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?

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/

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. 

/bankruptcy-blog/top-tips-for-handling-debt-collectors-in-colorado

/bankruptcy-blog/understanding-the-colorado-fair-debt-collection-practices-act

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!

First- Discuss It With Your Bankruptcy Attorney

If you are concerned about what the other spouse’s reaction may be, the best course of action is to make an appointment with an experienced bankruptcy attorney. Come prepared with a list of debts and total debt. Tally the monthly minimum payments necessary to keep a creditor from filing a lawsuit. Separate the debts into
three categories. One category is the debts one spouse is solely liable. One category is the debts the other spouse is solely liable. The third category is the debts the spouses are jointly liable on. List the assets in three categories. One for assets solely owned by one spouse. One for assets solely owned by the other spouse.

How do you know if you are jointly liable? When it comes to credit cards it is often difficult to determine if the spouses are jointly liable. Both spouses are cardholders but only one spouse may be contractually liable. Generally, people do not have copies of the cardholder agreement. If not, look at the credit reports for each spouse. If a spouse is contractually liable the credit card debt should be on the credit report. If a spouse is not contractually liable, the credit card debt should not be listed on the credit report. For a free credit report go to www.annualcreditreport.com. For medical bills, in Colorado, both spouses are usually jointly liable for the debt under the Family Purpose Doctrine.

Second- Determine If Only One Spouse Needs to File Bankruptcy

In many cases, if a spouse has little separate and joint debt the spouse can avoid filing bankruptcy. In that case the non-filing spouse will be eager for the other spouse to file bankruptcy in order to better their financial future.

Third- Discuss It With Both Your Spouse And Your Bankruptcy Attorney

Once you have determined whether both spouses or just one spouse should file bankruptcy, then a consultation with both spouses and their bankruptcy attorney is advisable. At that time the bankruptcy attorney will analyze your options, Chapter 7 or Chapter 13, or debt settlement. The bankruptcy attorney will recommend the option that is in your best financial interest. Then, both spouses will agree on the best way forward for them and their family.

I often tell clients to look three to five years into the future. Is it better to get rid of debt now and start saving for the future, or continue to pay on the old debt for the next three to five years, with no savings?

Martin Long LONG & LONG

www.denverbankruptcylawyer.net.

Debtor Protection Under the Automatic Stay

Once the bankruptcy case is filed an automatic stay under 11 U.S.C. §362 goes into effect. The result of the filing is that creditors and other entities are prevented from:

• Commencing or continuing judicial and administrative proceedings against the debtor that was or could have been commenced before the case was filed.
• Enforcing a judgment against the debtor or property of the estate.
• Acting to obtain possession of, or control of, property of the estate.
• Creating, perfecting, or enforcing any lien against the property of the estate.
• Creating, perfecting, or enforcing any lien against the property of the debtor to the extent the lien secures a claim that arose before the commencement of the bankruptcy case.
• Acting to collect or recover a claim against the debtor that arose before the commencement of the bankruptcy case.
• Setting off any debt owing to the debtor that arose before the commencement of the bankruptcy case with a claim against the debtor.
• Commencing or continuing a proceeding against the debtor before the United States Tax Court under specific circumstances.

These are very broad protections for the debtor in the debtor’s quest for a fresh start. Most important to debtors is it stops lawsuits, wage garnishments, bank garnishments, auto repossessions, most evictions, and home foreclosures. Violation of the automatic stay may result in contempt of court proceedings. However, there are exceptions to the automatic stay.

Exceptions to the Automatic Stay

The filing of a bankruptcy case does not operate as an automatic stay in the case of:

• Criminal proceedings against the debtor.
• Commencing or continuing paternity actions, modifying domestic support obligations, child custody or visitation actions, domestic violence actions, and divorce proceedings (except to the extent the divorce proceeding seeks to determine the division of property of the bankruptcy estate).
• Collecting a domestic support obligation from property that is not the property of the bankruptcy estate.
• Garnishments for domestic support obligations.
• Suspending or restricting driver’s licenses, professional and occupational licenses.
• Under specific sections of the Social Security Act, reporting overdue domestic support to a credit reporting agency, intercepting a tax refund, or enforcing a medical obligation.

Other exceptions too numerous for this article also apply. For a creditor to obtain relief from the automatic stay they usually must file a motion for relief from the automatic stay. This allows the Court and parties in interest an opportunity to analyze the appropriateness of the proposed relief.

If you have questions on how the automatic stay may affect you or your business, have them reviewed by an experienced bankruptcy attorney and former trustee for the U.S. Bankruptcy Court. Call or contact Martin Long at LONG & LONGnow at 303-832-2655, or www.denverbankruptcylawyer.net.

LONG & LONG