How do we start? What is the process of filing a bankruptcy?
As a Boulder bankruptcy attorney, I need information from you. I have a questionnaire in my waiting room or click here. You can come by anytime to pick it up. It also might be a good idea to run a credit report on yourself. You should contact the three reporting agencies. Please use the following link to obtain a FREE credit report. http://www.annualcreditreport.com
You will need a certificate of credit counseling. Please contact Debt Helper at (800) 920-2262 or visit http://www.debthelper.com.
After we have met and you have signed the petition, I will file it with the court electronically. This is the date that all collection efforts are to stop. This is the effective date of the bankruptcy.
About one month later we will meet together in front of a trustee at a creditors meeting. (I was a trustee for six years.) The meeting will most likely take place in Denver and the trustee will swear you in and ask you a few questions about your situation. I will go over this with you prior to the meeting. Creditors are asked to attend if they wish. However, very few creditors attend. The meeting takes a scheduled five minutes for your case.
In order to get your discharge, you must complete a new Consumer Credit Counseling Service course. Two months after the creditors meeting you receive a Discharge of Debt. Keep this document and all copies in the folder that I give you for at least 10 years.
For more information, please visit the District of Colorado Bankruptcy Web site.
What is the Difference between Chapter 7 and Chapter 13 Bankruptcy?
When you file Chapter 7, you can keep all your assets, and you become free from your debts, with regards to specific exemptions.
When you file Chapter 13, you work out a budget and pay monthly what you can to the trustee. It usually lasts for three years and the trustee will distribute your payments to your creditors equally.
What bills will I still have to pay after filing Bankruptcy?
You will have to pay your recent taxes, student loans, and all secured debts on property you want to keep. There are a few other exceptions, such as child support and debts based on fraud.
Will I lose my house and car?
No. If you do want to keep the car or house, just keep the payments current.
If you do not want to keep it and you owe on your house or car, you may return it to the lender and you will no longer be required to make any more payments.
Who can file for Bankruptcy?
You have to first meet a Means Test. Please call for details.
If you either owe more money than all of your property is worth, or if you cannot pay your bills when they come due, you qualify to file for bankruptcy.
If nothing else works, bankruptcy can give you a fresh start. It will appear as a dark mark on your credit, but it will release debt. With a reduction of payments, you will be able to work more easily on a cash basis or even start to save money.
