What is Bankruptcy?

Bankruptcy is a legal process designed to help individuals and businesses manage or eliminate overwhelming debt under the protection of federal bankruptcy courts. It provides a structured way to address financial difficulties, either by discharging (eliminating) certain debts or creating a repayment plan to pay creditors over time. Bankruptcy laws exist to give people a fresh start when debt becomes unmanageable, while ensuring creditors are treated fairly.

The process is governed by the U.S. Bankruptcy Code, and it typically involves filing a petition with a bankruptcy court, which triggers an automatic stay. This stay halts most collection actions, such as lawsuits, wage garnishments, and creditor calls, giving you breathing room to address your financial situation.

Types of Bankruptcy: Chapter 7 and Chapter 13

Bankruptcy comes in different forms, known as “chapters,” with the most common for individuals being Chapter 7 and Chapter 13. Understanding the differences can help you decide which option is best for you.

Chapter 7 Bankruptcy: Liquidation

Chapter 7, often called “liquidation bankruptcy,” is designed for individuals with limited income who cannot repay their debts. In this process, a bankruptcy trustee may sell (liquidate) non-exempt assets to pay creditors. However, many filers keep most or all of their property due to state and federal exemptions. Once completed, most unsecured debts—like credit card balances, medical bills, and personal loans—are discharged, giving you a clean slate.

Who qualifies? To file for Chapter 7, you must pass a means test, which evaluates your income and expenses to determine eligibility. If your income is below the median for your state, you’re likely eligible.

Chapter 13, known as the “wage earner’s plan,” allows individuals with regular income to create a 3- to 5-year repayment plan to pay back some or all of their debts. This option is ideal for those who want to keep assets like a home or car and have a steady income to make monthly payments. At the end of the plan, remaining eligible debts may be discharged.

Chapter 13 Bankruptcy: Repayment Plan

Who qualifies? Chapter 13 is typically for individuals with income too high for Chapter 7 or those looking to protect assets from liquidation.

How Does Bankruptcy Work?

The bankruptcy process varies depending on the chapter you file, but here’s a general overview:

1. Consultation with a Bankruptcy Attorney: A qualified attorney will review your financial situation, discuss your goals, and recommend the best chapter for your needs.
2. Filing the Petition: You’ll file a bankruptcy petition with the court, including detailed financial information like income, expenses, assets, and debts.
3. Automatic Stay: Once filed, an automatic stay stops most creditor actions, giving you temporary relief.
4. Trustee and Creditor Meeting: A bankruptcy trustee oversees your case and holds a meeting of creditors, where you answer questions about your finances.
5. Debt Resolution: In Chapter 7, eligible debts are discharged after asset liquidation (if any). In Chapter 13, you follow a court-approved repayment plan.
6. Financial Fresh Start: Upon completion, you’re free from discharged debts and can begin rebuilding your financial life.

Is Bankruptcy Right for You?

Bankruptcy isn’t a one-size-fits-all solution. It can provide significant relief for those drowning in debt, but it also has long-term consequences, such as a temporary impact on your credit score and likely a few years before qualifying for a home loan. However, think how much more able you will be to pay a future loan if you have discharged your debt.  Before filing, consider:

• Your Debt Load: Are you unable to keep up with payments despite cutting expenses?
  • Types of Debt: Bankruptcy can discharge unsecured debts like credit cards and medical bills but may not eliminate student loans, child support, or certain taxes.
  • Your Goals: Do you want to keep your home or car? Are you looking for a complete debt discharge or a manageable repayment plan?

Consulting with an experienced bankruptcy attorney can help you weigh the pros and cons and explore alternatives like debt settlement or credit counseling.

Why Choose LONG & LONG?

Attorney Martin Long is a former Trustee for the U. S. Bankruptcy Court. At LONG & LONG, we understand how stressful financial challenges can be. Our compassionate bankruptcy attorneys have helped countless clients in Denver and Colorado achieve debt relief and regain control of their finances. We provide personalized guidance, from evaluating your eligibility to guiding you through the entire bankruptcy process.

Ready to explore your options? Contact us today for a free consultation. Call us at 303-832-2655 or fill out our online contact form to schedule an appointment. Let us help you take the first step toward a brighter financial future.

Frequently Asked Questions About Bankruptcy

Will bankruptcy ruin my credit?

Bankruptcy will impact your credit score, but the effect is temporary. With responsible financial habits, you can rebuild your credit over time.

Can I keep my house and car?

In many cases, yes, especially with Chapter 13 or if your assets are protected by exemptions in Chapter 7. An attorney can help you understand your options.

How long does bankruptcy take?

Chapter 7 typically takes 4–6 months, while Chapter 13 lasts 3–5 years, depending on your repayment plan.

Take control of your financial future today. Don’t let debt hold you back. Contact LONG & LONG to discuss how bankruptcy can help you achieve a fresh start.

Can You File Bankruptcy By Yourself?

Here are the 5 most common warning signs that it may be time to consider filing for bankruptcy in Denver and Colorado:

1. You’re Using Credit Cards to Pay for Basic Living Expenses

One of the clearest red flags is relying on credit cards for groceries, gas, utilities, or rent. When your income no longer covers necessities and you’re charging everyday expenses just to survive, you’re likely in a debt spiral. High interest rates make the problem worse, turning small shortfalls into massive credit balances.

Denver and Colorado reality check: With Colorado’s high cost of housing and inflation still affecting many families, this sign appears frequently among working persons professionals and families across the metro area.

2. You’re Only Making Minimum Payments — or Missing Payments Entirely

If you can barely afford the minimum payments on credit cards, medical bills, or personal loans — or you’ve started missing payments — your debt is probably growing faster than you can pay it down. Late fees and penalty interest compound the issue, making it nearly impossible to catch up on your own.

This is especially stressful when combined with Denver’s competitive job market or unexpected expenses like car repairs in our variable mountain weather.

3. Creditors Are Harassing You Constantly

Non-stop collection calls, letters, and emails create enormous anxiety. Once creditors start threatening legal action, the pressure becomes unbearable for many people.

Good news: Filing bankruptcy triggers the automatic stay, which immediately stops most creditor harassment, collection calls, lawsuits, wage garnishments, and even foreclosure proceedings in most cases.

4. You’re Facing Foreclosure, Repossession, or Wage Garnishment

• Behind on your mortgage and received a notice of default?
• Worried your car will be repossessed?
• Already dealing with a wage garnishment or bank levy?

These are urgent warning signs. In Colorado, Chapter 7 or Chapter 13 bankruptcy can often stop foreclosure and give you time to catch up or discharge unsecured debts. Colorado’s generous homestead exemption (up to $250,000 in home equity — or $350,000 if you, your spouse, or a dependent is 60+ or disabled) helps many Denver homeowners protect their homes.

5. You Have No Emergency Savings and Live Paycheck to Paycheck

If an unexpected expense (medical bill, car breakdown, or job change) would push you over the edge, and you have no savings left, your financial cushion has disappeared. Many people in this situation also max out credit cards and consider payday loans or retirement withdrawals — both of which can make things worse.

Other common triggers in Denver include overwhelming medical debt, divorce, business failure, or job loss in industries affected by economic shifts.

What Should You Do If You Recognize These Signs?

Don’t wait until the situation becomes a crisis. Speaking with an experienced Denver bankruptcy attorney early can help you understand your options, protect your assets, and stop stressful collection actions.

In Colorado, you may qualify for Chapter 7 bankruptcy if your household income is below the current median (as of late 2025/early 2026: approximately $85,685 for one earner, $106,690 for two, and higher for larger families). Even if your income is higher, the full means test often allows qualification after allowable expenses.

Filing fees in 2026:

• Chapter 7: $338
• Chapter 13: $313

Attorney fees vary by case complexity, but many Denver filers find the cost is far less than the ongoing stress and interest of unmanageable debt.

Take the First Step Toward Financial Relief

If several of these warning signs sound familiar, it’s time to explore your options. A confidential consultation with a Denver bankruptcy lawyer can give you clarity on whether Chapter 7, Chapter 13, or another debt solution is right for your situation — without any obligation. Also see /bankruptcy-blog/can-bankruptcy-stop-repossession-bank-or-wage-garnishment-in-colorado/

Ready to stop the stress? Contact our Denver bankruptcy law office today for a free, no-obligation consultation. We proudly serve clients throughout Denver, Highlands Ranch, Aurora, Lakewood, Arvada, and the entire Front Range.

Call LONG & LONG P.C. now at 303-832-2655 or fill out the contact form below to schedule your appointment.

This is general information and not legal advice. Every situation is unique. Results depend on your specific financial circumstances and federal and Colorado bankruptcy laws.

With economic pressures like inflation and job instability, more people are turning to bankruptcy as a potential solution. But is it the right choice for you?

As an experienced bankruptcy attorney, I often guide clients through this tough decision. Filing for bankruptcy isn’t a one-size-fits-all answer—it’s a legal tool that can provide relief now but comes with some long-term impacts. In this post, we’ll explore the pros and cons of filing bankruptcy, signs it’s time to consider it, alternatives, and when to seek professional advice. Remember, this is general information, not personalized legal advice. Consult a qualified bankruptcy lawyer to evaluate your situation.

What Is Bankruptcy and How Does It Work?

Bankruptcy is a federal legal process that helps individuals and businesses eliminate or restructure overwhelming debt. When you file, it triggers an “automatic stay,” halting most collection activities, lawsuits, and wage garnishments immediately.

There are two main types for individuals:

• Chapter 7 Bankruptcy: Often called “liquidation” bankruptcy, it wipes out unsecured debts like credit cards and medical bills. Non-exempt assets may be sold to pay creditors, but most people keep their essentials (e.g., home equity up to exemption limits).
• Chapter 13 Bankruptcy: A “reorganization” plan where you repay some or all debts over 3-5 years, ideal if you have steady income or want to protect assets like a home from foreclosure.

The choice between Chapter 7 and Chapter 13 depends on your income, assets, and debt type. For instance, if your income is below your state’s median, you may qualify for Chapter 7.

Signs You Should Consider Filing for Bankruptcy

Not everyone needs to file, but certain red flags suggest it’s worth exploring:

• Unmanageable Debt: If minimum payments exceed 50% of your income or you’re only paying interest without reducing principal.
• Harassment from Creditors: Constant calls, threats, or lawsuits from debt collectors.
• Maxed-Out Credit Cards: High balances with no repayment plan in sight.
• Foreclosure or Repossession Threats: You’re at risk of losing your home or car.
• Medical or Job Loss Debt: Unexpected expenses that spiraled out of control.

You are not alone. In 2025, individual Chapter 7 filings have climbed 15% in the first half of the year alone, reflecting broader financial strain. Total Bankruptcy Filings Increased 10 Percent in the First Half of 2025 — Epiq Global

If these signs resonate, bankruptcy could offer a fresh start—but let’s weigh the benefits and drawbacks first.

Pros of Filing for Bankruptcy

Filing bankruptcy has clear advantages, especially if debt is ruining your life. Here are the key pros:

1. Immediate Relief from Creditors: The automatic stay stops all collection efforts, giving you breathing room to regroup. Bankruptcy: How It Works, Types, and Consequences — Experian
2. Debt Discharge: Unsecured debts like credit cards, personal loans, and medical bills can be wiped out entirely in Chapter 7, potentially eliminating tens of thousands in obligations.Pros and Cons of Filing Bankruptcy — Debt.org
3. Fresh Financial Start: It allows you to rebuild without the weight of past debts, often leading to better financial habits long-term.
4. Potential Credit Improvement: If your score is already low due to delinquencies, bankruptcy can stabilize it faster than ongoing defaults. Scores can rebound to 700+ within 1-2 years with responsible behavior.Pros and Cons of Filing for Bankruptcy — LendingTree
5. Asset Protection: Exemptions shield essentials like your home (up to certain equity limits), car, retirement accounts, and personal items.

For many, these pros mean peace of mind and a path to financial stability.

Cons of Filing for Bankruptcy

While beneficial, bankruptcy isn’t without downsides. Consider these before deciding:

1. Credit Score Impact: Your score could drop 100-200 points initially and stay on your report for 10 years. Loans may be harder short-term but the impact quickly diminishes.
2. Asset Loss: In Chapter 7, non-exempt property (e.g., luxury items or second homes) could be sold.
3. No Discharge for All Debts: Student loans, child support, recent taxes, and secured debts (like mortgages) often survive bankruptcy.Bankruptcy — WashingtonLawHelp.org
4. Filing Fees and Costs: Court fees start at $300-$400, plus attorney fees ($2,000-$3,500 typically). It’s not “inexpensive bankruptcy,” despite searches for affordable options.
5. Emotional and Social Stigma: Some feel shame, though it’s a common tool—over 400,000 non-business filings occurred in the year ending June 2025. Bankruptcy Filings Rise 11.5 Percent Over Previous Year — U.S. Courts (Published July 31, 2025). Think of it as a business decision.

Chapter 7 vs. Chapter 13: Which Is Right for You?

• Chapter 7: Best for low-income filers with mostly unsecured debt. Process takes 4-6 months; most debts discharged.
• Chapter 13: Suited for higher earners or those with assets to protect. Requires a repayment plan but lets you catch up on mortgages.

Alternatives to Filing Bankruptcy

Before jumping to bankruptcy, explore these options. They might resolve your debt without the long-term credit hit:

1. Credit Counseling: Non-profit agencies review your finances and create a budget. It’s required pre-bankruptcy anyway and often free or low-cost.
2. Debt Consolidation: Combine debts into one loan with lower interest. Good if you have decent credit; reduces monthly payments. Personal Bankruptcy Inquiries Surging? Alternatives to Consider Now — CBS News
3. Debt Management Plan (DMP): Through counseling, negotiate lower rates and fixed payments. Takes 3-5 years but avoids bankruptcy.
4. Debt Settlement: Negotiate to pay a lump sum less than owed. Risky—can damage credit and trigger taxes on forgiven debt—but cheaper than full repayment. Alternatives to Bankruptcy — AF Morgan Law
5. Negotiate Directly with Creditors: Many accept hardship plans or reduced settlements. Or, build a strict budget and emergency fund to pay down debt organically. Here’s your clickable link: Alternatives to Bankruptcy — TexasLawHelp.org
6. Balance Transfer Cards: For smaller debts, transfer to 0% APR cards temporarily.

Our office can help you with debt settlement and direct negotiation with creditors, alternatives to bankruptcy. These alternatives work best for manageable debt and a good source of income or asset. If creditors are suing or garnishing wages, bankruptcy might be unavoidable.

When Should You Consult a Bankruptcy Attorney?

You shouldn’t decide alone—should I file for bankruptcy? It is too complex for DIY. A bankruptcy lawyer can:

• Assess eligibility and exemptions.
• Maximize debt discharge.
• Navigate paperwork to avoid denial.

With filings surging in 2025, experienced attorneys are busier, so act soon. July US Corporate Bankruptcy Filings Hit Highest Monthly Total in 5 Years — S&P Global

Final Thoughts: Is Bankruptcy Right for You?

Deciding should I file for bankruptcy boils down to your financial picture. If debt is insurmountable and alternatives fail, it can provide the relief you need. But with rising filings in 2025, it’s clear many are facing similar struggles— you’re not alone.

At LONG & LONG P.C. we specialize in helping clients like you explore options, from alternatives to bankruptcy to full Chapter 7 or 13 filings. Take the first step toward financial freedom—call now at 303-832-2655 or use our website contact link to schedule your free consultation. What Is Bankruptcy? A Complete Guide to Understanding Your Options

Disclaimer: This post is for informational purposes only and not legal advice. Bankruptcy laws vary by state and situation.

If you’re considering filing for bankruptcy in Colorado, understanding state-specific exemptions is crucial. These exemptions determine what property you can keep during Chapter 7 or Chapter 13 bankruptcy. Colorado opts out of federal exemptions, meaning residents must use the state’s generous protections for homes, vehicles, retirement accounts, and more. Attorney Martin Long is a former Trustee for the U.S. Bankruptcy Court. At LONG & LONG, our experienced Denver bankruptcy attorneys and Centennial bankruptcy lawyers help clients maximize these exemptions to safeguard their assets and achieve a fresh financial start.

Whether you’re facing overwhelming debt or need guidance on the bankruptcy process in Colorado, contact us today at 303-832-2655 for a free consultation in Denver or Centennial.

Why Bankruptcy Exemptions Matter

In Chapter 7 bankruptcy, non-exempt assets may be liquidated to pay creditors, but exemptions protect essential property. In Chapter 13 bankruptcy, exemptions influence your repayment plan. Colorado’s exemptions are adjusted periodically and can often be doubled for married couples filing jointly (unless noted otherwise). Note: These apply to cases filed in 2025; always consult a professional for personalized advice.

Below is a comprehensive list of Colorado bankruptcy exemptions based on current statutes.

Key Colorado Bankruptcy Exemptions for 2025

Use the table below for a quick overview or read the detailed sections for conditions.

Homestead Exemption Details

Protect your primary residence or mobile home with up to $250,000 in equity. This rises to $350,000 for seniors or those with disabilities, making Colorado one of the more protective states for homes.

Vehicle and Tools Exemptions

Keep your car or truck safe with the $15,000 motor vehicle exemption ($25,000 for eligible filers). For business owners, the robust tools of the trade exemption cover essential equipment up to $60,000.

Personal Property and Other Exemptions

Everyday items like clothing, food, and household goods have specific limits, but most essentials are covered. Retirement accounts are fully protected to secure your future.

Doubling Exemptions for Married Couples

In joint filings, many exemptions (e.g., personal property) can be doubled for shared assets. However, homestead and agricultural exemptions cannot. Our Denver metro and Centennial bankruptcy lawyers at LONG & LONG can help you navigate these rules.

No Wildcard Exemption in Colorado

Unlike some states, Colorado does not offer a wildcard exemption for flexible asset protection. Focus on categorizing your property correctly.

Contact LONG & LONG for Bankruptcy Help

Bankruptcy exemptions can be complex, and mistakes could cost you valuable assets. Located in Denver, Colorado and Centennial, Colorado, and serving Aurora and the Front Range, LONG & LONG specializes in Colorado bankruptcy law. Call 303-832-2655 today to discuss your options with a trusted Denver bankruptcy attorney.

👉 Using the Colorado Homestead Exemption in Bankruptcy

Related Resources:

• Colorado Bankruptcy Court
• Official Colorado Statutes

Why Choose a Denver Bankruptcy Attorney?

Filing for bankruptcy is a significant decision that requires personalized guidance from a skilled attorney familiar with Colorado’s bankruptcy laws. A local Denver bankruptcy attorney offers several advantages:

• Unmatched Local Expertise: Attorney Martin Long is a former Chapter 7 Trustee for the U. S. Bankruptcy Court. Our attorneys at Long & Long understand the nuances of Colorado bankruptcy courts, including the U.S. Bankruptcy Court for the District of Colorado, ensuring your case is handled efficiently.
• Personalized Service: Unlike large firms, we provide one-on-one attention, ensuring you feel supported throughout the process. Our Centennial office, conveniently located next to I-25 and Arapahoe Road, offers easy access throughout the Front Range, flexible hours and free parking for easy access.
• Comprehensive Support: From initial consultations to post-bankruptcy credit repair advice, we help you navigate every step, including the mandatory pre- and post-bankruptcy counseling courses.

Understanding Chapter 7 and Chapter 13 Bankruptcy

Bankruptcy laws offer different options depending on your financial situation. Here’s a breakdown of the two most common types for individuals:

Chapter 7 Bankruptcy: A Fresh Start

Chapter 7, often called “liquidation bankruptcy,” is ideal for individuals with limited income who need to discharge unsecured debts like credit card balances or medical bills. To qualify, you must pass the “means test,” which compares your income to Colorado’s median income for your household size.

• Benefits: Discharges most unsecured debts, stops wage garnishments, and halts creditor harassment through an automatic stay.
• Process: Involves disclosing all income, debts, and assets. Our attorneys at Long & Long help identify exempt assets (like your home or car) to protect them from liquidation.
• Timeline: Typically takes 4-6 months, with a “Meeting of Creditors” where our former U.S. Bankruptcy Court Trustee, Martin E. Long, guides you through questioning under oath.

Chapter 13 Bankruptcy: Reorganization for Stability

Chapter 13, known as “reorganization bankruptcy,” is suitable for those with regular income who want to keep non-exempt assets, like a home facing foreclosure. It involves a 3-5 year repayment plan tailored to your budget.

• Benefits: Prevents foreclosure, allows you to “strip off” second mortgages, and restructures debts into manageable payments.
• Process: You submit payments to a trustee, who distributes them to creditors based on priority. Our attorneys ensure your repayment plan is feasible and compliant.
• Who Qualifies: Ideal for those who don’t pass the Chapter 7 means test or have non-exempt assets or non-dischargeable debts like taxes or child support.

Why Long & Long Stands Out

At Long & Long, we’re committed to making bankruptcy accessible and stress-free. Here’s why Denver residents trust us:

• Experience: Attorney Martin E. Long, a former U.S. Bankruptcy Court Trustee, has conducted thousands of bankruptcy cases, offering unmatched insight into the process.
• Affordability: We offer free consultations, affordable fees (Chapter 7: $1,700-$3,000+; Chapter 13: $4,500+), and flexible payment plans to ease financial strain.
• Client-Centered Approach: We prioritize your peace of mind, providing 24/7 access to our team and clear explanations of each step. Our clients praise our compassion and professionalism, with reviews highlighting our ability to navigate complex cases.
• Convenient Location: Our Centennial office serves metro Denver, Aurora, Littleton, Englewood, Highlands Ranch, Castle Rock, Colorado Springs and beyond, with virtual consultations available for those outside the metro area.

Common Reasons to File for Bankruptcy in Denver

Life’s challenges can lead to overwhelming debt. Common reasons Denver residents file for bankruptcy include:

• Medical Bills: Unexpected healthcare costs are a leading cause of bankruptcy, even for insured individuals.
• Job Loss or Income Disruption: Unemployment or reduced income can make it impossible to keep up with debt payments.
• Credit Card Debt: High-interest credit card balances can spiral out of control during financial hardship.
• Foreclosure or Wage Garnishment: Bankruptcy’s automatic stay can halt foreclosure and garnishment, giving you time to regroup.

What to Expect When Working with Long & Long

1. Free Consultation: Schedule a no-obligation consultation by calling (303) 832-2655 or visiting www.denverbankruptcylawyer.net. Bring details of your debts, income, and expenses for a thorough evaluation.
2. Document Preparation: We’ll provide a Chapter 7 Timeline, intake sheet, and fee agreement via DocuSign for easy signing. Complete the intake sheet, and we’ll review it promptly.
3. Counseling Courses: Complete the required pre- and post-bankruptcy counseling courses (about 1.5 hours each, at a nominal cost) to meet court requirements.
4. Filing and Representation: We handle all paperwork and strategies and represent you at the Meeting of Creditors, ensuring a smooth process.
5. Post-Bankruptcy Support: We offer guidance on rebuilding your credit, helping you achieve a 700+ credit score within 24 months.

Debts That Cannot Be Discharged

Not all debts are dischargeable in bankruptcy. These include:

• Child support and alimony
• Most student loans
• Certain taxes
• Criminal fines or restitution

Our attorneys will review your debts to determine which can be discharged and advise on the best course of action.

Take the First Step Toward Financial Freedom

If you’re searching for a “Denver bankruptcy attorney near me,” Long & Long is here to help. With decades of experience, a client-first approach, and a commitment to affordability, we’ll guide you through Chapter 7 or Chapter 13 bankruptcy to secure a brighter financial future. Don’t let debt control your life—call (303) 832-2655 or visit www.denverbankruptcylawyer.net to schedule your free consultation today. Also check out our posts at: Here’s your clickable website link:

👉 Getting Credit Cards After Filing for Bankruptcy

👉 What is Bankruptcy? A Complete Guide to Understanding Your Options

Disclaimer: The information provided is for general purposes only and does not constitute legal advice.

Action Steps to Ensure Your Bankruptcy Discharge

1. Verify Your Account Status with Secured Creditors 

Contact your mortgage company and other secured lenders in writing to confirm that your accounts are current. This includes verifying that you’ve paid any additional fees they may have charged related to your bankruptcy, such as costs for filing a proof of claim. Request a written statement from each lender confirming your account is up to date.

2. Stay Ahead on Payments 

To avoid any last-minute issues, we strongly recommend staying one month ahead on both your Chapter 13 plan payments to the trustee and your payments to secured creditors (e.g., mortgage or car loans). Maintaining this buffer until your discharge is granted will help ensure you meet all requirements, even if unexpected delays or fees arise.

3. Contact your Attorney with Questions 

Always contact your attorney 4 to 5 months before the end of the Plan to make sure you are on tract to receive your discharge.

Why These Steps Matter

Under 11 U.S.C. § 1328, the bankruptcy court requires strict compliance with your Chapter 13 plan to grant a discharge, which eliminates eligible debts and completes your bankruptcy case. Missing even a single payment or failing to address lender fees could jeopardize your discharge, prolonging financial stress. By staying proactive and working with your Denver bankruptcy attorney, you can avoid these pitfalls and secure your fresh start.

You’re Almost There!

Reaching the final months of your Chapter 13 plan is a significant milestone. With just a few steps left, you’re on the verge of achieving debt relief and financial freedom.

What is Bankruptcy? A Complete Guide to Understanding Your Options

Considering a Chapter 13 bankruptcy? Contact our experienced Denver bankruptcy attorneys today for personalized guidance. Schedule a free consultation with Martin Long of LONG & LONG by calling 303-832-2655 or visiting Denver Bankruptcy Lawyer | Centennial Chapter 7 & 13 Bankruptcy Attorney | LONG & LONG . We’re here to help you navigate the U.S. Bankruptcy Court for the District of Colorado and achieve your financial goals.

How Does Bankruptcy Work? A Step-by-Step Guide to Debt Relief

What is Bankruptcy? A Complete Guide to Understanding

How Does Bankruptcy Work? A Step-by-Step Guide to Debt Relief

What Does Bankruptcy Do?

Bankruptcy is a legal process governed by federal law that helps individuals and businesses manage or eliminate debts they cannot pay. It provides a fresh start by either discharging (eliminating) certain debts or restructuring them into a manageable repayment plan. When you file for bankruptcy, an automatic stay immediately stops most creditor actions, such as collection calls, lawsuits, wage garnishments, and foreclosures, giving you time to address your financial situation.

Types of Bankruptcy for Individuals

Before diving into the process, it’s important to know the two main types of bankruptcy for individuals: Chapter 7 and Chapter 13. Each works differently and suits different financial situations.

• Chapter 7 (Liquidation): This eliminates most unsecured debts (e.g., credit cards, medical bills) by liquidating non-exempt assets to pay creditors. It’s ideal for those with low income and few assets.
• Chapter 13 (Repayment Plan): This allows you to keep your property while repaying debts over 3–5 years. It’s suited for those with regular income who want to protect assets like a home or car.

How Does Bankruptcy Work? A Step-by-Step Guide

The bankruptcy process varies slightly depending on whether you file Chapter 7 or Chapter 13, but here’s a general overview of the key steps:

Step 1: Evaluate Your Financial Situation

Start by assessing your debts, income, expenses, and assets. Consulting a bankruptcy attorney is crucial at this stage. They’ll help determine if bankruptcy is the best option or if alternatives like debt settlement or credit counseling might work better. A qualified attorney can also recommend whether Chapter 7 or Chapter 13 is right for you.  

Step 2: Complete Credit Counseling

Before filing, you must complete a credit counseling course from an approved agency. This course, which takes about 1–2 hours, reviews your financial situation and explores debt relief options. You’ll receive a certificate of completion, which must be filed with your bankruptcy petition.

Step 3: File the Bankruptcy Petition

Filing begins with submitting a bankruptcy petition to the federal bankruptcy court in your district. This includes detailed forms listing your income, expenses, assets, debts, and financial transactions. Once filed, the automatic stay takes effect, halting creditor actions. Your attorney will ensure all paperwork is accurate to avoid delays or complications.  https://www.uscourts.gov/court-programs/bankruptcy

Step 4: Meet with the Bankruptcy Trustee

After filing, a bankruptcy trustee is appointed to oversee your case. You’ll attend a 341 meeting of creditors (named after Section 341 of the Bankruptcy Code), typically 20–40 days after filing. At this meeting, the trustee and creditors (if they attend) ask questions about your finances under oath. Your attorney will prepare you for this straightforward process, which usually lasts 10–15 minutes. https://www.cacb.uscourts.gov/video/bankruptcy-basics-part-5-creditors-meeting

Step 5: Follow the Bankruptcy Process

The next steps depend on your bankruptcy type:

Chapter 7: The trustee reviews your assets to determine if any non-exempt property can be sold to pay creditors. In most cases, filers keep all their property due to exemptions. After 60–90 days, eligible debts are discharged, meaning you’re no longer obligated to pay them. The entire process typically takes 4–6 months. https://www.irs.gov/businesses/small-businesses-self-employed/bankruptcy-frequently-asked-questions

Chapter 13: You propose a repayment plan, which the court must approve. You’ll make monthly payments to the trustee, who distributes funds to creditors. The plan lasts 3–5 years and remaining eligible debts may be discharged upon completion.  https://www.weltman.com/publication-your-top-chapter-7-and-13-bankruptcy-questions-answered

Step 6: Complete a Financial Management Course

Before receiving a discharge, you must complete a debtor education course (different from the initial credit counseling). This course teaches budgeting and financial management skills to help you avoid future debt problems. You’ll file a certificate of completion with the court.

Step 7: Receive Your Discharge

Once all requirements are met, the court issues a discharge order. In Chapter 7, this wipes out eligible debts. In Chapter 13, it eliminates remaining eligible debts after completing the repayment plan. Note that some debts, like student loans, child support, and certain taxes, are typically not dischargeable. https://www.justice.gov/ust/bankruptcy-information-sheet-0

What Happens After Bankruptcy?

After bankruptcy, you can start rebuilding your financial life. While bankruptcy stays on your credit report for 7–10 years (7 for Chapter 13, 10 for Chapter 7), its impact lessens over time. To rebuild credit, focus on paying bills on time, maintaining a low debt-to-income ratio, and using secured credit cards responsibly. https://www.boginmunns.com/faqs/bankruptcy-frequently-asked-questions/

Bankruptcy also offers a fresh start, free from the stress of unmanageable debt. You may be able to qualify for certain loans, like FHA mortgages, as soon as 1–2 years after filing, depending on your situation.

Why Work with LONG & LONG?

Attorney Martin E. Long is a former Bankruptcy Trustee for the U.S. Bankruptcy Court, District of Colorado. Navigating bankruptcy can be overwhelming, but you don’t have to do it alone. At LONG & LONG, our compassionate bankruptcy attorneys in Denver, Colorado have helped countless clients throughout Colorado achieve debt relief through Chapter 7 and Chapter 13. We provide personalized guidance, from filing your petition to securing your discharge, ensuring a smooth process.

Ready to take control of your finances? Contact us today for a free consultation. Call 303-832-2655 or fill out our online contact form to schedule an appointment. Let us help you start your journey to a debt-free future.

Frequently Asked Questions About Bankruptcy

Will I lose everything if I file for bankruptcy?

No. Exemptions protect certain assets, like your home, car, and personal belongings, in most cases. An experienced bankruptcy attorney will maximize what you keep.

 Common Bankruptcy Questions

How long does bankruptcy take?

Chapter 7 typically takes 4–6 months, while Chapter 13 lasts 3–5 years due to the repayment plan.  https://hallnavarro.com/11-common-bankruptcy-questions-answered/

Can bankruptcy stop foreclosure?

Yes, the automatic stay can temporarily halt foreclosure, and Chapter 13 can help you catch up on missed payments.

Don’t let debt control your life. Contact LONG & LONG at 303-832-2655 or through this website. You will receive a quick response today to learn how bankruptcy works and explore your path to financial freedom./bankruptcy-blog/chapter-7-vs-chapter-13-bankruptcy/

Why Tax Refunds Matter in Bankruptcy

Tax refunds are considered part of your bankruptcy estate, meaning they could be subject to scrutiny by the bankruptcy trustee. In Chapter 7 bankruptcy, a refund might be treated as an asset that could be used to pay creditors. In Chapter 13 bankruptcy, it could affect your repayment plan. Spending your refund improperly before filing could lead to accusations of hiding assets or fraud, potentially jeopardizing your case. To avoid issues, you need to know what’s allowed and what’s not.

General Guidelines for Spending Tax Refunds

Before diving into specifics, here’s a key principle: Bankruptcy courts expect you to use your tax refund for reasonable and necessary expenses. Lavish or non-essential spending can raise red flags and may be seen as an attempt to hide assets from creditors. Always consult with a bankruptcy attorney before spending your refund to ensure compliance with local bankruptcy rules.

Here are some general do’s and don’ts:

• Do: Spend on essential living expenses or debts that align with your normal budget.
• Don’t: Make large, luxury purchases or transfer the refund to someone else to “protect” it.

Now, let’s break down what you can safely spend your tax refund on before filing bankruptcy.

Acceptable Ways to Spend Your Tax Refund

The following expenses are generally considered reasonable by bankruptcy courts, as they reflect typical household needs or financial obligations. However, keep receipts and documentation to prove how the money was used.

1. Everyday Living Expenses

You can use your tax refund to cover basic necessities, including:

• Groceries and household supplies
• Rent or mortgage payments
• Utilities (electricity, water, internet, etc.)
• Transportation costs (gas, public transit, or car maintenance)

Why It’s Okay: These expenses are essential for maintaining your household and are unlikely to be questioned unless the amounts are excessive.

Tip: Stick to your usual spending patterns. For example, don’t buy a year’s worth of groceries at once, as this could look like an attempt to “use up” the refund.

2. Medical Expenses

Paying for healthcare costs is typically allowed, such as:

• Doctor or dentist visits
• Prescription medications
• Urgent medical procedures

Why It’s Okay: Courts recognize medical care as a priority, especially if it’s necessary to maintain your health or ability to work.

Tip: If you’re catching up on overdue medical bills, check with your attorney to ensure the timing doesn’t raise suspicion, and do not pay the creditor $600 or more.

3. Car Repairs or Maintenance

Using your refund for vehicle-related expenses is often permissible, including:

• Oil changes or tire replacements
• Repairs to keep your car operational
• Car insurance payments

Why It’s Okay: A functioning vehicle is often essential for work and daily life, especially if you don’t have access to public transportation.

Tip: Avoid buying a new car or making luxury upgrades, as these could be seen as non-essential.

4. Paying Certain Debts

You can use your refund to pay some debts, but be cautious:

• Secured debts: Payments on your mortgage or car loan are generally fine, as they protect assets you want to keep.
• Regular monthly bills: Paying utility bills in your normal amounts is typically safe.
• Court-ordered obligations: Payments like child support or alimony are almost always acceptable.

Why It’s Okay: These payments show you’re maintaining financial responsibilities, not hiding money.

Warning: Avoid paying off large amounts ($600 or more) to one creditor (especially friends or family) right before filing, as this could be considered a “preferential transfer” and undone by the trustee.

5. Legal Fees for Bankruptcy

Using your tax refund to pay your bankruptcy attorney or filing fees is usually allowed.

Why It’s Okay: Courts recognize the need to fund your bankruptcy case, and legal fees are considered a legitimate expense.

Tip: Ensure the payment is reasonable and documented to avoid any misinterpretation.

What to Avoid Spending Your Tax Refund On

Certain spending habits can jeopardize your bankruptcy case. Steer clear of these to avoid complications:

1. Luxury Purchases

Avoid spending on non-essential or extravagant items, such as:

• Vacations or travel
• High-end electronics (e.g., a new TV or gaming console)
• Designer clothing or jewelry

Why It’s Risky: These purchases can be seen as an attempt to dissipate assets, potentially leading to objections from the trustee or even a denial of discharge in extreme cases.

2. Paying Off Friends or Family

Repaying loans to relatives or close friends right before filing is a red flag.

• Example: Giving $5,000 to your cousin to “settle” an informal loan.

Why It’s Risky: The trustee may view this as hiding assets and could demand the money be returned to the bankruptcy estate.

3. Large Cash Withdrawals or Transfers

Taking out cash or moving your refund to another account (or someone else’s) can look suspicious.

• Example: Depositing your refund into a child’s account to “keep it safe.”

Why It’s Risky: This could be interpreted as fraud, leading to serious consequences like a dismissed case.

4. Gambling or Speculative Investments

Spending your refund on risky ventures, like gambling, cryptocurrency, or stocks, is a bad idea.

• Why It’s Risky: These actions suggest you’re trying to dispose of the refund rather than using it responsibly.

Chapter 7 vs. Chapter 13: How It Affects Your Refund

The type of bankruptcy you file impacts how your tax refund is handled:

• Chapter 7 Bankruptcy:
  • Your tax refund is considered an asset. If you receive it before filing, spending it improperly could lead to issues.
  • Some states allow exemptions to protect part or all of your refund (e.g., earned income credit for a child, additional child  tax credit, wildcard exemptions). Check with your attorney to see what applies in your state.
  • Timing matters: If you file late in the year or early in the year the tax refund you have earned up to that point but have not received will be claimable by the trustee.
• Chapter 13 Bankruptcy:
  • Your refund may need to be included in your repayment plan to pay creditors.
  • Courts may require you to turn over refunds during the plan (3-5 years) unless you budget them for necessities.
  • Spending the refund before filing is less scrutinized, but you still need to justify it as reasonable.

Pro Tip: Discuss your refund with your attorney to see if exemptions or timing strategies can protect it.

Timing Your Bankruptcy Filing

When you file bankruptcy relative to receiving your tax refund can make a big difference:

• Before Receiving Your Refund: If you haven’t received your refund yet, it can be considered part of your estate. If, for example, you file bankruptcy on November 1, the tax refund you earned from January 1 to October 31 can be considered part of the bankruptcy estate.
• After Spending Your Refund: If you’ve already spent the refund, be prepared to show it went to legitimate expenses. Courts typically look back 90 days to 1 year for questionable transactions.

Best Practice: Keep detailed records (receipts, bank statements) of how you spent the refund, and avoid filing immediately after large purchases to reduce suspicion.

Practical Steps to Protect Your Refund

1. Consult a Bankruptcy Attorney: Before spending your refund, get personalized advice to ensure compliance with local laws.
2. Document Everything: Save receipts and bank statements to prove your spending was reasonable if questioned.
3. Use Exemptions: Ask your attorney about state or federal exemptions that might protect your refund from creditors.
4. Budget Wisely: Incorporate the refund into your normal budget rather than treating it as “extra” money.
5. Avoid Sudden Changes: Don’t alter your spending habits drastically before filing, as consistency looks better to the court.

Conclusion: Spend Smart, File Confidently

Your tax refund can be a valuable resource, but spending it wisely before filing bankruptcy is critical to a smooth case. Stick to necessary expenses like rent, utilities, medical bills, or legal fees, and avoid luxury purchases or payments to friends and family. By planning ahead and consulting a bankruptcy attorney, you can use your refund responsibly without risking your fresh financial start.

Ready to file bankruptcy and protect your assets? Contact our experienced bankruptcy attorneys at LONG & LONG today at  303-832-2655 for a free consultation. We’ll guide you through every step to ensure your tax refund and finances are handled correctly.

How Chapter 7 Bankruptcy Can Impact Your Tax Return

Understanding Bankruptcy and Divorce

Bankruptcy and divorce are two separate legal processes, but they often intersect when a marriage ends amid financial strain. Bankruptcy can help eliminate or reorganize debts, while divorce divides assets and liabilities between spouses. The timing of these events can significantly affect your financial outcome, so it’s critical to weigh your options carefully.

There are two primary types of personal bankruptcy to consider:

• Chapter 7 Bankruptcy: A liquidation process that wipes out most unsecured debts (e.g., credit card debt, medical bills) but may require selling non-exempt assets.
• Chapter 13 Bankruptcy: A repayment plan that allows you to restructure debts over 3-5 years while keeping your assets.

Each type interacts differently with divorce, so let’s explore the timing question step by step.

Filing Bankruptcy Before Divorce

Filing for bankruptcy before finalizing your divorce can streamline the process, especially if you and your spouse are on amicable terms and share significant debt. Here’s why this might be the right choice:

Pros:

1. Joint Filing Option: If you’re still married, you and your spouse can file a joint bankruptcy petition. This can save time, reduce legal fees, and address all marital debts in one case.
2. Simplified Debt Division: Bankruptcy can discharge shared debts (like credit cards or personal loans) before the divorce, leaving fewer financial loose ends to split in court.
3. Lower Costs: Handling bankruptcy first consolidates legal efforts, potentially reducing the overall expense of two separate proceedings.
4. Protects Divorce Negotiations: Clearing debts beforehand can prevent disputes over who’s responsible for what during the divorce.

Cons:

1. Delays Divorce Proceedings: Bankruptcy triggers an “automatic stay,” halting most legal actions, including your divorce, until the bankruptcy case is resolved.
2. Income Complications: If you file Chapter 7 jointly, both spouses’ incomes are considered. A higher combined income might disqualify you from Chapter 7, pushing you toward Chapter 13 instead.
3. Asset Risks: In Chapter 7, non-exempt assets could be liquidated, complicating property division in the divorce.

Best For:

• Couples with significant joint debt who can cooperate.
• Situations where both spouses want a clean financial slate before parting ways.

Filing Bankruptcy After Divorce

Waiting until after your divorce is finalized to file bankruptcy might make sense if your financial situation is tied up in the divorce settlement or if you and your spouse can’t agree on a joint filing. Here’s what to consider:

Pros:

1. Individual Control: Post-divorce, you file bankruptcy based solely on your income and assets, giving you more control over the process.
2. Divorce Debt Clarity: Divorce agreements often assign specific debts to each spouse. Filing afterward lets you address only your portion of the liability.
3. No Divorce Delay: Your divorce can proceed without interruption from an automatic stay, which might be critical if tensions are high.
4. Protects Settlement Assets: Bankruptcy exemptions can shield assets you receive in the divorce, like a home or car, if timed correctly.

Cons:

1. Higher Costs: Separate bankruptcy filings for each spouse can double legal fees compared to a joint filing before divorce.
2. Lingering Joint Debt: If the divorce doesn’t fully resolve shared debts, you might still be liable for your ex-spouse’s obligations unless discharged in bankruptcy.
3. Credit Impact Timing: Divorce can already hurt your credit; adding bankruptcy afterward might prolong your financial recovery.

Best For:

• Individuals with minimal joint debt or significant personal debt post-divorce.
• Cases where divorce negotiations are contentious or complex.

Key Factors to Consider

To decide whether to file bankruptcy before or after divorce, evaluate these critical elements:

1. Type of Debt: Are your debts joint (e.g., a mortgage or co-signed loans) or individual? Joint debts are easier to handle in a pre-divorce bankruptcy.
2. Cooperation Level: Can you and your spouse work together on a joint filing? If not, waiting until after the divorce might be less stressful.
3. Income and Eligibility: Your combined income before divorce might affect Chapter 7 eligibility. Post-divorce, your individual income could qualify you more easily.
4. Assets at Stake: Consider how bankruptcy might impact property division. Filing after divorce lets you protect assets awarded in the settlement.
5. Timing and Stress: Are you in a rush to finalize the divorce? Bankruptcy first could delay things, while bankruptcy after might extend your financial burden.

How Bankruptcy and Divorce Interact

• Automatic Stay: Filing bankruptcy halts divorce proceedings temporarily, which can be a pro or con depending on your goals.
• Property Division: Divorce courts divide marital property, but bankruptcy courts determine what’s exempt from liquidation. Timing these processes can protect or jeopardize assets.
• Alimony and Support: Bankruptcy doesn’t discharge domestic support obligations (e.g., alimony or child support), so these remain intact regardless of when you file.
• Chapter 13 bankruptcy versus Chapter 7 bankruptcy: Chapter 13 allows discharge of property se

Practical Steps to Decide

1. Consult Professionals: Speak with a bankruptcy attorney and a divorce lawyer to assess your situation. Many offer free initial consultations.
2. Review Finances: List all debts, assets, and income—both joint and individual—to see how each option affects you.
3. Plan Your Goals: Are you prioritizing speed, cost savings, or asset protection? Your priorities will guide your choice.
4. Consider Mediation: If filing jointly before divorce, mediation can help you and your spouse align on financial decisions.

Conclusion: What’s Right for You?

There’s no one-size-fits-all answer to whether you should file bankruptcy before or after divorce. Filing before works best for couples with shared debt and a cooperative mindset, offering a fresh start with lower costs. Filing after suits those with individual debt or complex divorce terms, giving you flexibility post-settlement.

Ultimately, your decision hinges on your financial snapshot and personal circumstances. By consulting experts and weighing the pros and cons, you can choose the path that minimizes stress and maximizes relief. Ready to take the next step? Call or text  LONG & LONG now at 303-832-2655, or through this website,  and ask to  schedule your free consultation to explore your options and secure your financial future. With over  35 years of experience and a former Trustee for the U. S. Bankruptcy Court, Attorney Martin E. Long is the go-to bankruptcy attorney in Colorado. Here’s the clickable link:

Are Divorce Debts Discharged in Bankruptcy?

CHAPTER 11

A Bankruptcy Court sitting in a Chapter 11 case has very broad powers to allow a Chapter 11 business debtor to re-negotiate with utility companies, supply contractors and unions or other labor representatives as well many, many other individuals or entities. Chapter 11 business cases are when you want to keep their business going and you have has a realistic chance to do so, if certain costs are renegotiated and other legal objections are met. It is important to note, however, that Chapter 11 cases are complicated and expensive. It is critical that before filing for relief under Chapter 11 of the Bankruptcy Code you have a detailed discussion with your experienced bankruptcy attorney regarding your current state of affairs as well as your realistic goals for your small business in the near, intermediate and long term future. These discussions will inform your attorney as to whether it is better to negotiate a pre-packaged Chapter 11 case and then file or whether it is better to file for relief under Chapter 11 and file for various protective Order on the first day at the inception of your case.

CHAPTER 13

            Yes, Chapter 13 has a place in small business bankruptcy discussions. If you are your businesses only employee and there are numerous guarantees that you signed incurring liability in your personal capacity as well as your capacity as the owner of your small business, perhaps even using personal property or your home as collateral, you may need to file for Chapter 13 bankruptcy. If you file for relief under Chapter 13 of the bankruptcy you must be an individual, and you file as an individual, doing business as, or who owns the specific company.

CHAPTER 7

            Chapter 7 of the Bankruptcy Code allows for a business to file for relief under Chapter seven to liquidate the business. If your business does not have significant name or brand recognition and if there is little in the way of actual assets that the business owns, such as tools, a fleet of cars, many computers, et cetera, it may be worth your while to liquidate the company and officially unwind your business with the state. If you work as an educated professional your value lay in your education and experience. Plumbers, welders, electricians and all manner of skill craftsman as well as lawyers, accountants and architects certainly fall within the ambit of this discussion. You can always reopen a new business doing the same thing you are skilled at.

          The law firm of Long & Long have decades of combined experience in bankruptcy and has the know how to represent any type of client, whether debtor or creditor, in any type of bankruptcy proceeding, including Chapter 11 and Chapter 7. Long & Long can be reached at (303) 832-2655.     

http://www.denverbankruptcylawyer.net                                                                                                                  

What Are Bankruptcy Chapters?

When financial difficulties arise, individuals can file for bankruptcy under Chapter 7, Chapter 11, Chapter 12, or Chapter 13 of the U.S. Bankruptcy Code. Filing a petition in bankruptcy court places your case under the supervision of a bankruptcy judge. However, a bankruptcy trustee typically manages the process, handling either the liquidation of non-exempt assets (Chapter 7) or overseeing a repayment plan (Chapter 13). This guide focuses on the bankruptcy process for Chapters 7 and 13, explaining what happens to your property during and after bankruptcy.

 A debtor will usually have little interaction with the judge or even the creditors as the trustee handles most aspects of the petition and case. There are other chapters of the bankruptcy code such as Chapter 11 (reorganization) or Chapter 12 (farmers and fishermen), but the focus of this blog will be on Chapters 7 and 13.

Property Under Chapter 7

A Chapter 7 bankruptcy is entitled “Liquidation.” It involves a discharge of the debtor’s debts in a short time-frame and a liquidation of the non-exempt debtor’s assets. A Chapter 7 case is a complex measure, and should be considered carefully with the guidance of highly experienced legal counsel.  The Chapter 7 trustee will oversee a sale of non-exempt assets and distribution of all monies to the creditors and the bankruptcy judge will enter a discharge order of the creditor’s claims. Therefore, it is important to have experienced legal counsel who can assist in pre-bankruptcy planning and converting non-exempt assets into exempt assets.

Colorado observes an “opt-out” provision meaning that debtor’s must use the Colorado exemptions in a Chapter 7 case in lieu of federal bankruptcy exemptions. Some common Colorado exemptions under Chapter 7 are:

• Homestead (you may keep a portion of the equity in your home, ($250,000 or up to $350,000)or a certain amount of the proceeds of the sale)
• Reasonable amounts for alimony, support, and maintenance
• Pension and retirement benefits
• Insurance benefits to some degree
• Motor vehicle (your motor vehicle may be exempt if the equity is less than or equal to the exemption amount)

There are many other exemptions under Colorado law. Filing the petition, properly listing exempt property, and following the strict procedural guidelines is a complex process which is best approached with an experienced bankruptcy attorney. Legal counsel should be retained if contemplating a bankruptcy to protect your rights as a debtor in the proceedings.

Property Under Chapter 13

A Chapter 13 bankruptcy is also known as a wage earner’s plan and is available for individuals within a set income bracket. Under Chapter 13, an individual may be able to save their homes from foreclosure by “catching-up” on payments. Upon filing a Chapter 13 petition, a legal procedure known as an automatic stay takes effect. This stay prevents creditors from continuing collection actions against the debtor, including an upcoming foreclosure. However, debtors should be aware that if a bank completes the foreclosure proceedings before filing a petition then the stay will not stop the foreclosure. A debtor must file the petition before the foreclosure sale. A debtor may be able to keep some or most of their property in a Chapter 13 bankruptcy. The trustee will consolidate the creditor’s claims and disburse payments from the debtor to them under a repayment plan over the course of three to five years.

Contact your Denver Bankruptcy Attorney

As a former trustee for the U.S. Bankruptcy Court, with over thirty years’ experience, Bankruptcy Attorney Martin Long is an expert in the industry with decades of experience in Bankruptcy Law in Centennial, Colorado. We also serve Aurora, Loveland, Highlands Ranch, Denver, Littleton, Castle Rock, Colorado Springs, Colorado and the Denver metro area. For help with your financial matter, contact the Law Office of Long & Long. For a free initial consultation (via phone, Zoom, or office) call 303-832-2655 now.

The first thing you must do when a debt collector calls is to inquire if indeed they are the creditor themselves–such as the actual doctor’s office or hospital business office itself. They may be from a third party collection agency.

Next it is important to determine if they are trying to collect on a real debt or fake debt. As of late, this has become a serious problem. Although there are also many legally and ethically appropriate debt collection firms, many debt collection firms are notorious for operating outside the strictures of the FDCPA. Even with the many protections provided by the FDCPA, some debt collection efforts become too much even for the most resilient debtor.

TAKE STOCK OF YOUR DEBT

            After determining whether your debt is legitimate, you should determine your overall debt. You can obtain a free credit report, and it pays to make sure that all of your information listed is correct. It is best to check your credit report at least once a year to make sure you are not the victim of identity theft.

If after review you find that you cannot realistically pay down your debt to a level you are comfortable with, you should contact a consumer rights attorney who can explain your options; this may include evaluating bankruptcy options. 

FILING FOR BANKRUPTCY

Bankruptcy is a federal law that provides the ultimate trump card for almost all debt collection activity. A Chapter 7 allows debtors to get rid of their dischargeable debt without further payments. A Chapter 13 allows debtors to eliminate dischargeable debt while paying  nondischargeable debt such as taxes, child support, student loans. As such, there are extremely few situations where a debt collector would not be stopped in their tracks if the debtor filed for bankruptcy.

Experienced bankruptcy attorneys understand the larger legal structure of debtor-creditor rights and responsibilities. They know what creditors are able to sue for, how to go about defending those claims and ensure that their clients’ rights are scrupulously protected. They understand whether a debt is unenforceable due to statute of limitations or if the creditor would not be able to obtain jurisdiction over you. Once you retain an attorney, they will stand between you and the debt collectors. Depending on the action plan that you and your attorney decide upon, your attorney may try to negotiate the debt down to a reasonable level, work out a payment plan or deal with the creditor through a bankruptcy proceeding.

GET LEGAL HELP

            If debt collectors are harassing you, it pays to know your rights and to have an aggressive, experienced advocate that knows how to deal with them both legally and practically. The attorneys of Long & Long have decades of experience in thousands of bankruptcy cases. Few law firms can match the dedication, professionalism and experience of Long & Long. In fact, Attorney Martin Long is a former Trustee for the U. S. Bankruptcy Court. You can contact us by calling (303) 832-2655. 

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Best Ways to Handle Debt Collectors in Colorado | Long & Long

It can be overwhelming to get calls and letters that state you owe more money than you can afford to pay.  It’s certainly understandable to feel helpless and it may feel like you have run out of options as the bills mount. However, you do have rights that will allow you to slow the process down and confirm your legal obligations.  There are some simple steps to make sure that you are exercising all your legal rights so you can get the situation resolved if you have fallen behind on your payments.

Validate the Debt Collector Company Attempting to Collect the Debt

The next time you receive a collection call or letter, you should have the debt collector provide all the necessary information about their company before agreeing to anything.  There are two main options when it comes to legitimate debt collection. 

The first is that you are receiving the call or letter from an in-house collection department for the original lender.  They would be able to confirm all details of your account, including the original agreement or contract, creation date, loan amounts, and missed payments.  You should ask for a debt validation notice from the original lender. It may be in your best interest to explain your situation to the original creditor and attempt to work out a payment plan before they contract a third-party to collect or purchase your debt.  The age of the debt certainly applies, and our firm can help you determine whether it is still enforceable.

The second option is that a third-party company has either been contracted to collect your debt or they have purchased it in an effort to collect for profit.  In the case of a third-party, you can simply request a complete verification of the debt and their rights to collect it before you can discuss anything further.  They must provide this debt validation notice within five days.  This simple step can help protect you from debt collection scams and those debts that are no longer valid because of age or previous payments. 

Note: You do not have to provide any personal information to a debt collector.  They may claim they are simply updating the account information, but you can just insist that all requests be put in writing so that they may be reviewed by your attorney.

Confirm the Records are Accurate

When you are dealing with debt collectors, start with collecting all records of your delinquent accounts.  You will want to have records of the total amounts of any debts, as well as last payments made and an accurate history of any missed payments.  If you do not have complete records of the debt, you will want to reach out to the original creditor to confirm the amount and that the debt was sold or contracted to a third-party for collection.  Errors can easily happen with third-party debt collection because the accounts are often bought in bulk and generally just include a spreadsheet with basic account details.  Once you have collected and verified all your account records, our firm can help put together the best debt resolution plan.

Know Your Rights

You have many rights at the federal and state level as a consumer in Colorado when it comes to debt collection.  The Federal Trade Commission protects consumers with many key rights in the Fair Debt Collection Practices Act.  These include the right to only be contacted between 8 am and 9 pm, and the ability to request that the debt collector stop contacting you with a cease-and-desist letter.  The cease-and-desist letter does not mean that you have resolved the debt, and you can still be sued by the creditor or debt collection agency. 

Once the debt collector contacts you, they must provide written confirmation of the amount of the debt, the company it is owed to, and the acknowledgement that you have 30 days to dispute the debt or it will be considered valid.  You can request the debt validation letter without accepting responsibility for the alleged debt or agreeing to pay back any portion. 

The State of Colorado offers consumers further protection against unsavory debt collection practices with the Colorado Fair Debt Collection Practices Act.  You may also have the additional protection of a six-year statute of limitations on liquidated debt.

At Long & Long, we have more than 35 years of experience with debt resolution and bankruptcy protection in Colorado.  Our firm will make sure that you leverage all your legal rights and move forward with the best plan to deal with debt collectors.  Call us today at 303-832-2655 to schedule a free consultation and to take the first steps towards financial security.

If you have significant debt, you may already be aware that filing for bankruptcy can ease this pressure and serve as an avenue towards debt relief. To keep expenses as low as possible in this already financially strenuous time, you may be wondering if filing for bankruptcy is possible without an attorney. The short answer is: yes, you technically can do it yourself, however by not consulting an attorney you take on a number of risks that can easily be avoided. Filing on your own is possible, although consulting an attorney for advice at the very least is strongly recommended. If you or a loved one is currently facing a debt crisis, consider the risks below, then contact Denver & Centennial bankruptcy attorneys Long & Long for advice before attempting to file on your own.

The Risks of Not Using An Attorney for Bankruptcy

If you are determined to file for bankruptcy on your own, it is critical to not overlook any aspects of the process. Since bankruptcy is often time-sensitive, making one mistake can not only set you back even further financially, but can give creditors access to your wages, personal bank accounts, and assets while you are struggling to correct your mistakes. Potential mistakes in the filing process include, but are not limited to:

• Missing key information or necessary documents
• Filing the wrong chapter of bankruptcy
• Not considering other options like debt consolidation
• Not qualifying for bankruptcy
• Not needing to file for bankruptcy in the first place
• Not meeting venue requirements
• Claiming the wrong exemptions
• Discharge denied

Given the unique nature of each bankruptcy case, a variety of things must be evaluated before gathering information and ultimately submitting your filing. In addition to deciding which chapter to file for, and gathering the necessary documents, consider that bankruptcy may not even be the right solution for you!

Are You Worried About the Cost of an Attorney?

Worried about the cost? Your Denver bankruptcy attorney at Long & Long understands that this is a financially strenuous time for you and has helped many clients in very similar situations. It is important to think of working with a bankruptcy attorney as an investment that will make your debt relief process made simple and lead to financial security and peace of mind. At Long & Long, we offer a range of options including payment plans, flat fees, and having your fees potentially absorbed into your chapter 13 payment plan, depending on your scenario. For more details, please contact us at 303-832-2655 or fill out the Justia form for a free consultation.

Why an Attorney is Worth It – And Then Some

Bankruptcy attorneys in Denver deal with situations like yours on a daily basis and know the bankruptcy process inside and out. Whether you cannot meet credit card payments, are falling behind on your mortgage, or are completely insoluble, your Denver bankruptcy attorney will serve as a trusted advisor in your time of need. By creating a custom plan from the ground-up and taking the responsibility out of your hands, from the moment you contact a bankruptcy attorney you will be on the right track towards a financially stable future

Don’t Do It Alone! Contact Denver Bankruptcy Attorneys Long & Long

As a former trustee for the bankruptcy court, Martin Long has over 35 years of  experience dealing with bankruptcy matters. Although your scenario is unique, the Denver bankruptcy attorneys at Long & Long have seen hundreds of very similar cases in the past. You trust doctors with your health, so trust a bankruptcy professional with your debt matters! Many of our clients are struggling financially,  we will create a payment plan that works for you. Contact us now for a free consultation!

This  Chapter 7 Bankruptcy page sheds light on the intricacies of bankruptcy laws and proceedings, specifically focusing on the parameters of Chapter 7. Central to understanding this kind of bankruptcy is discussing the ‘means test,’ which is a determining factor for qualifying for Chapter 7. This test scrutinizes the applicant’s financial situation, examining the individual’s income and expenses over the past six months to assess one’s financial situation accurately.

The means test calculation provides an unbiased measure of the debtor’s disposable income, based on nationally and regionally set standards. If the debtor’s income results in minimal or no disposable income, they are typically eligible for Chapter 7 bankruptcy. However, if the debtor has a higher disposable income, it suggests they have the potential to repay a portion of the debts, leading to the ineligibility of filing under Chapter 7.

In scenarios where individuals do not satisfy the means test criteria for Chapter 7, they might still have the option to proceed under Chapter 13 bankruptcy. Rather than liquidating non-exempt assets, which is the fundamental tenet of Chapter 7, Chapter 13 facilitates the creation of a repayment plan to systematically clear debts over 3-5 years while allowing the debtor to keep their property.

Navigating the winds of bankruptcy can be challenging. With the right legal guidance, debtors can understand the nuances of Chapter 7 and Chapter 13, helping them to make a well-informed decision that caters to their unique financial circumstances.

Helping You Regain Financial Health

Deciding to file for bankruptcy can feel like a daunting and disheartening choice. The team at Long & Long will work tirelessly to help you navigate the complexities of Chapter 7 Bankruptcy procedure. Our knowledgeable attorneys are well-versed in examining the detailed financial records required by the ‘means test.’ We can help you understand what the results indicate for your unique financial situation. We aim to empower you to make the most informed decision about your financial future, whether that’s proceeding with Chapter 7 bankruptcy, considering alternative options like Chapter 13, or debunking common bankruptcy misconceptions. We believe that everyone deserves a second chance, which is why providing thorough insights into these important financial matters is our top priority. To help initiate an open discussion about your financial situation, we offer a Free Consultation. Reach out to us and take your first step toward regaining your financial health.

Experiencing the difficulties of debt ends now.

Facing the possibility of bankruptcy can be overwhelming and stressful. However, you don’t have to navigate this complex process alone. At Long & Long, our dedicated team of legal professionals provides comprehensive support and guidance for Chapter 7 Bankruptcy cases. We possess in-depth knowledge and proficiency in bankruptcy laws that can protect you and lay the groundwork for a brighter financial future. By choosing our firm, you’ll receive personalized attention and advice designed to yield the most favorable outcome. We firmly believe in making legal support accessible. We offer a Free Consultation to help you kick-start the bankruptcy process. Don’t let worries about debt consume your life. Make the first step towards financial relief by contacting Long & Long at (303) 832-2655 or through our website. Experience the unique blend of compassion, commitment, and high-caliber legal services that our clients have come to trust. Here’s the clickable link:

Colorado Bankruptcy Means Test: Frequently Asked Questions

Bankruptcy is a significant financial event that can affect your credit score. It is essential to understand how bankruptcy affects your credit score, as this score plays a crucial role in your ability to secure loans, obtain favorable interest rates, and even rent an apartment or get a job in some cases.

Immediate Impact on Credit Score

1. Credit Score Drop: Filing for bankruptcy can typically cause a drop in your credit score. This drop can vary depending on your initial score and the type of bankruptcy filed. For example, a Chapter 7 bankruptcy remains on your credit report for 10 years from the filing date, while Chapter 13 remains for 7 years. However, after this initial drop, the effect of bankruptcy on your credit score diminishes over time.  

2. Public Record: Bankruptcy is a matter of public record, which means it will be visible to lenders and others who check your credit report. This public record status can negatively affect your creditworthiness and how lenders perceive your financial responsibility.

Rebuilding Your Credit Score After Bankruptcy

1. Timely Payments: The most crucial step in rebuilding your credit score after bankruptcy is making timely payments on any remaining debts and new credit obligations. If you are making timely payments, make sure they report payments to the credit bureau. Payment history is a significant factor in determining your credit score, so demonstrating responsible financial behavior over time is essential.

2. Secured Credit Cards: A secured credit card, where you provide a deposit that serves as your credit limit, can be a useful tool in rebuilding credit. By making regular payments and keeping balances low relative to your credit limit, you can demonstrate responsible credit use. As stated earlier, ensure they report payments to the credit bureaus, so you get the credit score you deserve.

3. Monitor Your Credit Report: Regularly monitoring your credit report allows you to track your progress in rebuilding your credit score. It also helps you identify any errors or inaccuracies that may need correction, as these can further impact your creditworthiness.

Conclusion

Bankruptcy is a complex financial decision that should not be taken lightly due to its profound and lasting impact on your credit score. While it provides a fresh start for individuals overwhelmed by debt, it requires careful planning and disciplined financial management to rebuild credit over time. Understanding the implications of bankruptcy and taking proactive steps to improve your creditworthiness are crucial in regaining financial stability.

Rare is the situation where keeping your credit score outweighs eliminating debt through bankruptcy. By responsibly managing your finances, making timely payments, and establishing positive credit habits, you can gradually rebuild your credit score and regain access to financial opportunities in the future. For more information go to https://www.cob.uscourts.gov/. Begin your fresh start by calling LONG & LONG at 303-832-2655.

• Assessing Colorado or other state as proper venue to file: You must have resided in Colorado, or the state you wish to file, for the past 180 days, or 90 days or more than any other state in the past 180 days.

• Assessing Eligibility Under the Means Test: To initiate the bankruptcy process, consider whether you’re eligible for Chapter 7 bankruptcy through the “means test”. This considers your annual income from whatever source (excluding social security payments), household size, and monthly expenses to determine whether your income is below the median for your state – qualifying you for Chapter 7. Or, do other factors of income and expenses allow you to file a Chapter 7.

• Completing a Credit Counseling Course: Before proceeding, attend a credit counseling course by a nonprofit credit counseling agency. This requirement is intended to help you understand your current financial situation and available alternatives to bankruptcy.

• Filing the Bankruptcy Petition: Initiate the bankruptcy process officially by preparing a petition and several other documents detailing your financial circumstances. These will be filed with the bankruptcy court.

• Providing Financial Documents to The Bankruptcy Trustee: You’ll need to share detailed financial records with the bankruptcy trustee. These include recent tax returns, pay stubs, any domestic support obligation, and documentation regarding any major financial transactions.

• Attending the Section 341 Meeting of Creditors: A meeting with the bankruptcy trustee, known as a “341 meeting”, is held about a month after filing. This gives the trustee and your creditors an opportunity to question you under oath about your bankruptcy documents.

• Completing a Debtor Education Course: Before your debts can be discharged, complete a debtor education course approved by the U.S. Trustee Program. Upon completion, you’ll receive a certificate to file with the bankruptcy court as proof of the completed course.

• Obtaining a Discharge of Debts: This is the final step wherein your eligible debts will be wiped out. Getting discharged typically happens 60 to 90 days after the 341 meeting.

Remember to consult with a competent attorney by hiring LONG & LONG. Get an understanding of bankruptcy and a smooth navigation of the bankruptcy process. Our law firm is well-versed in helping clients through these steps and can provide the necessary guidance. Call now at 303-832-2655!

In every bankruptcy case there are at least four different players.   

1. The Debtor – The debtor, you,  is represented by your attorney. Your role is to be honest and forthcoming in your bankruptcy petition. Your attorney gathers the facts in a specified manner and strategy to enable you to receive a discharge under the Bankruptcy Code.
2. The Trustee – The Trustee investigates the financial affairs of the Debtor, collects monies available to be distributed to creditors, and may oppose the discharge of the Debtor. Certainly, creditors can also enter an appearance and make sure their specific voice is heard. The trustee speaks for the best interests of parties in interest.  
3. The United States Trustee – They are distinct from the Trustee assigned to your case. The United States Trustee is a branch of the Department of Justice that acts as a passive prosecutor. They receive a copy of all documents filed in your case and receive recordings of your 341(a) creditor’s hearing. They review each case to help make sure that the bankruptcy laws are complied with and there is no evidence of fraud or abuse. If there is any evidence of fraud or abuse, the trustee or the Trustee’s Office will investigate and prosecute as appropriate.
4. The Bankruptcy Court – the Court reviews everything and resolves any disputes between the parties that they cannot resolve themselves by way of consent. For example, you default on your car loan and they accelerate the payments on it and file a proof of claim claiming they are owed the full amount due and owing on the promissory note, plus attorney’s fees and other incidental costs. You argue that the amount due and owing is not the full accelerated amount and the attorney’s fees are unreasonable and burdensome. Both sides file motions and briefs and both make valid legal arguments based on the law. It is up to the Court to determine which side will prevail and on which issue.   

The law firm of Long & Long have decades of combined experience in bankruptcy. Martin Long is a former Chapter 7 Trustee, ensuring that clients’ rights, property, and money is protected from creditors and others. Call Long & Long now at (303) 832-2655.

It is a common thing for family members to help out other family members with their finances or with larger ticket items, such as a house, a car, large appliances, et cetera. So, it is also natural for some of them to inquire as to why you and/or your spouse are in the process of filing for bankruptcy. Sometimes this may seem intrusive or overly protective but most of the time it is simply your loved one showing interest and concern. In fact, family members are usually all too happy to help pay for the cost of filing for bankruptcy. Explaining bankruptcy to them may help to ease some of the more awkward or uncomfortable conversations that you may have to deal with, including your children. It is also important to keep in mind for your own peace of mind that filing for bankruptcy is the proper thing to do and will allow you to help protect your family moving forward. Take the following example:

Say you own a small business that relies on you and your intellectual capital and personality alone to generate income. It is no doubt mentally and emotionally challenging to manage just the administrative side of your firm, let alone the necessity to invest your skill and training into the non-administrative side of your firm. After hacking away at it for five years you decide it is best to move on and you get a job elsewhere. You have to unwind your business but find out in the process that you signed a contract for health insurance that lowered your premiums significantly. It is only two years into a five-year contract. Should you keep paying on the contract?

Should you be saddled with paying those bills, for employees who no longer even work for you and who will not benefit from the insurance policy? Not many people would argue that bankruptcy is inappropriate to discharge all of the personal guarantees that you signed during your stewardship of your small business. Perhaps you earn your income solely as a result of commissions, such as a car salesperson or real estate agent and you had to take medical leave and were unable to collect disability. During that time your mortgage and car payment went into default status but now you are back at work and earning good money and want to get current. Bankruptcy can help in all of these situations and more. No doubt, bankruptcy does much good for literally millions of law abiding, financially responsible individuals.

Bankruptcy Basics

It may also help to explain to your loved ones the basics of bankruptcy. In every bankruptcy case there are at least four different players.     

1. You – the debtor and your attorney. Your role is to be honest and forthcoming in your bankruptcy petition. Your attorney is there to marshal these facts in a specified manner to  enable you to receive a discharge under the bankruptcy code.
2. The Trustee – the Trustee administers the bankruptcy case to make sure it complies with the Bankruptcy Code and determines possible assets of the estate.   Certainly, creditors can enter an appearance and make sure that their specific voice is heard. The trustee looks at the best interests of the creditors in general and seeks to increase any potential recovery of money to distribute to creditors.
3. The United States Trustee – The UST is distinct from the trustee. The United States Trustee is a branch of the Department of Justice that acts as a passive prosecutor. They receive a copy of all documents filed in your case and may receive recordings of your 341(a) creditor’s hearing. They review each case to help make sure that the bankruptcy laws are complied with and there is no evidence of fraud. If there is any evidence of fraud, the trustee or the Trustee’s Office will investigate and prosecute as appropriate.
4. The Court – the Court reviews everything and resolves any disputes between the parties that they cannot resolve themselves by way of consent. For example, you default on your car loan and they accelerate the payments on it and file a proof of claim claiming they are owed the full amount due and owing on the promissory note, plus attorney’s fees and other incidental costs. You argue that the amount due and owing is not the full accelerated amount and the attorney’s fees are unreasonable and burdensome. Both sides file motions and briefs and both make valid legal arguments based on the law. It is up to the Court to determine which side will prevail and on which issue.         

Think how you will be in a better financial position for you and your family. The law firm of Long & Long has decades of combined experience in bankruptcy, ensuring that clients rights, property and money are protected from creditors and others. Long & Long can be reached at (303) 832-2655.

If you own a small business, you know that there are many considerations and challenges to keeping your business afloat and your revenue flowing into your company. In addition to the necessity to keep the revenue flowing, the small business owner must do their best to keep both their fixed and variable costs low. Bankruptcy is one invaluable tool for the small business owner to help lower high costs by either letting vendors and creditor card companies end their contracts without any threat of legal damages, or, at the very least a specific formula to determine with certainty what those costs will be. At the same time the small business owner may also re-negotiate with existing creditors to help lower their overhead costs.

A Bankruptcy Court sitting in a Chapter 11 case has very broad powers to allow a Chapter 11 business debtor to re-negotiate with utility companies, supply contractors and unions or other labor representatives as well many, many other individuals or entities. Chapter 11 business cases are for the business owner who wants to keep their business going and has a realistic chance to do so if certain costs are renegotiated and other legal objections are met. It is important to note, however, that Chapter 11 cases are complicated, expensive,  and require a heightened level of attention. It is critical that before filing for relief under Chapter 11 of the Bankruptcy Code you have a detailed discussion with your experienced bankruptcy attorney regarding your current state of affairs as well as your realistic goals for your small business in the near, intermediate, and long-term future. These discussions will inform your attorney as to whether it is better to negotiate a pre-packaged Chapter 11 case with your creditors and then file or whether it is better to file for relief under Chapter 11 and file for various protective Orders on the first day at the inception of your case.

Chapter 13

Yes, Chapter 13 has an important place in small business bankruptcy discussions. If you run your own business, you are almost certain to have personal liability on business debt. There are often numerous guarantees and business credit cards that you signed incurring liability in your personal capacity as well as your capacity as the owner of your small business, perhaps even using personal property or your home as collateral. Chapter 13 can allow you to keep your business and collateral as you pay an affordable plan payment to creditors. To be sure, your business cannot file for bankruptcy under Chapter 13 of the Bankruptcy Code. If you file for relief under Chapter 13 of the Bankruptcy Code you must be an individual.

Chapter 7

Chapter seven of the Bankruptcy Code allows for a business to file for relief under Chapter 7 to liquidate the business. Once again, the small business owner likely has personal liability on business debts. In many cases, the business owner can file a Chapter 7 personal bankruptcy to eliminate his personal liability and keep his business. Why? because in Colorado you have a $60,000 tools of trade exemption which allows you to keep your business truck and tools so you can continue you livelihood. In most small businesses the value lies in your education and experience. Plumbers, welders, electricians, and all manner of skilled craftsmen as well as lawyers, accountants and architects certainly fall within the ambit of this discussion. You can always reopen a new business doing the same thing whenever you need to as there is no prohibition against doing so.

The law firm of Long & Long have decades of combined experience in bankruptcy helping individuals in Denver, Centennial, Castle Rock, and the metro area. Long & Long, P.C has the know how to represent any type of client, whether debtor or creditor, in any type of bankruptcy proceeding, including Chapter 13,  and Chapter 7. Long & Long can be reached at (303) 832-2655.