Deborah F Bowinski’s Answers

Deborah F Bowinski

Denver Bankruptcy Attorney.

Contributor Level 17
  1. Do I need to include 410K and life insurance policy amounts in a chapter 7 bankruptcy?

    Answered about 2 years ago.

    1. Deborah F Bowinski
    2. Stephen Clark Harkess
    3. Manuel Alzamora Juarez
    4. Dorothy G Bunce
    5. E Dwight Taylor
    6. ···
    6 lawyer answers

    Yes, you must list ALL your assets. And then you must properly claim the exemptions for what you own in order to protect it from the trustee and your creditors.

    13 lawyers agreed with this answer

  2. If my Ch. 13 BK results in ALL my liens being stripped, would I still have to make any payments for 3-5 years?

    Answered almost 2 years ago.

    1. Deborah F Bowinski
    2. Mark Markus
    3. Brian Campbell Fenn
    4. Derek R. Caldwell
    5. Ashley Anne Digiulio
    5 lawyer answers

    A chapter 13 may well allow you to strip off the second mortgage lien, but in order to stay in your home you will have to cured the arrearage on the HOA fees as well as keep current with your first mortgage loan. Your credit card debt is most likely dischargeable. HOWEVER it sounds as though you are misunderstanding what a chapter 13 does in the larger sense. In exchange for all the relief listed above, you must make a monthly payment for a minimum of 36 months and a maximum of 60 months...

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  3. Is it better for someone in my situation to file Chapter 7 or Chapter 13?

    Answered about 2 years ago.

    1. Gregory Howard Wiley
    2. Tim L Eblen
    3. Robert A. Stumpf
    4. Deborah F Bowinski
    5. Paul Seabrook
    6. ···
    9 lawyer answers

    If you have no income you most likely don't have any means with which to fund a chapter 13 plan. Consult with an experienced bankruptcy lawyer to review your circumstances and explore options.

    13 lawyers agreed with this answer

  4. After ch 7 bankruptcy am I allowed to sell my home if I end up divorced and can not keep it alone?

    Answered 5 months ago.

    1. Deborah F Bowinski
    2. Douglas Eugene Kuthy
    3. Richard D. Granvold
    4. Derek R. Caldwell
    5. Nathan D McKinney
    5 lawyer answers

    Assuming your bankruptcy has been discharged and your case has been administratively closed by the court, you are free to sell your home if you are able to. If you are unable to sell it for enough to pay off the loan or loans then you would also be free to "walk away" from the property. Be mindful, though, that if you have a homeowners' association you remain liable for those fees for as long as you remain on the title to the home.

    11 lawyers agreed with this answer

  5. IRS in proces of garnishing my SSDI check. Impact of not paying cred cards.

    Answered 12 months ago.

    1. Deborah F Bowinski
    2. Christopher Daniel Leroi
    3. Dorothy G Bunce
    4. Matthew Scott Berkus
    4 lawyer answers

    Your questions does not really make sense to me. The IRS would not be garnishing your check due to the failure to pay credit card debt. The IRS would garnish your SSDI for funds you owe for taxes or other federal debts or overpayments received by you in the past. My best advice is to take your paperwork into a lawyer to see what, if anything, can be done. Depending upon what the actual garnishment is for, it may or may not be possible to obtain some relief.

    11 lawyers agreed with this answer

  6. I may be offered a settlement from my Workers Comp Case, how does this affect my Chpt 13 Bankruptcy?

    Answered about 1 year ago.

    1. Deborah F Bowinski
    2. Robin Kert Hunt
    3. Gary D. Bollinger
    4. Brian Crozier Whitaker
    5. Dorothy G Bunce
    6. ···
    6 lawyer answers

    You should be speaking with your chapter 13 attorney. Generally, workman's compensation benefits and awards are exempt in Colorado. BUT the real answer to your question will depend on other facts such as those mentioned by Mr. Hunt. None of the attorneys on this forum have the specific information needed to respond in a helpful or reliable fashion. Your attorney is the one who has the necessary information and can counsel you.

    11 lawyers agreed with this answer

  7. Where can I get copies of my chapter 7 discharge and final decree? My lawyer of the time is unreachable

    Answered 3 months ago.

    1. Shaye Larkin
    2. Deborah F Bowinski
    3. Shelley Ann Elder
    4. Blake Owen Brewer
    5. Dorothy G Bunce
    6. ···
    7 lawyer answers

    You can obtain copies of your documents through PACER as others have stated. There may be a fee per page. If you prefer, you can also go down to the bankruptcy court building at 19th St. between Stout and California and get copies there. There will be someone in the records room who can assist you. There is a cost of $.10 per page, I believe.

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  8. Will I lose an annuity IRA within an insurance co. if I go bankrupt?

    Answered over 1 year ago.

    1. Deborah F Bowinski
    2. Daniel Nelson Deasy
    3. Diane L Gruber
    4. Richard Edmund Hawkins
    5. E Dwight Taylor
    5 lawyer answers

    If your annuity is truly a tax qualified IRA annuity then it would remain safe in a bankruptcy filing. Bankruptcy can be quite complex and there is a lot at risk. You would be well advised to consult with and retain an attorney to assist you.

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  9. I'm struggling with payments right now. Am I eligible for a second bankruptcy?

    Answered almost 2 years ago.

    1. Deborah F Bowinski
    2. Alan James Brinkmeier
    3. Timothy S. Kingcade
    4. Patrick M. Hunter
    5. Syed Mansoor Khan
    5 lawyer answers

    You are eligible for another chapter 7 discharge once eight years have passed from the date your prior case was filed. You should check the petition date from your case - that will tell you whether you can file again yet or whether you have to wait a little longer.

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  10. Who is responsible for doing the Fair Market Value Estimate of a condo being considered for Ch. 13 lein stripping of the second?

    Answered almost 2 years ago.

    1. Hale Andrew Antico
    2. Ted A Troutman
    3. Deborah F Bowinski
    4. Ben Edward Embry
    5. Dorothy G Bunce
    5 lawyer answers

    Zillion is NOT a reliable way of valuing your property. If you already have a chapter 13 attorney he or she may be able to suggest a realtor for a Comparative Market Analysis that would be sufficient for a lien strip or an appraiser for a formal appraisal of the property. With the value so close I would not be at all surprised if the second mortgage lender objects to the motion and provides an appraisal or BPO disputing your valuation. The more thorough your valuation is, the better chance you...

    11 lawyers agreed with this answer

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