Bankruptcy Services
Wink & Wink, P.C. handles personal and small business bankruptcy claims throughout Colorado. We specialize in personal and small business bankruptcy law under both Chapter 7 and Chapter 13. We handle individual cases, as well as cases for married couples filing jointly.
The Bankruptcy Process
Free Consultation
The bankruptcy process begins with a free consultation in our office where we can determine if bankruptcy is the right choice for your financial situation.
During this free consultation we will:
- Analyzing your financial situation, including your assets, debts, and monthly income and expenses. This is done through analyzing your financial situation as it stands currently, as well as determining your average income over the previous six months for calculating the ‘means test’.
- Analyze the pros and cons of filing bankruptcy in your case, including a discussion of which property of yours may be exempt from Colorado Bankruptcy Law and which debts may be wiped out, or discharged, in bankruptcy.
- Answer any questions you have about bankruptcy laws and the bankruptcy process.
- Assess which Chapter of bankruptcy applies to your individual financial situation, Chapter 7 or Chapter 13. Give you an objective opinion about whether bankruptcy is right for you.
- If you decide that it is, we will discuss in detail the steps you will need to take to file your case and take advantage of the protections of the bankruptcy court. If not, we are happy to work with you should you revisit this decision in the future.
Documents necessary to provide an accurate and complete consultation are:
- Proof of income/pay stubs for the last six months
- All major financial transactions for the last two years
- Monthly living expenses
- Information on all your debts
- Information on all of your property, including personal property
- Copies of your tax returns for the last two years
- Deeds to any real estate you own
- Car title(s)
- Documentation for any loans and/or credit cards you may have.
Please contact us now to schedule a free consultation.
Your Personal Bankruptcy Lawyers: Engaging Wink & Wink, P.C.
Once you decide to file for bankruptcy, Wink & Wink will provide you a detailed agreement outlining exactly what bankruptcy services we will perform and at what cost.
Once you engage Wink & Wink, our commitment to you is to make certain that you understand the bankruptcy process and your role in that process. We will be with you every step of the way toward a fresh start. To help ensure this, we will provide you with our personal cell phone numbers so that your questions and concerns are addressed when they arise.
In most cases, your legal fees will be due upon engaging Wink & Wink. However, if you are filing for Chapter 13 Bankruptcy, some of your legal fees may be rolled into your payment plan. Additionally, we will discuss with you ways you may be able to restructure your debt payments in anticipation of bankruptcy in order to free up enough money to pay your legal fees. Once you have decided to pursue bankruptcy, you will likely be able to stop paying some of your bills. This usually gives people enough financial breathing room to reach their goal of having reliable and knowledgeable legal representation during the complicated bankruptcy process.
Requirements Prior to Filing
Prior to filing your case with the Colorado Bankruptcy Court, the law requires that you take a brief credit counseling session. This is a new requirement under the 2005 changes to the Bankruptcy Code. The session costs $50 ($75 for joint filers) and can be done in our office, at your home over the phone or internet, or by attending a session in person.
Filing for Bankruptcy
Once all the paperwork requirements have been met, you have your credit counseling certificate, and you sign your case, we will file your case with the Court and the automatic stay begins. There is a filing fee due to the Court of $299 for a Chapter 7 and $274 for a Chapter 13. The automatic stay means that creditors may no longer take any action on your personal property, including your car and home, and must also stop any contact with you at all. No more harassing phone calls or letters! Additionally, if creditors break this rule, we can sue them for damages.
Once your case if filed, we will advise you of the time and place for your meeting of creditors. This meeting takes place in front of the Bankruptcy Trustee and you will be required to answer questions under oath. We will ensure that you are prepared for this meeting and we will be there to handle any issues that arise.
If you filed a Chapter 7 bankruptcy, your case can be over as soon as 90 days after your Trustee meeting of creditors. Creditors have 60 days from that hearing to file any objections to your case. You also have 60 days to add any missed creditors. Generally, once any objections are decided by the bankruptcy trustee, your case will receive a discharge. You can then begin your new start, free from the debts discharged in your case.
If you filed a Chapter 13 bankruptcy, you will then begin payments on your repayment plan within 30 days of your plan being filed. This repayment period will last from three to five years. Creditors can file objections to your plan, and we will help resolve those to your advantage whenever possible. There will be a confirmation hearing, which you do not need to attend, where any objections to your plan will be resolved.
Once your plan is completed and you have made all required payments, you will receive a discharge. Then you can begin to enjoy a financial life free from all debts discharged in your case.
If any new issues arise during your repayment plan, we are always available to assist you. We can file for a modification of your plan to address any financial changes that arise during the repayment period.
Prior to receiving your discharge in either a Chapter 7 or Chapter 13 case, you will be required to take a brief financial management session. This costs approximately $65 ($85 for joint filers).
With Wink & Wink, P.C. as your Colorado bankruptcy lawyers, you can rest assured that your bankruptcy case will run smoothly on your way to debt relief and financial freedom. We are always here to help you, before and after your personal bankruptcy.