Denver Bankruptcy Basics
In Chapter 7 bankruptcy, the debtor files a petition with the court, which includes detailed financial information about his assets, debts, and income, and a list of the assets claimed as exempt. The papers filed with the court are executed under penalty of perjury. The court process usually takes about 3-4 months.
Bankruptcy is the statutory procedure under federal law by which a person, known as the “debtor” under goes a judicially-supervised liquidation or reorganization for the benefit of those who are owed money, known as “creditors”, where the debtor is usually relieved of most of his debts through what is called “discharge”. The debtor’s property becomes what is called “the bankruptcy estate”. This federal law is commonly known as “the Bankruptcy Code”. Bankruptcy filings are all done in federal court, thus ensuring uniformity throughout the United States. Certain variations do occur from state to state relating to what assets an individual debtor is allowed to keep (exemptions), and as to the nature and extent of a debtor’s property interests and other matters. Therefore, debtors should consult a Denver bankruptcy attorney to ensure the best representation.
Our Firm will prepare the necessary documents from the information you provide on our online questionnaire. You will then simply sign the documents, after which we will file the documents with the bankruptcy court. Once we file your case, your hearing will be 30 to 40 days later. In a Chapter 7, you will be discharged in about 8 to 9 weeks.
In a Chapter 13 bankruptcy, The debtor files a bankruptcy petition with a schedule of assets and liabilities and a statement of financial affairs, along with a Chapter 13 plan. The plan provides for repayment of the debtor’s debts over a 3-5 year period, from the future earnings of the debtor. A trustee is appointed to receive payments from the debtor and disburse them to creditors.
The debtor then attends a meeting of creditors. Creditors are not entitled to vote on the plan, but are allowed to file objections to the plan if they believe that the plan does not comply with Chapter 13 requirements.
In a Chapter 13 plan, the debtor remains in possession of all of his property, exempt and non-exempt. Upon completion of payments under the plan, the debtor typically receives a discharge, even if (s)he has paid less than 100% of the debt. Certain debts, however, must be paid in full to be discharged. Student loans and child support are two examples.
To learn more about bankruptcy basics, explore the following areas:
- Bankruptcy Chapters
- Income Taxes
- Short Sales
- Meeting of Creditors
- Debt Relief
- Foreclosure Assistance
- Tax Liens
You can also find more information on the pages to the right. Contact us today at (303) 893-0833 to set up your free consultation with our firm.