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        <title><![CDATA[Bankruptcy - Long & Long]]></title>
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        <lastBuildDate>Thu, 11 Jun 2026 22:11:39 GMT</lastBuildDate>
        
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            <item>
                <title><![CDATA[5 Steps to Take Before Filing Bankruptcy in Colorado]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/5-steps-to-take-before-filing-bankruptcy-in-colorado/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/5-steps-to-take-before-filing-bankruptcy-in-colorado/</guid>
                <dc:creator><![CDATA[Long & Long]]></dc:creator>
                <pubDate>Thu, 11 Jun 2026 22:11:37 GMT</pubDate>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 13 Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[chapter 13]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Denver Bankruptcy Attorney]]></category>
                
                
                
                    <media:thumbnail url="https://denverbankruptcylawyer-net.justia.site/wp-content/uploads/sites/767/2024/03/d0_Depositphotos_134155554_s-2015-1920w.jpg" />
                
                <description><![CDATA[<p>What every Colorado resident should do before walking into a bankruptcy courthouse — from a former U.S. Bankruptcy Trustee.</p>
]]></description>
                <content:encoded><![CDATA[
<p>Free Consultation — Call <a href="tel:+13038322655">(303) 832-2655</a> &nbsp;|&nbsp; Long & Long PC &nbsp;|&nbsp; Centennial, Colorado</p>



<p>Denver Bankruptcy Law Blog &nbsp;·&nbsp; Long & Long PC</p>



<h2 class="wp-block-heading" id="h-5-steps-to-take-before-filing-bankruptcy-in-colorado">5 Steps to Take Before Filing Bankruptcy in Colorado</h2>



<p>What every Colorado resident should do before walking into a bankruptcy courthouse — from a former U.S. Bankruptcy Trustee.</p>



<p>By Martin E. Long, Esq. June 2026     8-minute read</p>



<p>If you are struggling with debt in Colorado — whether it is credit card balances, medical bills, a threatened foreclosure, or wage garnishments — bankruptcy may be the fresh start you need. But filing too quickly, or without preparation, can cost you property you could have protected, create problems that follow you for years, or result in a case that gets dismissed entirely.</p>



<p>Before you file, there are five steps every Colorado debtor should take. As a former Trustee for the U.S. Bankruptcy Court, I have seen thousands of cases from both sides of the table. The people who navigate bankruptcy most successfully — keeping the most property, discharging the most debt, and emerging financially stronger — are almost always the ones who prepared before they filed.</p>



<p><strong>Why This Matters:</strong> Attorney Martin E. Long of Long & Long PC served as a U.S. Bankruptcy Trustee before representing debtors. That means he has personally examined debtors under oath, evaluated their assets, and identified problems in filings. That insider perspective directly benefits Long & Long’s clients throughout Colorado.</p>



<p>Here are the five steps you should take before filing bankruptcy in Colorado.</p>



<hr class="wp-block-separator has-alpha-channel-opacity" />



<p></p>



<h2 class="wp-block-heading" id="h-get-a-complete-picture-of-your-financial-situation">Get a Complete Picture of Your Financial Situation</h2>



<p>Before you can make any intelligent decision about bankruptcy — or any alternative — you need a clear and honest accounting of where you stand financially. This means gathering documentation on three fronts:</p>



<ul class="wp-block-list">
<li><strong>Your debts.</strong> Pull a current credit report (free at www.AnnualCreditReport.com) and list every creditor, balance, and whether the debt is secured or unsecured. Do not rely on memory — there are likely debts on your credit report you have forgotten about.</li>



<li><strong>Your assets.</strong> List everything you own and its current fair market value: real estate, vehicles, bank accounts, retirement accounts, personal property, business interests, and expected tax refunds. Be thorough — a bankruptcy trustee will be.</li>



<li><strong>Your income and expenses.</strong> Gather your last six months of pay stubs or income records, and document your actual monthly expenses. This determines whether you qualify for Chapter 7 under the means test, and what your Chapter 13 plan payment would be.</li>
</ul>



<p></p>



<p></p>



<h2 class="wp-block-heading" id="h-explore-non-bankruptcy-alternatives-first">Explore Non-Bankruptcy Alternatives First</h2>



<p>Bankruptcy is a powerful tool, but it is not the only tool. Before filing, you should honestly evaluate whether any of the following alternatives would resolve your debt problem with less disruption to your credit, your assets, and your life:</p>



<ul class="wp-block-list">
<li><strong>Negotiating directly with creditors.</strong> Many creditors — particularly credit card companies and medical providers — will negotiate reduced payoffs, waived interest, or payment plans.solvent.</li>



<li><strong>Debt consolidation.</strong> Consolidating high-interest debt into a lower-rate loan can make repayment feasible if your debt load is manageable relative to your income.</li>



<li><strong>Workout agreements.</strong> An experienced bankruptcy attorney can negotiate directly with your creditors on your behalf to restructure payment terms outside of court.</li>
</ul>



<p></p>



<p>One critical caution: forgiven debt outside of bankruptcy is generally treated as <em>taxable income</em> by the IRS. If a creditor settles a $50,000 debt for $20,000, you may owe income tax on the $30,000 difference. Debt discharged in bankruptcy is <em>not</em> taxable. That distinction can significantly affect which path makes financial sense for you.</p>



<p><strong>Important</strong> Not every financial crisis requires bankruptcy. But not every creditor negotiates in good faith, either. An attorney who handles both bankruptcy and creditor negotiations can tell you honestly which path is likely to produce the better outcome in your specific situation.</p>



<p></p>



<h2 class="wp-block-heading" id="h-understand-colorado-s-bankruptcy-exemptions-before-you-do-anything-else">Understand Colorado’s Bankruptcy Exemptions — Before You Do Anything Else</h2>



<p>This step is critical, and it is the one that trips up people who file without counsel. Colorado’s exemption laws determine what property you get to <em>keep</em> when you file bankruptcy. If you have non-exempt equity, a Chapter 7 trustee can liquidate that asset to pay your creditors.</p>



<p>Key Colorado exemptions (as of 2026) include:</p>



<ul class="wp-block-list">
<li><strong>Homestead:</strong> Up to $250,000 in home equity ($350,000 if you are 60 or older, or disabled) — but only if the property is your primary residence.</li>



<li><strong>Motor vehicle:</strong> Up to $15,000 in vehicle equity ($25,000 if you are elderly or disabled).</li>



<li><strong>Retirement accounts:</strong> Funds in ERISA-qualified retirement plans (401(k), IRA, pension) are generally fully exempt under federal law and Colorado law.</li>



<li><strong>Personal property:</strong> Colorado provides exemptions for household goods, clothing, jewelry, and tools of the trade, each with specific dollar caps.</li>



<li><strong>Wages:</strong> Colorado provides a wage exemption for a portion of earned but unpaid wages.</li>
</ul>



<p>Why does this matter <em>before</em> filing? Because certain actions taken in the months before a bankruptcy filing — transferring assets to family members, paying back relatives, paying down secured debt with cash — can be unwound by the trustee as fraudulent or preferential transfers. Knowing the exemption landscape in advance helps you avoid inadvertently creating problems in your case.</p>



<p><strong>Former Trustee Perspective</strong> As a former U.S. Bankruptcy Trustee, Martin Long knows exactly what trustees look for when they examine a debtor’s assets and recent financial history. That experience is invaluable in structuring a filing that protects everything the law allows you to keep.</p>



<p></p>



<h2 class="wp-block-heading" id="h-determine-whether-chapter-7-or-chapter-13-is-right-for-you">Determine Whether Chapter 7 or Chapter 13 Is Right for You</h2>



<p>Not all bankruptcies are the same. The two most common options for individuals in Colorado are Chapter 7 and Chapter 13, and they serve very different purposes:</p>



<ul class="wp-block-list">
<li><strong>Chapter 7 — Liquidation:</strong> A relatively quick process (typically 3–6 months) that discharges most unsecured debts. To qualify, your income must fall below Colorado’s median income level for your household size, or you must pass the Means Test. If you have significant non-exempt assets, a Chapter 7 trustee may liquidate them to pay creditors.</li>



<li><strong>Chapter 13 — Reorganization:</strong> A 3–5 year repayment plan that allows you to catch up on mortgage arrears and keep your home, strip off junior mortgage liens in certain circumstances, repay non-dischargeable debts (like certain taxes), and protect non-exempt assets you wish to keep. </li>
</ul>



<p>The right chapter depends on your income, your assets, the types of debt you carry, and your goals — particularly whether saving your home is a priority. In some cases, a joint filing by both spouses makes sense; in others, only one spouse should file.</p>



<p><strong>Colorado Median Income (2026)</strong> The means test threshold changes periodically. Your attorney should run current figures from the U.S. Trustee’s Office to determine Chapter 7 eligibility. Do not rely on outdated numbers you find online.</p>



<p></p>



<h2 class="wp-block-heading" id="h-consult-a-qualified-colorado-bankruptcy-attorney-before-you-file">Consult a Qualified Colorado Bankruptcy Attorney — Before You File</h2>



<p>This is not a self-serving recommendation — it is the most practically important step on this list. The U.S. Bankruptcy Code is one of the most complex areas of federal law, and the consequences of mistakes can be severe: loss of property you could have protected, denial of your discharge, dismissal of your case, or even criminal prosecution for fraud if documents are filed carelessly.</p>



<p>Here is what a qualified Colorado bankruptcy attorney can do for you that you cannot do for yourself:</p>



<ul class="wp-block-list">
<li>Run a current means test calculation to confirm Chapter 7 eligibility or determine Chapter 13 plan length.</li>



<li>Identify every exemption available to you under Colorado and federal law, and structure your filing to maximize their protection.</li>



<li>Review your recent financial transactions for potential trustee challenges (preferential payments, fraudulent transfers).</li>



<li>Advise on the timing of your filing — sometimes waiting 60–90 days can dramatically improve your case outcome.</li>



<li>Prepare and file accurate, complete schedules that withstand trustee scrutiny at your 341 meeting of creditors.</li>



<li>Represent you at hearings and handle creditor objections.</li>
</ul>



<p>Federal law also requires you to complete an approved <strong>credit counseling course</strong> within 180 days before filing — and a <strong>debtor education course</strong> before receiving your discharge. Your attorney can point you to approved providers.</p>



<p><strong>Why “Former Trustee” Experience Matters</strong> Bankruptcy trustees question debtors under oath. They review every schedule, every asset, every recent transaction. Attorney Martin Long has conducted thousands of these examinations. When he prepares a filing, he prepares it knowing exactly what a trustee will look for — and how to ensure everything is properly disclosed and protected.</p>



<hr class="wp-block-separator has-alpha-channel-opacity" />



<h2 class="wp-block-heading" id="h-the-bottom-line-preparation-is-protection">The Bottom Line: Preparation Is Protection</h2>



<p>Bankruptcy is a federal legal proceeding with real stakes. Every schedule you file is signed under penalty of perjury. Every asset the trustee finds that you failed to disclose creates potential liability. And every exemption you fail to claim is a dollar left on the table.</p>



<p>The five steps above — taking stock of your finances, exploring alternatives, understanding exemptions, choosing the right chapter, and consulting qualified counsel — are not bureaucratic formalities. They are the difference between a bankruptcy that gives you a genuine fresh start and one that leaves you worse off than before.</p>



<p>At Long & Long PC, our consultations are free. We represent clients throughout Colorado including Denver, Aurora, Lakewood, Arvada, Littleton, Castle Rock, Centennial, Parker, Fort Collins, and Colorado Springs. Call us at <a href="tel:+13038322655">(303) 832-2655</a> to speak with a Colorado bankruptcy attorney who has seen the process from every angle.</p>



<h2 class="wp-block-heading" id="h-frequently-asked-questions">Frequently Asked Questions</h2>



<p>What should I do before filing bankruptcy in Colorado?</p>



<p>Before filing, you should assess your complete financial picture, explore non-bankruptcy alternatives, understand Colorado’s exemption laws, determine which chapter is right for you, and consult a qualified Colorado bankruptcy attorney. Taking these steps before filing can protect more of your assets and improve your case outcome.</p>



<p>Can I keep my house if I file bankruptcy in Colorado?</p>



<p>Yes, in most cases. Colorado’s homestead exemption protects up to $250,000 in home equity ($350,000 for those 60 or older, or disabled). In a Chapter 13 case, you can also cure mortgage arrears over the life of your plan and keep your home even if you are behind on payments.</p>



<p>Do I have to take a credit counseling course before filing bankruptcy?</p>



<p>Yes. Federal law requires all bankruptcy filers to complete an approved credit counseling course within 180 days before filing and to file a certificate of completion with the court. A second debtor education course is required before your discharge is entered.</p>



<p>How long does bankruptcy take in Colorado?</p>



<p>A Chapter 7 case typically takes 3 to 6 months from filing to discharge. A Chapter 13 case involves a 3-to-5-year repayment plan, after which remaining eligible debts are discharged.</p>



<p>Will I lose my retirement account if I file bankruptcy in Colorado?</p>



<p>Generally, no. ERISA-qualified retirement accounts — including 401(k) plans, IRAs, pensions, and similar accounts — are fully exempt in bankruptcy under both federal and Colorado law. Retirement savings are one of the most protected categories of assets in a bankruptcy case.</p>



<h2 class="wp-block-heading" id="h-ready-to-talk-your-consultation-is-free">Ready to Talk? Your Consultation Is Free.</h2>



<p>Speak directly with a former U.S. Bankruptcy Trustee — at no cost and no obligation. We serve clients throughout Colorado, with extended hours and weekend availability.</p>



<p><a href="tel:+13038322655">(303) 832-2655</a><a href="https://www.denverbankruptcylawyer.net/contact-us/">Request a Consultation</a></p>



<p>Long & Long PC &nbsp;·&nbsp; Centennial, Colorado &nbsp;·&nbsp; Serving Denver, Aurora, Lakewood, Arvada, Littleton, Castle Rock, Parker, Fort Collins & Colorado Springs</p>



<p><strong>Legal Disclaimer:</strong> This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every bankruptcy case is unique. Please consult a qualified Colorado bankruptcy attorney regarding your specific circumstances. Long & Long PC &nbsp;·&nbsp; <a href="https://www.denverbankruptcylawyer.net">www.denverbankruptcylawyer.net</a></p>
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                <title><![CDATA[Denver Bankruptcy Attorney Near Me: Your Guide to Financial Relief]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/denver-bankruptcy-attorney-near-me-your-guide-to-financial-relief/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/denver-bankruptcy-attorney-near-me-your-guide-to-financial-relief/</guid>
                <dc:creator><![CDATA[Long & Long]]></dc:creator>
                <pubDate>Mon, 14 Jul 2025 16:03:14 GMT</pubDate>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 13 Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Debt]]></category>
                
                    <category><![CDATA[Debt Relief]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[chapter 13]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Colorado]]></category>
                
                    <category><![CDATA[Denver Bankruptcy Attorney]]></category>
                
                
                
                    <media:thumbnail url="https://denverbankruptcylawyer-net.justia.site/wp-content/uploads/sites/767/2024/03/48_Depositphotos_71124287_m-2015-1920w.jpg" />
                
                <description><![CDATA[<p>Are you struggling with overwhelming debt in Denver, Colorado? Searching for a “Denver bankruptcy attorney near me” can be the first step toward regaining control of your financial future. Bankruptcy offers a legal path to relieve the burden of unmanageable debts, stop creditor harassment, and protect your assets. At Long & Long, our experienced bankruptcy&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Are you struggling with overwhelming debt in Denver, Colorado? Searching for a “Denver bankruptcy attorney near me” can be the first step toward regaining control of your financial future. Bankruptcy offers a legal path to relieve the burden of unmanageable debts, stop creditor harassment, and protect your assets. At Long & Long, our experienced bankruptcy attorney is a former Trustee for the U. S. Bankruptcy Court and our bankruptcy attorneys are here to guide you through Chapter 7 and Chapter 13 bankruptcy processes with compassion and expertise. This guide explores how a local front range and Denver bankruptcy lawyer can help you achieve a fresh financial start.</p>



<h2 class="wp-block-heading" id="h-why-choose-a-denver-bankruptcy-attorney">Why Choose a Denver Bankruptcy Attorney?</h2>



<p>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:</p>



<ul class="wp-block-list">
<li><strong>Unmatched</strong> <strong>Local Expertise</strong>: 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. </li>



<li><strong>Personalized Service</strong>: 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.</li>



<li><strong>Comprehensive Support</strong>: From initial consultations to post-bankruptcy credit repair advice, we help you navigate every step, including the mandatory pre- and post-bankruptcy counseling courses.<a href="https://www.denverbankruptcylawyer.net/"></a></li>
</ul>



<h2 class="wp-block-heading" id="h-understanding-chapter-7-and-chapter-13-bankruptcy">Understanding Chapter 7 and Chapter 13 Bankruptcy</h2>



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



<h3 class="wp-block-heading" id="h-chapter-7-bankruptcy-a-fresh-start">Chapter 7 Bankruptcy: A Fresh Start</h3>



<p>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.<a href="https://www.winklawfirm.com/bankruptcy/"></a></p>



<ul class="wp-block-list">
<li><strong>Benefits</strong>: Discharges most unsecured debts, stops wage garnishments, and halts creditor harassment through an automatic stay.</li>



<li><strong>Process</strong>: 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.<a href="https://www.cmcurtislaw.com/bankruptcy/"></a></li>



<li><strong>Timeline</strong>: 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.<a href="https://www.denverbankruptcylawyer.net/"></a></li>
</ul>



<h3 class="wp-block-heading" id="h-chapter-13-bankruptcy-reorganization-for-stability">Chapter 13 Bankruptcy: Reorganization for Stability</h3>



<p>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.<a href="https://www.davidserafinlaw.com/"></a></p>



<ul class="wp-block-list">
<li><strong>Benefits</strong>: Prevents foreclosure, allows you to “strip off” second mortgages, and restructures debts into manageable payments.</li>



<li><strong>Process</strong>: You submit payments to a trustee, who distributes them to creditors based on priority. Our attorneys ensure your repayment plan is feasible and compliant.<a href="https://www.davidserafinlaw.com/"></a></li>



<li><strong>Who Qualifies</strong>: 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.</li>
</ul>



<h2 class="wp-block-heading" id="h-why-long-amp-long-p-c-stands-out">Why Long & Long Stands Out</h2>



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



<ul class="wp-block-list">
<li><strong>Experience</strong>: Attorney Martin E. Long, a former U.S. Bankruptcy Court Trustee, has conducted thousands of bankruptcy cases, offering unmatched insight into the process.<a href="https://www.denverbankruptcylawyer.net/"></a></li>



<li><strong>Affordability</strong>: We offer free consultations, affordable fees (Chapter 7: $1,700-$3,000+; Chapter 13: $4,500+), and flexible payment plans to ease financial strain.</li>



<li><strong>Client-Centered Approach</strong>: 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.<a href="https://www.denverbankruptcylawyer.net/"></a></li>



<li><strong>Convenient Location</strong>: 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.</li>
</ul>



<h2 class="wp-block-heading" id="h-common-reasons-to-file-for-bankruptcy-in-denver">Common Reasons to File for Bankruptcy in Denver</h2>



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



<ul class="wp-block-list">
<li><strong>Medical Bills</strong>: Unexpected healthcare costs are a leading cause of bankruptcy, even for insured individuals.<a href="https://lawyers.findlaw.com/bankruptcy-law/colorado/denver/"></a></li>



<li><strong>Job Loss or Income Disruption</strong>: Unemployment or reduced income can make it impossible to keep up with debt payments.<a href="https://www.bankruptcyattorneydenver.us/"></a></li>



<li><strong>Credit Card Debt</strong>: High-interest credit card balances can spiral out of control during financial hardship.<a href="https://www.davidserafinlaw.com/"></a></li>



<li><strong>Foreclosure or Wage Garnishment</strong>: Bankruptcy’s automatic stay can halt foreclosure and garnishment, giving you time to regroup.<a href="https://www.cmcurtislaw.com/bankruptcy/"></a></li>
</ul>



<h2 class="wp-block-heading" id="h-what-to-expect-when-working-with-long-amp-long-p-c">What to Expect When Working with Long & Long</h2>



<ol class="wp-block-list">
<li><strong>Free Consultation</strong>: Schedule a no-obligation consultation by calling (303) 832-2655 or visiting <a href="http://www.denverbankruptcylawyer.net/">www.denverbankruptcylawyer.net</a>. Bring details of your debts, income, and expenses for a thorough evaluation.<a href="https://www.denverbankruptcylawyer.net/"></a></li>



<li><strong>Document Preparation</strong>: 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.</li>



<li><strong>Counseling Courses</strong>: Complete the required pre- and post-bankruptcy counseling courses (about 1.5 hours each, at a nominal cost) to meet court requirements.</li>



<li><strong>Filing and Representation</strong>: We handle all paperwork and strategies and represent you at the Meeting of Creditors, ensuring a smooth process.</li>



<li><strong>Post-Bankruptcy Support</strong>: We offer guidance on rebuilding your credit, helping you achieve a 700+ credit score within 24 months.<a href="https://www.winklawfirm.com/bankruptcy/"></a></li>
</ol>



<h2 class="wp-block-heading" id="h-debts-that-cannot-be-discharged">Debts That Cannot Be Discharged</h2>



<p>Not all debts are dischargeable in bankruptcy. These include:</p>



<ul class="wp-block-list">
<li>Child support and alimony</li>



<li>Most student loans</li>



<li>Certain taxes</li>



<li>Criminal fines or restitution<a href="https://attorneys.superlawyers.com/bankruptcy/colorado/denver/"></a></li>
</ul>



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



<h2 class="wp-block-heading" id="h-take-the-first-step-toward-financial-freedom">Take the First Step Toward Financial Freedom</h2>



<p>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 <a href="http://www.denverbankruptcylawyer.net/">www.denverbankruptcylawyer.net</a> to schedule your free consultation today. Also check out our posts at: Here’s your clickable website link:</p>



<p>👉 <a href="/bankruptcy-blog/getting-credit-cards-after-filing-for-bankruptcy/">Getting Credit Cards After Filing for Bankruptcy</a></p>



<p>👉 <a href="/bankruptcy-blog/what-is-bankruptcy-a-complete-guide-to-understanding-your-options/">What is Bankruptcy? A Complete Guide to Understanding Your Options</a> </p>



<p><em>Disclaimer</em>: The information provided is for general purposes only and does not constitute legal advice.</p>



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<p></p>



<p></p>



<p></p>



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                <title><![CDATA[THE MEANS TEST FOR CHAPTER 7]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/the-means-test-for-chapter-7/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/the-means-test-for-chapter-7/</guid>
                <dc:creator><![CDATA[Long & Long]]></dc:creator>
                <pubDate>Mon, 28 Oct 2024 17:42:05 GMT</pubDate>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Debt]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Denver Bankruptcy Attorney]]></category>
                
                
                
                    <media:thumbnail url="https://denverbankruptcylawyer-net.justia.site/wp-content/uploads/sites/767/2024/03/08_Depositphotos_79575134_s-2015-1920w.jpg" />
                
                <description><![CDATA[<p>The Means Test Requirement for Chapter 7 Bankruptcy This &nbsp;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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<h2 class="wp-block-heading" id="h-the-means-test-requirement-for-chapter-7-bankruptcy"><strong>The Means Test Requirement for Chapter 7 Bankruptcy</strong></h2>



<p>This &nbsp;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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<h2 class="wp-block-heading" id="h-helping-you-regain-financial-health"><strong>Helping You Regain Financial Health</strong></h2>



<p>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. </p>



<h2 class="wp-block-heading" id="h-experiencing-the-difficulties-of-debt-ends-now"><strong>Experiencing the difficulties of debt ends now.</strong></h2>



<p>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:</p>



<p><a href="/bankruptcy-blog/colorado-bankruptcy-means-test-frequently-asked-questions/">Colorado Bankruptcy Means Test: Frequently Asked Questions</a></p>



<p></p>


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<blockquote class="wp-embedded-content" data-secret="tdPqhEarTs"><a href="/bankruptcy-blog/how-does-bankruptcy-work-a-step-by-step-guide-to-debt-relief/">How Does Bankruptcy Work? A Step-by-Step Guide to Debt Relief</a></blockquote><iframe loading="lazy" class="wp-embedded-content" sandbox="allow-scripts" security="restricted" style="position: absolute; visibility: hidden;" title="“How Does Bankruptcy Work? A Step-by-Step Guide to Debt Relief” — Long & Long" src="/bankruptcy-blog/how-does-bankruptcy-work-a-step-by-step-guide-to-debt-relief/embed/#?secret=HVRORDXF4B#?secret=tdPqhEarTs" data-secret="tdPqhEarTs" width="500" height="282" frameborder="0" marginwidth="0" marginheight="0" scrolling="no"></iframe>
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                <title><![CDATA[THE IMPACT OF BANKRUPTCY ON CREDIT SCORE]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/impact-of-bankruptcy-on-credit-score/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/impact-of-bankruptcy-on-credit-score/</guid>
                <dc:creator><![CDATA[Long & Long]]></dc:creator>
                <pubDate>Fri, 18 Oct 2024 21:44:45 GMT</pubDate>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 13 Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[CREDIT SCORE]]></category>
                
                
                
                    <media:thumbnail url="https://denverbankruptcylawyer-net.justia.site/wp-content/uploads/sites/767/2024/10/misc_200477017-1920w.jpeg" />
                
                <description><![CDATA[<p>The Impact of Bankruptcy on Your Credit Score 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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>The Impact of Bankruptcy on Your Credit Score</p>



<p>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.</p>



<p>Immediate Impact on Credit Score</p>



<p>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. &nbsp;</p>



<p>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.</p>



<p>Rebuilding Your Credit Score After Bankruptcy</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>Conclusion</p>



<p>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.</p>



<p>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.</p>
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                <title><![CDATA[How to Talk to Your Spouse About Bankruptcy]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/how-to-talk-to-your-spouse-about-bankruptcy/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/how-to-talk-to-your-spouse-about-bankruptcy/</guid>
                <dc:creator><![CDATA[Long & Long Team]]></dc:creator>
                <pubDate>Fri, 20 Aug 2021 01:25:00 GMT</pubDate>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 13 Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Debt Relief]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[chapter 13]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                
                
                    <media:thumbnail url="https://denverbankruptcylawyer-net.justia.site/wp-content/uploads/sites/767/2024/03/e4_Depositphotos_6652357_s-2015-c5521e55-1920w.jpg" />
                
                <description><![CDATA[<p>It is not unusual that the spouse of a financially distressed person is unaware of the financial difficulty of the other spouse. Reasons may include one spouse controls the finances, one spouse runs a small business, or the couple keep their financial affairs separate. So, the question often arises how to talk to your spouse&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>It is not unusual that the spouse of a financially distressed person is unaware of the financial difficulty of the other spouse. Reasons may include one spouse controls the finances, one spouse runs a small business, or the couple keep their financial affairs separate. So, the question often arises how to talk to your spouse about a possible bankruptcy filing.  </p>



<h2 class="wp-block-heading" id="h-first-discuss-it-with-your-bankruptcy-attorney">First- Discuss It With Your Bankruptcy Attorney</h2>



<p>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<br>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.</p>



<p>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 <a id="1385162685" href="http://www.annualcreditreport.com/" target="_blank" rel="noopener noreferrer">www.annualcreditreport.com</a>. For medical bills, in Colorado, both spouses are usually jointly liable for the debt under the Family Purpose Doctrine.  </p>



<h2 class="wp-block-heading" id="h-second-determine-if-only-one-spouse-needs-to-file-bankruptcy">Second- Determine If Only One Spouse Needs to File Bankruptcy</h2>



<p>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.  </p>



<h2 class="wp-block-heading" id="h-third-discuss-it-with-both-your-spouse-and-your-bankruptcy-attorney">Third- Discuss It With Both Your Spouse And Your Bankruptcy Attorney</h2>



<p>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.  </p>



<p>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?  </p>



<p>Martin Long LONG & LONG</p>



<h4 class="wp-block-heading" id="h-www-denverbankruptcylawyer-net"><a id="1952979587" href="http://www.denverbankruptcylawyer.net" target="_blank" rel="noopener noreferrer">www.denverbankruptcylawyer.net</a>.</h4>
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                <title><![CDATA[The Bankruptcy Automatic Stay]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/bankruptcy-automatic-stay/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/bankruptcy-automatic-stay/</guid>
                <dc:creator><![CDATA[Long & Long Team]]></dc:creator>
                <pubDate>Tue, 20 Jul 2021 23:42:00 GMT</pubDate>
                
                    <category><![CDATA[Automatic Stay]]></category>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Debt]]></category>
                
                    <category><![CDATA[Debt Relief]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Bankruptcy; Divorce]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[debt collection]]></category>
                
                    <category><![CDATA[Denver Bankruptcy Attorney]]></category>
                
                
                
                    <media:thumbnail url="https://denverbankruptcylawyer-net.justia.site/wp-content/uploads/sites/767/2024/03/08_Depositphotos_79575134_s-2015-1920w.jpg" />
                
                <description><![CDATA[<p>One of the best bankruptcy protections afforded a debtor from his or her creditors is the automatic stay. In what ways does the automatic stay stop creditor actions and when does it not protect the debtor? Debtor Protection Under the Automatic Stay Once the bankruptcy case is filed an automatic stay under 11 U.S.C. §362&hellip;</p>
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                <content:encoded><![CDATA[
<p id="1269273240">One of the best bankruptcy protections afforded a debtor from his or her creditors is the automatic stay. In what ways does the automatic stay stop creditor actions and when does it not protect the debtor?</p>



<h2 class="wp-block-heading" id="h-debtor-protection-under-the-automatic-stay">Debtor Protection Under the Automatic Stay</h2>



<p id="1359646438">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:</p>



<ul class="wp-block-list">
<li>Commencing or continuing judicial and administrative proceedings against the debtor that was or could have been commenced before the case was filed.</li>



<li>Enforcing a judgment against the debtor or property of the estate.</li>



<li>Acting to obtain possession of, or control of, property of the estate.</li>



<li>Creating, perfecting, or enforcing any lien against the property of the estate.</li>



<li>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.</li>



<li>Acting to collect or recover a claim against the debtor that arose before the commencement of the bankruptcy case.</li>



<li>Setting off any debt owing to the debtor that arose before the commencement of the bankruptcy case with a claim against the debtor.</li>



<li>Commencing or continuing a proceeding against the debtor before the United States Tax Court under specific circumstances.</li>
</ul>



<p id="1494374496">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.</p>



<h2 class="wp-block-heading" id="h-exceptions-to-the-automatic-stay">Exceptions to the Automatic Stay</h2>



<p id="1966765045">The filing of a bankruptcy case does not operate as an automatic stay in the case of:</p>



<ul class="wp-block-list">
<li>Criminal proceedings against the debtor.</li>



<li>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).</li>



<li>Collecting a domestic support obligation from property that is not the property of the bankruptcy estate.</li>



<li>Garnishments for domestic support obligations.</li>



<li>Suspending or restricting driver’s licenses, professional and occupational licenses.</li>



<li>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.</li>
</ul>



<p id="1136236172">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.</p>



<p id="1075027942">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 <a href="/" id="1932737964">www.denverbankruptcylawyer.net</a>.</p>



<p id="1536142796">LONG & LONG</p>
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                <title><![CDATA[How to Keep Your Car and Truck in Bankruptcy]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/keep-car-truck-bankruptcy/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/keep-car-truck-bankruptcy/</guid>
                <dc:creator><![CDATA[Long & Long Team]]></dc:creator>
                <pubDate>Fri, 05 Mar 2021 17:44:00 GMT</pubDate>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 13 Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Debt]]></category>
                
                    <category><![CDATA[Debt Relief]]></category>
                
                    <category><![CDATA[Motor Vehicle]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[chapter 13]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Denver Bankruptcy Attorney]]></category>
                
                
                
                <description><![CDATA[<p>The ability to keep your car or truck in bankruptcy is often a major consideration when filing a Chapter 7 or Chapter 13 bankruptcy. A dependable vehicle is often essential to keeping a job or getting the kids to school. Fortunately, in a Chapter 7 bankruptcy, you can almost always keep your car or truck&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p id="1168099886">The ability to keep your car or truck in bankruptcy is often a major consideration when filing a Chapter 7 or Chapter 13 bankruptcy. A dependable vehicle is often essential to keeping a job or getting the kids to school.</p>



<p id="1231726781">Fortunately, in a Chapter 7 bankruptcy, you can almost always keep your car or truck if you are up to date on monthly car payments and the value of the vehicle is within the exemption amount. By contrast, in a Chapter 13 bankruptcy, you can also keep your vehicle even if you are behind in payments. Also, you may be able to get the bankruptcy court to order a reduction in the amount owed.</p>



<h2 class="wp-block-heading" id="h-keeping-your-car-in-a-chapter-7-bankruptcy">Keeping Your Car in a Chapter 7 Bankruptcy</h2>



<p id="1319484668">The first item to consider is how many vehicles you own that you wish to keep. In Colorado, you can exempt up to two vehicles with a $7,500 total exemption. However, if the person or person’s spouse is 60 years of age or older, disabled, or the person’s dependent is disabled, the exemption is increased to a $12,500 total exemption. If filing jointly, the exemptions are doubled. So, if one person is filing bankruptcy and that person has two vehicles, one worth $5,000, and one worth $2,500, then you divide the exemption between the vehicles based on their values and keep them both. Similarly, if you own one vehicle worth $20,000 and owe $12,500 on it, you apply the $7,500 exemption and may keep the vehicle so long as you are current on payments and continue to be so. In many cases, there is no equity in the vehicle. In that case, you merely keep making the payments on the car or truck.</p>



<p id="1335137846">If there is significant equity beyond the vehicle exemption amount, I direct clients to obtain an estimated auction value from a local auctioneer. I then review it before filing for bankruptcy. The auctioneer usually charges 15% of the auction price. I may offer to pay the bankruptcy trustee the amount that may be realized in an auction, less auction costs and loan payoff. Most trustees will accept a reasonable payment plan.</p>



<p id="1355219387">What if you are upside down on a car? In many cases, a debtor can pay the lender the value of the vehicle, and nothing beyond. This is known as redeeming, or redemption of, the vehicle.</p>



<h2 class="wp-block-heading" id="h-keeping-your-car-in-a-chapter-13-bankruptcy">Keeping Your Car in a Chapter 13 Bankruptcy</h2>



<p id="1035869347">In a Chapter 13 bankruptcy, there are even more options available to keep your vehicle. In Chapter 13 you do not have to be current on your car payments at the time you file. So long as the vehicle has not been repossessed, you can take the past due payments, the arrearage, and pay it over time through the Chapter 13 Plan. However, you must also timely pay future monthly payments during the Chapter 13 Plan.</p>



<p id="1064514387">In addition, in Chapter 13 you may be able to reduce the amount owed on a vehicle to its market value and use the Chapter 13 Plan to pay off the vehicle at the reduced amount. This is known as a cramdown. One of the cramdown requirements is the security interest on the vehicle was not incurred within 910 days (about two and a half years) prior to the bankruptcy filing.</p>



<p id="1364254433">Have your financial situation and the myriad ways to keep your car considered by an experienced bankruptcy attorney and former Trustee for the U.S. Bankruptcy Court. Call or contact Martin Long of LONG & LONGnow at 303-832-2655, or <a href="/" id="1129278832">www.denverbankruptcylawyer.net</a>.</p>



<h3 class="wp-block-heading" id="h-long-amp-long-p-c">LONG & LONG</h3>
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                <title><![CDATA[Chapter 12 Bankruptcy for Family Farmers- Part II]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/chapter-12-bankruptcy-for-family-farmers-part-ii/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/chapter-12-bankruptcy-for-family-farmers-part-ii/</guid>
                <dc:creator><![CDATA[Long & Long Team]]></dc:creator>
                <pubDate>Thu, 14 Jan 2021 23:50:00 GMT</pubDate>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[CHAPTER 12-FAMILY FARMER]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Colorado]]></category>
                
                    <category><![CDATA[Denver Bankruptcy Attorney]]></category>
                
                    <category><![CDATA[Family Farmer]]></category>
                
                
                
                <description><![CDATA[<p>Farmers may have an alternative to a Chapter 7 bankruptcy liquidation, Chapter 13 adjustment of debts, or a Chapter 11 reorganization of debts. The alternative is Chapter 12, an adjustment of debt for a family farmer. Qualifications of a Chapter 12 Family Farmer (Non-Individual) Chapter 12 of the Bankruptcy Code includes both family farmers and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p id="1429762124">Farmers may have an alternative to a Chapter 7 bankruptcy liquidation, Chapter 13 adjustment of debts, or a Chapter 11 reorganization of debts. The alternative is Chapter 12, an adjustment of debt for a family farmer.</p>



<h2 class="wp-block-heading" id="h-qualifications-of-a-chapter-12-family-farmer-non-individual">Qualifications of a Chapter 12 Family Farmer (Non-Individual)</h2>



<p id="1342091363">Chapter 12 of the Bankruptcy Code includes both family farmers and family fishermen. In this blog and a previous blog, we are focusing only with qualifying as a family farmer. A “family farmer” with regular annual income may file a Chapter 12. The regular annual income requirement is wide-ranging and is usually met by most farmers. The main income requirement is sufficient income to make the Chapter 12 plan payments.</p>



<p id="1687724779">Also, Chapter 12 is not limited to an individual. Many family farms are owned by a non-individual entity. Partnerships, corporations, and the spouse of an individual may be deemed a family farmer under Chapter 12.There are different eligibility requirements for individuals and spouses, than there are for corporations and partnerships.This article deals with corporations and partnerships. Individuals and spouse eligibility were considered in a past blog. The qualifications are set forth in 11 U.S.C. §101(18)(B).</p>



<h2 class="wp-block-heading" id="h-more-than-fifty-percent-held-by-one-family-that-conducts-the-farming-operation">More Than Fifty Percent Held By One Family That Conducts the Farming Operation</h2>



<p id="1565358987">For a farm corporation or partnership to be eligible for a Chapter 12 bankruptcy more than fifty percent of the ownership must be held by one family, or the relatives of such family, and such family conducts the farm operations. This is consistent with the purpose that it truly be a family operation.</p>



<h2 class="wp-block-heading" id="h-eighty-percent-farm-related-assets">Eighty Percent Farm-Related Assets</h2>



<p id="1317537713">Secondly, <a name="_Hlk61529312" id="1780741493">for a farm corporation or partnership to be eligible for a Chapter 12 bankruptcy</a> more than eighty percent of the value of the assets owned by the entity must be assets related to the farming operation.</p>



<h2 class="wp-block-heading" id="h-no-more-than-10-000-000-in-mostly-farm-debt">No More Than $10,000,000 in Mostly Farm Debt</h2>



<p id="1152355421">Thirdly, for a farm corporation or partnership to be eligible for a Chapter 12 bankruptcy the aggregate debts must not exceed Ten Million Dollars. The debt must be mostly farm debt.This test requires that not less than 50 percent of the farmer’s noncontingent, liquidated debts on the date the case is filed (excluding a debt for one dwelling owned by such partnership or corporation in which a shareholder or partner maintains as the principal residence unless such debt arises out of the farming operation) arise out of a farming operation owned or operated by the corporation or partnership. Therefore, timing the filing date may be critical.</p>



<h2 class="wp-block-heading" id="h-not-a-publicly-traded-stock">Not a Publicly Traded Stock</h2>



<p id="1340004808">Lastly, if a corporation, the stock cannot be publicly traded. Not a difficult requirement for most family farms who are not on the NYSE.</p>



<p id="1687474274">This summarizes the corporation and partnership qualifications. Each case must be carefully analyzed by your bankruptcy attorney. The good news, however, is that Congress has carved out special bankruptcy relief to qualifying farmers.</p>



<p id="1596362725">Why not have your financial situation considered 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 <a href="/" id="1475130701">www.denverbankruptcylawyer.net</a>.</p>



<p id="1702895087">LONG & LONG</p>
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                <title><![CDATA[Chapter 12 Bankruptcy for Family Farmers]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/chapter-12-bankruptcy-for-family-farmers/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/chapter-12-bankruptcy-for-family-farmers/</guid>
                <dc:creator><![CDATA[Long & Long Team]]></dc:creator>
                <pubDate>Thu, 10 Dec 2020 00:10:00 GMT</pubDate>
                
                    <category><![CDATA[CHAPTER 12-FAMILY FARMER]]></category>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[chapter 13]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Denver Bankruptcy Attorney]]></category>
                
                
                
                <description><![CDATA[<p>Are you a farmer? If so, you may have the alternative to choose a Chapter 12 Bankruptcy for family farmers, instead of a Chapter 7, 11, or 13. A Chapter 12 generally allows the farmer to remain in possession and control of the farming operation. Who Qualifies as a Chapter 12 Family Farmer? Chapter 12&hellip;</p>
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<p id="1435971978">Are you a farmer? If so, you may have the alternative to choose a Chapter 12 Bankruptcy for family farmers, instead of a Chapter 7, 11, or 13. A Chapter 12 generally allows the farmer to remain in possession and control of the farming operation.</p>



<h2 class="wp-block-heading" id="h-who-qualifies-as-a-chapter-12-family-farmer">Who Qualifies as a Chapter 12 Family Farmer?</h2>



<p id="1465306885">Chapter 12 of the Bankruptcy Code is not just for farmers and includes both family farmers and family fishermen. For our purposes, we will deal with qualifying as a family farmer. A “family farmer” with regular annual income may file a Chapter 12. The regular annual income requirement is broad and generally not a stumbling block to qualifying for a Chapter 12. You just need enough income to make Chapter 12 plan payments.</p>



<p id="1139507413">Also, Chapter 12 is not limited to an individual. An individual’s spouse, partnerships, and corporations may be deemed a family farmer. There are different eligibility requirements for individuals and spouses, than there are for corporations and partnerships. This article deals with individuals and spouses. Corporations and partnerships eligibility will be considered in a future blog.</p>



<p id="1769712613">Individuals and spouses must pass a four-part test to qualify as a family farmer for Chapter 12. Those four parts are:</p>



<h2 class="wp-block-heading" id="h-engaged-in-a-farming-operation">Engaged in a Farming Operation</h2>



<p id="1332730901">The first requirement is that the individual or individual and spouse must be engaged in a farming operation. The Bankruptcy Code definition of a farming operation includes farming, soil tillage, dairy farming, ranching, producing or raising crops, livestock, and poultry. Other agricultural type operations may or may not qualify.</p>



<h2 class="wp-block-heading" id="h-no-more-than-10-000-000-in-debt">No More Than $10,000,000 in Debt</h2>



<p id="1628575340">The second prong to satisfy is the amount of debt. As of this writing, the aggregate debts must not exceed $10,000,000.</p>



<h2 class="wp-block-heading" id="h-mostly-farm-debt">Mostly Farm Debt</h2>



<p id="1712977012">The third requirement is the debt must be mostly farm debt.This test requires that not less than 50 percent of the farmer’s noncontingent, liquidated debts on the date the case is filed (excluding a debt for the principal residence of the debtor unless such debt arises out of the farming operation) must arise out of a farming operation owned or operated by the farmer or the farmer and spouse. Hence, to include the homestead mortgage in the debt calculation you must show it arises out of the farming operation.</p>



<h2 class="wp-block-heading" id="h-mostly-farm-income">Mostly Farm Income</h2>



<p id="1767295291">The fourth and final prong to satisfy is based on recent farm income at the time of filing. At the time the Chapter bankruptcy case is filed, the farmer must have received at least 50 percent of his or her gross farm income from the farming operation during the first tax year immediately preceding the tax year the case is filed, or during each of the second and third tax years preceding the tax year the case is filed. So, if the farmer stopped farming during the prior year he or she may still qualify. Timing the filing may be critical in some situations.</p>



<p id="1754658627">This summarizes the individual qualifications, and each case must be carefully analyzed. The good news is that Congress has carved out special bankruptcy relief to qualifying farmers.</p>



<p id="1210769937">Why not have your financial situation considered 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 <a href="/" id="1835256877">www.denverbankruptcylawyer.net</a>.</p>



<p id="1737910886">LONG & LONG</p>
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            <item>
                <title><![CDATA[The New Garnishment Law in Colorado]]></title>
                <link>https://www.denverbankruptcylawyer.net/bankruptcy-blog/the-new-garnishment-law-in-colorado/</link>
                <guid isPermaLink="true">https://www.denverbankruptcylawyer.net/bankruptcy-blog/the-new-garnishment-law-in-colorado/</guid>
                <dc:creator><![CDATA[Long & Long Team]]></dc:creator>
                <pubDate>Tue, 22 Sep 2020 22:22:00 GMT</pubDate>
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Chapter 7]]></category>
                
                    <category><![CDATA[Debt]]></category>
                
                    <category><![CDATA[Exempt Assets]]></category>
                
                    <category><![CDATA[Exempt Assets]]></category>
                
                
                    <category><![CDATA[Bankruptcy]]></category>
                
                    <category><![CDATA[Colorado]]></category>
                
                    <category><![CDATA[Garnishment]]></category>
                
                    <category><![CDATA[wages]]></category>
                
                
                
                <description><![CDATA[<p>There is a new garnishment law in Colorado. For many years wages have been exempt to some extent in Colorado. An exemption means it cannot be taken by the judgment creditor or the bankruptcy trustee. Wage exemptions are crucial for bankruptcy purposes because the Colorado state exemptions are the only bankruptcy exemptions a Colorado resident&hellip;</p>
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                <content:encoded><![CDATA[
<p id="1610168801">There is a new garnishment law in Colorado. For many years wages have been exempt to some extent in Colorado. An exemption means it cannot be taken by the judgment creditor or the bankruptcy trustee. Wage exemptions are crucial for bankruptcy purposes because the Colorado state exemptions are the only bankruptcy exemptions a Colorado resident debtor may claim in a Colorado bankruptcy. Whether a debtor is deemed a Colorado resident who may claim the Colorado exemptions is not discussed here.</p>



<h2 class="wp-block-heading" id="h-the-new-80-rule">The New 80% Rule</h2>



<p id="1495177911">Under the new garn law, most disposable earnings are 80% exempt from execution. Earnings include both W-2 type wages and independent contractor wages for personal labor or services. In most cases, disposable earnings mean your wages, less deductions for taxes and health insurance, i.e. net wages.</p>



<p id="1753736389">For example, your paystub states that at the end of the month you are paid $5,000 gross wages, less deductions of $1,000 for taxes, and $600 for health insurance. Your disposable earnings are $3,400. In most cases, if your paystub was garnished by a judgment creditor you would receive $2,720, equal to 80%, and the attaching party would receive $680, constituting 20% of the disposable earnings.</p>



<p id="1306757817">Prior Colorado law only gave a 75% exemption to the wage earner and 25% would go to the attaching party.</p>



<h2 class="wp-block-heading" id="h-exceptions-to-the-80-rule">Exceptions to the 80% Rule</h2>



<p id="1960560629">The chief exception to the 80% rule is the state or federal hourly minimum wage. If the individual’s disposable earnings are equal to the federal or state minimum wage they cannot be garnished. If the wages are just beyond the state or federal minimum wage then it is the lesser of 20% of disposable earnings or the amount that exceeds forty times the state or federal minimum hourly wage.</p>



<p id="1252286117">The 80% exemption does not apply to child support and family support orders, Chapter 13 court orders, and debts for state and federal taxes.</p>



<h2 class="wp-block-heading" id="h-applicability-to-chapter-7-bankruptcy">Applicability to Chapter 7 Bankruptcy</h2>



<p id="1062703347">After a Chapter 7 bankruptcy has been filed, the Chapter 7 trustee will require the debtor to disclose any wage garnishments in the last 90 days before the filing. If over $600, the trustee will require the garnishing party to disgorge the money to the trustee.</p>



<p id="1100702465">The bankruptcy trustee will also determine what disposable earnings were owed on the date of filing. The bankruptcy trustee may require a turnover of the non-exempt portion of the disposable earnings. Timing the filing so there is little in disposable earnings owed on the date of filing may be helpful in certain cases</p>



<p id="1222349966">Have your financial situation considered by an experienced bankruptcy attorney and former Trustee for the U.S. Bankruptcy Court. Call or contact LONG & LONGnow at 303-832-2655, or www.denverbankruptcylawyer.net.</p>
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