How would I go about filing bankruptcy in Colorado? I have severe medical debt and some credit cards.
Do I file a chapter 7 or chapter 13 to rid myself of this burden? I have 4 kids and I can’t keep up with everything.
4 attorney answers
Many bankruptcy attorneys Colorado, myself included, offer free consultations. My recommendation would be to schedule a consult so that an experienced attorney can better assess your circumstances and weigh in on your options.
Clark Dray is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Clark Dray or The Law Office of Clark Daniel Dray and any other person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
You have seen the answers already which are true because other facts must be known such as if any prior bankruptcy, when, the possibly income you may earn shortly, your past 6 months, etc. But with out knowing more, it sounds like a ch 7 may be the one to file. But no attorney would know until they ask information from you. Other issues are as I will set forth below so you know you only need to do one simple thing: call and meet with an experienced attorney to discuss.
You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
Without some more information it is not possible to determine for certain whether a chapter 7 or chapter 13 is appropriate. The US Bankruptcy Court for the District of Colorado has a fair amount of information on its website for public use. However, your best bet would be to schedule an initial consultation with an experienced bankruptcy attorney who will discuss your situation and suggest one or more solutions for you to consider. Most of us offer a free, no obligation consultation so that you can make an informed choice.
Most bankruptcy attorneys offer free iniial consultations, take advantage of that and have a couple consultations with some local bankruptcy attorneys. There are a number of very fine, experienced bankruptcy attorneys in metro Denver. You sound like you would likely be a good candidate for a chapter 7 but you can confirm that by having some consultations.
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