Until very recently the answer was no. At least not without a showing of undue hardship. Which as you may know is very difficult to prove. However a new line of cases is beginning to emerge that will discharge private student loans. I will state that again, private student [continue reading]
Bankruptcy
Bankruptcy
About 12,000 bankruptcy cases are filed in Colorado each year. We understand that if you are facing financial problems, bankruptcy in Denver is a difficult decision. In fact, studies have shown that over 90% of bankruptcies are caused by one of three reasons: Job loss/disruption of [continue reading]
Bankruptcy Adversary Proceedings Defined
An adversary proceeding is a lawsuit filed in a bankruptcy case by a creditor, trustee, or the debtor. Filing or defending against an adversary proceeding requires knowledge of the Bankruptcy Code, Federal Rules of Civil Procedure and the Local Bankruptcy Rules for the District of Colorado. Rule [continue reading]
Bankruptcy and Credit
Are you concerned about the affect filing bankruptcy will have on your credit? You are not alone. For many people their credit is an important factor in making the decision whether or not to file bankruptcy. Unfortunately, most of the information out there is nothing more than assumptions and [continue reading]
Bankruptcy and Divorce: Which Do I File First?
Bankruptcy and divorce often go hand-in-hand with one leading to the other. If you are facing the possibility of bankruptcy and divorce you should speak to the attorneys at Cohen and Cohen to determine which one you should file first, the timing of your filing, and the intersection of these two [continue reading]
Bankruptcy Discharges Tax Debt
One of the most common misconceptions about bankruptcy is that you cannot discharge and wipe-out your IRS tax debts. We are not sure where this rumor started, but it is important to know that it is not true. You can discharge IRS taxes, penalties, and interest using bankruptcy (from an email [continue reading]
Bankruptcy Myths and Misinformation
The majority of anxiety clients face in deciding whether to file bankruptcy is often from lack of information or incorrect information from other people who do not understand Colorado bankruptcy. These people perpetuate stereotypes that put you in a worse position and create a barrier to your fresh [continue reading]
Bankruptcy Scams
Unfortunately scammers and con artists exist even within the bankruptcy context. Usually it is limited to those who accidentally file or disclose Personally Identifiable Information (a/k/a "Pii"). For example oftentimes a social security number, birth dates, minor children, [continue reading]
Bankruptcy Stops Foreclosure
Are creditors threatening to take your money or property? If you are facing harassing collectors, lawsuits, garnishment, repossession, or foreclosure, the attorneys at Cohen and Cohen can stop these with a bankruptcy. A bankruptcy will immediately put in place the automatic stay. The automatic [continue reading]
Chapter 11
A Chapter 11 bankruptcy case can be quite complicated. A Chapter 11 is a business reorganization. Usually when individuals file a Chapter 11, they do it in conjunction with their business. If you're thinking of filing a Chapter 11 bankruptcy case, an experienced Denver bankruptcy lawyer can help. [continue reading]
Chapter 11 – Subchapter V
Effective February 19, 2020, Congress added a new Subchapter V to Chapter 11 to make it easier for individuals and small business to seek relief pursuant to Chapter 11. This was long overdue. For years businesses and individuals were unable to reorganize under Chapter 11 because it was [continue reading]
Chapter 13
The Chapter 13 bankruptcy process in Denver can be very complicated. A debtor should always seek the assistance of an attorney to ensure that their bankruptcy case is handled properly. Here's how the experienced Denver bankruptcy attorneys of Cohen & Cohen, P.C., can help. How does Chapter [continue reading]
Chapter 13 Bankruptcy Has Long Term Financial Advantages
Chapter 13 bankruptcy is a payment plan that lasts 3-5 years. The length of the payment plan can be discouraging for some people and Chapter 7 bankruptcy may seem initially more preferable. However, Chapter 13 has many advantages, including some that are not available in a Chapter 7, and it may be [continue reading]
Chapter 7
While the Chapter 7 process can vary greatly based on the complexity of the case, most cases have very few issues and follow the same basic timeline. Unlike Chapter 13 bankruptcy, which can take between three to five years, in a Chapter 7 with few complications, the entire process takes [continue reading]
Colorado Bankruptcy Exemptions
Colorado law protects many of your assets when you file for bankruptcy. This is done using asset protection laws called exemptions. These laws exclude your assets from being taken by the Bankruptcy Trustee or creditors and help you maintain a stable life and maximize your fresh start. How to Use [continue reading]
Denial of Discharge vs Exceptions to Discharge
The granting or denial of a discharge is a cornerstone in bankruptcy jurisprudence. The discharge of one’s debts is the goal of debtors in the bankruptcy process. However, the receipt of a discharge is not without its limitations. Remember, a bankruptcy discharge is only for the [continue reading]
