide the necessary guidance. Call now at 303-832-2655!

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…

What are the effects of social security benefits in a bankruptcy proceeding? That depends on whether you are filing a Chapter 7 Bankruptcy or a Chapter 13 bankruptcy. Effects of Social Security Benefits in a Chapter 7 Bankruptcy In Colorado, and elsewhere, social security benefits are exempt in a bankruptcy proceeding. This means the Chapter…

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…

Background Until now it has been extremely difficult to get rid of student loans in bankruptcy for most debtors. In most cases the debtor in bankruptcy must prove “undue hardship” on the debtor or the debtor’s dependents in the event the debt is not discharged. Most courts rely on the Brunner test to interpret undue…

Use of federal bankruptcy exemptions not permitted. See CRS § 13-54-107 Type of Property Amount of Exemption Homestead, mobile home, or manufactured home occupied as home by owner $75,000 or $105,000 if occupied by anelderly (60+) or disabled debtor or spouse Necessary wearing apparel $2,000 Watches, jewelry and articles of adornment $2,500 Personal library, family…

This blog discusses a debtor who wishes to reopen a closed bankruptcy case in order to amend schedules. Reopening Bankruptcy Cases to Claim Personal Injury Exemptions The 10 th Circuit Bankruptcy Appellate Panel recently considered when debtors could reopen closed cases in order to amend their schedules. See In re Mendoza, 595 B.R. 849 (B.A.P.…