Practice Areas

If you are considering bankruptcy, you are not alone.  People file bankruptcy for any of a number of reasons.   The law firm of Robert I. Cohen, P.C., can assist you in determining which of the following may apply to your situation.

• If you are facing a foreclosure:

  • A Chapter 7 may enable you to discharge any remaining loan deficiency if you have to give up your house and it does not sell for enough to pay the entire mortgage debt.
    
  • A Chapter 13 may extend the time that you have to get caught up on payments and save your house.
    

• If you are facing the repossession of a motor vehicle, mobile home or other personal property:

  • A Chapter 7 may enable you to discharge any remaining loan deficiency if you have to give up property that the creditor cannot auction for the full amount owed on the loan.

  • In a Chapter 13, you may choose from the following:

    • To surrender a vehicle or property that you no longer want or can no longer afford,

    • To get caught up on payments, or

    • To pay off a lien by paying the lesser of the value of the vehicle or property or the full amount of the loan.

• If you owe taxes:

  • You may be able to use a bankruptcy to stop a tax levy on your wages, bank account, or other property.

  • You may be able to use a Chapter 13 plan:

    • To pay off a tax lien if the claim is secured,

    • To pay the tax principal and interest to the date your case is filed (and not beyond) if the claim is entitled to priority, or

    • To discharge the tax debt if it is a general unsecured claim. 

• Under certain circumstances, you may be able to discharge old tax debts in a Chapter 7.

You may be able to discharge the following types of debts:  bad checks, civil judgments, credit cards, deficiencies following foreclosure or repossession, debts resulting from gambling, uninsured medical bills, “payday” or deferred deposit loans, personal loans, and uninsured property damage.  Once the bankruptcy case is filed at the court, the automatic stay will stop any further legal or collection action of these debts.

A Chapter 7 or a Chapter 13 bankruptcy will not discharge debts for alimony, maintenance or child support; for death or personal injury that was caused by the operation of a vehicle while under the influence of alcohol or drugs; for criminal restitution; or, in most cases, for student loans.  A Chapter 7 discharge may not apply to any creditor able to prove that a debt was incurred by fraud.  A bankruptcy deals only with civil liability and may not stop criminal prosecutions - for bad checks as an example.

For an initial consultation without charge, call Robert I. Cohen, P.C. at (303) 830-2811

Robert I. Cohen, P.C.
1888 Sherman St.
Suite 400
Denver, CO 80203-1159
Telephone: (303) 830-2811
Fax: (303) 830-7016
Email