New, Increased Filing Fees For Bankruptcy in Colorado

Periodically the filing fees in U.S. federal and state courts in Colorado change. The District of Colorado Bankruptcy Court will be increasing its fees for filing and general services. The new rates took effect June 1, 2014. 

Some of the more common filing fees are now as follows for common types of cases/ issues: Chapter 7 bankruptcy in Colorado $335, Chapter 13 Bankruptcy in Colorado $ 310, Chapter 11 $1717, filing an adversary proceeding $350, filing an amendment to add creditors $30, and a motion to reopen a Chapter 7 bankruptcy in Colorado now costs $260 to file.

Preparation is the key to success in any legal matter, and meeting with your bankruptcy lawyer as soon as possible to determine the appropriate chapter of the Bankruptcy Code to use, and which fee(s) will apply, will help your case go smoothly right from the beginning. Though I welcome emergency filings, coming up with a good deal of money to get the case filed, in a short amount of time, just adds to the stress Debtors are facing. If you feel a bankruptcy may be necessary, call for an initial free consultation and I will discuss the fees and costs with you at the outset so you can plan ahead. Unlike many things in life, filing fees and legal fees paid to remove debt, have a certain guaranteed return. I can help. – Robert Gauss, Esq. (303) 501-4018.

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Choosing A Bankruptcy Lawyer.

If you’re considering bankruptcy in the Denver area you have plenty of choices when it comes to a lawyer. I urge you to meet with at least two bankruptcy lawyers before you make a decision. Lawyers, and bankruptcy lawyers in particular, come with different levels of experience and attitudes toward the practice of bankruptcy law. Bankruptcy law is a place where the business of law meets the profession of law squarely. Some bankruptcy lawyers are in essence running a discount bankruptcy petition mill, where quality suffers. This can end up costing you more than you saved by hiring these clowns in the first instance. Filing a bankruptcy will effect your entire financial future and therefore you should take the time to choose a bankruptcy lawyer wisely.

Price, while important, should NOT be your primary focus. A bankruptcy lawyer who takes time with clients and is interested in providing the best possible outcome in all aspects of your bankruptcy will need to charge you for that service. A bankruptcy lawyer who is simply interested in filing as many cases as possible will not take as much, if any, time with you and instead will rely on time saving and cost cutting procedures which are not in your best interest. If you’re looking at getting rid of 20, 30, 40 or 100 thousand dollars of debt, does it really matter much if a decent lawyer is $200 more?

A professional, experienced bankruptcy lawyer will have a decent reputation with the bankruptcy judges and trustees. I have developed, I hope, a solid reputation with these people and because they know I do things correctly, my cases tend to go smoothly. In your bankruptcy matter, do you really want the person representing you to have ten other cases that day? Do you want them to be the subject of disciplinary investigations with the State Bar or with the Bankruptcy Court? Do you want them to quote you $500 on the phone only to find out it’s more when you get to their office?

The solution to all of this is simply to shop around, and not for a $100 price difference with the fee, when considering bankruptcy. Ask around about a person’s reputation, read about that person on the internet, and most importantly take the time to go to a free consultation or three before deciding. Decent bankruptcy lawyers will meet with you, discuss the entire case before setting a fee, and be happy to answer whatever questions you may have. Someone interested primarily in the business of law, will rely on staff to “sign you up,” will happily quote a low fee and will generally not have much time for you and your bankruptcy questions.

All that said, I completely understand that going broke is expensive, as it were, and I can help you for a reasonable, professional fee that makes sense and will save you money in the long run. Come see why. Happy New Year Colorado, we’re going to do great things this year !!

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Don’t Delay if You Think a Bankrutpcy May Be Necessary

As a bankruptcy lawyer, for almost 20 years now, I can tell when people do need to file and when they may not need to file for bankruptcy. Communicating the need to file bankruptcy is however, a challenge. This is fundamentally because people do not want to have to file for bankruptcy. Because of that, people often hide their heads in the sand and delay.

Unfortunately, delay in filing the case may complicate things and end up costing you more in the long run. Firstly, if you are going to be unable to catch up on your credit cards because of the interest and are going to need to file eventually anyway, any money you pay to the credit card companies are wasted funds you could have saved for your new life free of debt.

Secondly, delay in filing bankruptcy can lead to judgements and garnishments and attachments of bank account funds. This is of course very stressful and disruptive to your level of peace and hopefulness, and that effects everything, even your health. Moreover, since a judgement in Colorado becomes a lien against all of your property, having a judgment can make your bankruptcy case in Colorado a bit more complex and expensive. Your lawyer can usually remove the lien by filing a motion to avoid a judgement lien in the Colorado Bankruptcy Court.

Third, making an early decision to file bankruptcy can help you address payments to things that will have to be paid anyway. This is the case with student loans and most taxes. Of all creditors, tax authorities are the most dangerous, if a bankruptcy is going to be necessary anyway, it makes sense to at least have a plan to deal with the taxes, rather than to be running to county court to pay $50 on a credit card that is never going to be paid off in any event.

I hope this article helps someone out there make an early decision to file, in a circumstance where filing makes sense of course. I offer a free consultation for potential bankruptcy clients and as I say sometimes bankruptcy isn’t the answer and I’ll tell you as much. It’s private and free, and I can guarantee you I can give you one tip, about bankruptcy and about your consumer finances that will save you a ton of money and provide a safety net for the rest of your life. This is something most bankruptcy lawyers know, but don’t take the time to tell people.

Lastly, meeting with a quality bankrutpcy lawyer can help dispell incorrect beliefs you may have about bankruptcy, which many people learn from old and now incorrect information on the internet, or from well meaning friends and relatives who do not know the law. I hope this not finds everyone well, thanks for taking the time to read it.

I can be reached at (303) 501- 4028 direct or (303) 670-4242 office.

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