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Planning and Filing Colorado Bankruptcy Cases
The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.
Free - 2010 Bankruptcy Strategies Explained
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Colorado Bankruptcy Lawyers - "What is a discharge in bankruptcy?"
Under 11 U.S.C. 727, a discharge is a release of liability in favor of the debtor which applies only to
specific debts appearing within schedules filed with the court. Debts that bankruptcy lawyers must list within
schedules include common consumer obligations: loans, notes, credit cards, accounts payable, and contractual
obligations. A discharge terminates obligations. No further payment are required. An order of the court granting
discharge acts as a federal injunction directed to each listed creditor, and their bankruptcy lawyers, prohibiting
further action to collect the debt, claiming the debt, or representing to any person or organization that
the debt remains valid. Lawsuits are banned. All actions for collection are prohibited, including all phone calls
requesting payments of any kind.
Colorado Bankruptcy Lawyers - Collateral
Be aware that secured debt are not fully discharged. Creditors and their bankruptcy lawyers retain rights
to recover collateral, up to the value of the security interest, but may not collect any amount owed
beyond the lien value for discharge debts. In the most basic sense, a discharge eliminates unsecured obligations,
including the unsecured portion of debts secured by collateral. Debtors and their bankruptcy lawyers may
selectively choose to repay any obligation after discharge. Post discharge payments are voluntary. A post-discharge
payment of a portion of a discharged debt, if made, does not act as a reaffirmation of the debt and no further
payments are required.
For maximum benefit, most debtors interview several bankruptcy lawyers before committing to any course of
action. Interviewing bankruptcy lawyers requires a degree of expertise. Federal laws, state laws, and
local rules combine to form the practice standard used by Colorado bankruptcy lawyers and courts. These laws evolve
continually
with new statutory amendments and case decisions. The most successful debtors compare the opinions of several
bankruptcy lawyers, and with targeted questions, discover the most beneficial path to pursue.
Back to Colorado Bankruptcy Lawyers FAQ questions and bankruptcy lawyer information.
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