High-Income Chapter 7 Cases

In my law practice, I continue to see clients who believe that Chapter 7 bankruptcies either are not possible at all or are only possible for people with low incomes. This is a myth which has been largely perpetuated by  →

County Court Collection Lawsuits

If you receive a summons and complaint, act quickly to avoid a wage garnishment. In Colorado, a creditor can continuously garnish 25% of your wages until the judgment is paid. If you ignore a summons and complaint, a judgment will  →

Bankruptcy Legalese

Bankruptcy law has its own confusing language. It is a good idea to have a basic understanding of bankruptcy terms before your initial consultation with a bankruptcy attorney. While most bankruptcy attorneys are very skilled at explaining the bankruptcy process  →

“Medical” Bankruptcies

Each year many Americans find themselves facing bankruptcy through no fault of their own. The American Journal of Medicine reported in 2009 that medical bills contributed to more that 60 percent of U.S. personal bankruptcies. A catastrophic medical condition can  →

Student Loans After Bankruptcy

The federal bankruptcy code states that a debtor may obtain a discharge of a government-sponsored student loan only if repaying the loan would impose an “undue hardship” on the debtor and his dependents. Most bankruptcy courts interpret “undue hardship” as  →

Debt Settlement Scams

The Better Business Bureau recently issued a warning to consumers regarding the misleading practices of debt settlement companies. This warning comes after receiving more than 3,500 complaints since the start of the recession in 2007. The BBB reports that many  →

Means Testing: Hamilton vs. Lanning

The U.S. Supreme Court issued a decision in the summer of 2010 that is arguably the most important decision since the U.S. Congress passed bankruptcy “reform” in 2005, courtesy of millions of dollars in campaign “contributions” from the large special  →

Colorado Bankruptcy Opinions

Here is a summary of significant Colorado bankruptcy decisions within 12 months of this blog entry:   In re Graham (Musich v. Graham), Order entered July 11, 2011, Adversary Proceeding No. 11-01073-SBB; 11 U.S.C. Section 523(a)(6) Plaintiff filed an adversary  →

2011 Supreme Court Case Throws Debtors Another Curve Ball

Significant US Supreme Court decisions affecting bankruptcy practice continue to come down the pike.  Sometimes the decision is good news. (In re: Lanning, discussed elsewhere in this blog, allowing debtors to adjust their income downward from the means test when  →