He Said She Said Blog - Married Colorado Lawyers Talk Bankruptcy
Denver Bankruptcy Blog RSS

What Is The Difference Between Chapter 7 Bankruptcy and Chapter 13 Bankruptcy?

Posted February 27th, 2013

If you are researching consumer bankruptcy you have heard the terms Chapter 7 and Chapter 13. These are the two most commonly used chapters of bankruptcy used by single filers, married couples and small business owners who are struggling with debt. If you are trying to figure out if bankruptcy is the right choice for you, your family and your business, you want to first have a basic understanding of the differences between Chapter & and Chapter 13.Financial comeback 288x300 What Is The Difference Between Chapter 7 Bankruptcy and Chapter 13 Bankruptcy? (more…)

The Long-Form Means Test: A Series

Posted September 9th, 2012

means test income 300x300 The Long Form Means Test: A SeriesIf you are researching consumer bankruptcy you have no doubt heard the terms “means test” and “long-form means test”. The means testing involved in Chapter 7 and Chapter 13 bankruptcy can be complicated and there are also jurisdictional differences that create nuances only fully understood by a bankruptcy attorney that practices in the state in which you plan to file bankruptcy. (more…)

Not All Bankruptcy Lawyers Are Created Equal

Posted September 19th, 2011

attorney keyboard 300x200 Not All Bankruptcy Lawyers Are Created EqualIf you are going to file for bankruptcy you need a lawyer. Really. I am not just saying that because I am a bankruptcy attorney. I say that after watching case after case at the Meeting of Creditors where pro se filers (that means people who filed without an attorney) lose property they could have kept if they had had good legal advice while planning their bankruptcy. (more…)

Americans Hit Debt Ceiling of Their Own – Infographic

Posted July 28th, 2011

The Median American Family Never Pays Off Their Credit Cards, Says Colorado Bankruptcy Attorneys Wink and Wink

Denver, CO – Citing data from their American family debt infographic, Colorado bankruptcy attorneys Wink and Wink report that the median American family never pays off their credit cards. Wink and Wink have found that the median American family has carried at least $4,300 in credit card debt for more than 20 years, effectively never paying off their credit card debt. (more…)

Bankruptcy and Divorce

Posted May 17th, 2011

Divorce 300x200 Bankruptcy and DivorceSeeing as financial problems are the number one cause of divorce in the U.S., bankruptcy and divorce often go hand-in-hand. Unfortunately, each one complicates the other. Understanding now bankruptcy laws affect a divorce and divorce-related debt depends on where you are in the process. Different considerations apply depending on whether you are considering divorce, have already started the process or if you have final orders in the divorce action. (more…)

The Tax Consequences of Bankruptcy

Posted February 20th, 2011

Tax 300x200 The Tax Consequences of BankruptcyIn general, debt discharged in bankruptcy is not taxable and most people who file for consumer bankruptcy have no tax consequences as a result of the bankruptcy filing. However, there are a few areas in which you should be aware of the interaction between bankruptcy and tax liability. (more…)

The Truth About Short Sales

Posted January 27th, 2011

short sale 300x197 The Truth About Short SalesShort sales have gotten a lot of press in this financial crisis and many think they offer a way out from under their mortgage debt and underwater properties. However, the reality is the short sales offer no benefit, none, to all but a very few. For the financially distressed, those who have debt in addition to their mortgage, short sales are simply a way for real estate agents to make a commission on the property while robbing you of any possible financial benefit to letting go of a house you can no longer afford. (more…)

To Reaffirm or Not to Reaffirm: That is the Question

Posted December 13th, 2010

promissory note 300x200 To Reaffirm or Not to Reaffirm: That is the QuestionReaffirmation agreements are a special feature of Chapter 7 bankruptcy. They give your creditors a chance to get you back on the hook for debt you would have otherwise discharged in the bankruptcy by allowing you to reaffirm, or re-sign, liability for a specific debt.  Because of this, reaffirmation agreements are to be avoided like the plague unless there is a very good reason to enter into one. (more…)

Mike Wink Interview With Tom Martino: Martino Calls Mortgage Mods A Scam!

Posted November 29th, 2010

Shark 300x277 Mike Wink Interview With Tom Martino: Martino Calls Mortgage Mods A Scam!Mike (aka “He Said”) Wink was on the Tom Martino Show recently to discuss the ways that bankruptcy can help homeowners. During their discussion, Tom Martino, Colorado’s best-known consumer advocate, “The Troubleshooter” makes a bold statement, calling out mortgage modifications as a scam. (more…)

How Does Being Sued Affect My Bankruptcy?

Posted October 12th, 2010

judgment 300x300 How Does Being Sued Affect My Bankruptcy?Most people considering filing for bankruptcy protection are also vulnerable to lawsuits brought by their creditors for debts owed. If you are served a summons by one of your creditors prior to filing bankruptcy, you will want to understand how that affects your bankruptcy case. (more…)