You will hear many personal injury attorneys talking about how much your case is “worth”. That phrasing is problematic as personal injury awards are meant to redress a harm and put a person back in the position they were prior to the injury. Thus, your personal injury case is “worth” what it takes to pay…
When a debt is settled or forgiven by a creditor, it is common for the creditor to issue a 1099-C for the amount of the “forgiven” debt (e.g., the amount saved in a settlement with a creditor). When a consumer receives a 1099-C, they may have to pay taxes on that amount as if it…
As e-cigarettes, vape pens and similar products become more common, so do the injuries and damages caused by the lithium-ion batteries that power those devices. Because this technology is relatively new, lawyers are working to develop the best strategies for litigating these cases. Because cases relating to lithium-ion battery explosions usually involve significant damage to…
A common question I get as a bankruptcy attorney is, “how does filing for bankruptcy affect my credit score?” Unfortunately, as is common with the law, the answer is, “it depends.” The first consideration is where your credit stands before filing bankruptcy. If your credit score is 800 and you have never missed a payment,…
Is it better to settle your debts or file bankruptcy? As with most legal issues, that greatly depends on your specific circumstances but this article will address when debt settlement may be a viable alternative to bankruptcy. Some debts are much easier to settle than others. For instance, credit card companies will usually settle for…
Judgments issued by Colorado’s County Court’s are good for a period of six years. Judgments issued by Colorado’s District Court’s are good for a period of 20 years. In order for a judgment to continue past its expiration period, a judgment creditor must “revive” the judgment before the end of the six or 20 year…
If a default judgment has entered against you, it may be possible to set the judgment aside, depending on the circumstances. Whether a court will set aside a default judgment depends on many things, including what court you are in and the reason for the default. Most courts favor judging cases on their merits and…
If you have called around to bankruptcy lawyers in Colorado to ask how much it costs to file bankruptcy, you are probably frustrated their answers. Most bankruptcy lawyers will not quote a price for their services until they have analyzed your case. This is because bankruptcy attorneys generally charge a flat-fee instead of the more…
A Chapter 13 bankruptcy requires a person to repay some of his or her debts (unlike a Chapter 7 liquidation). Although there can be benefits to a Chapter 13, generally, people file Chapter 13 because they make too much money to file a Chapter 7 bankruptcy. In a Chapter 13, a debtor must pay some…
On July 1, 2015, amendments to Colorado’s bankruptcy exemptions will take effect. The amendments will increase the amount of many of the exemptions for people seeking bankruptcy protection. This means that Chapter 7 debtors can protect more of their assets from liquidation and Chapter 13 can potentially pay less to their creditors. One of the…
Like most large cities, Denver has many bankruptcy attorneys offering their services and it is hard to know which attorney will best suit your needs. One of the main factors to be considered is the price. Most bankruptcy attorneys offer flat fee representation (meaning you are not charged on an hourly basis); however, bankruptcy attorney…
If you have defaulted on your debts and the accounts have been assigned to debt collectors then it is important to keep your personal information as private as possible. Creditors and debt collectors will use your information to collect from you in anyway possible including filing lawsuits, filing liens against your property and garnishing your wages.…
Paying your bankruptcy attorney can be a difficult and frustrating process. Many, if not most, bankruptcy attorneys require that their attorney fees be paid in full prior to filing your bankruptcy case. The reason for this is that the bankruptcy attorney’s fees are discharged once the bankruptcy is filed, just like your other debts. Most…
A jury in Missouri recently hammered notorious debt collector, Portfolio Recovery Associates, LLC with a huge $83 million penalty for its violations of the Fair Debt Collections Practices Act. The jury found that Portfolio Recovery Associates (PRA) violated the rights of Maria Mejia when they sued her for a debt that was not hers. The jury…
In Colorado, Creditors can garnish wages and bank accounts once they obtain a judgment against you. There are two main types of garnishments that consumers will see in debt collection cases: Writs of Continuing Garnishments and Writs of Garnishment with Notice of Exemption and Pending Levy. These Writs are issued by a court for the…
Yes, in Colorado, creditors, can and will sue you if you don’t pay your bills. This is true for most types of common debts including credit cards, medical debt and deficiencies on foreclosures and vehicle repossessions. Sometimes your original creditor will sue you directly but, more often, the creditor will sell the debt to a…
If you have a potential personal injury claim and are considering bankruptcy (or have already filed bankruptcy), it is very important to list your personal injury claim as a potential asset in your bankruptcy schedules. A failure to schedule your personal injury claim as an asset in your bankruptcy could prevent you from pursuing the…
If you have settled a debt in which the creditor has written off or “forgiven” more than $600, you may receive a Form 1099-C and may have to include that amount in your gross, taxable income. However, in many circumstances, you may be able to avoid paying taxes on the amount forgiven. The IRS allows…
When filing for bankruptcy protection, many consumers are worried about the impact a bankruptcy filing will have on their credit scores. The impact that bankruptcy will have on your credit will depend on a number of factors but, in some cases, bankruptcy can be the quickest route to rebuilding your credit. Credit Bureaus consider a…
For the vast majority of borrowers, student loans are not dischargeable in bankruptcy. This is true for both government loans and private loans (lawmakers eliminated the distinction between government and private loans in the 2005 amendments to the Bankruptcy Code). Student loans can be discharged for those who can show that the loans are an…
Recent Colorado Bankruptcy Court decisions have made it clear that owners of Colorado’s Marijuana Businesses are not entitled to bankruptcy protection in many cases. The rationale is that, because Colorado’s marijuana businesses are illegal under federal law, these business cannot receive the benefits of federal bankruptcy laws. Colorado Bankruptcy Courts have said: “Unless and until…
Navigating the Colorado legal system can be complex and frustrating. A knowledgeable Colorado attorney can help avoid many pitfalls; however, hiring an attorney is not always practical or possible. The United States legal system affords individuals the right to represent themselves. A litigant representing himself or herself is known as a pro se litigant. There are many…
When a bankruptcy is filed, an automatic stay goes into effect pursuant to 11 U.S.C. Section 362. The automatic stay is an injunction that prevents all actions by creditors including continuing lawsuits, garnishing wages and demanding payment. The automatic stay begins the moment a bankruptcy is filed. The automatic stay will generally end when debts…
Please read our disclaimer Debt collection lawsuits can be some of the worst lawsuits to defend. Attorneys representing debt collection firms are often over-worked and unable to give much attention to any single case. One of the most common problems I see in debt collection lawsuits is improper service of process. That is, the attorney…
Just because you know you have financial problems does not mean you know the solution. Waiting to explore your debt solutions options can be a big mistake and can cost you thousands of dollars. Whether the ultimate solution is debt settlement, bankruptcy or something else, knowing the direction you are heading will allow you to…
The average Chapter 7 is an uncomplicated process and takes approximately five to six months. A Chapter 7 Bankruptcy is a liquidation process conducted by a bankruptcy Trustee. Bankruptcy law affords certain exemptions which can be used to protect personal assets and real estate. Any non-exempt assets can be liquidated in order to raise money…