Bankruptcy Note. In a recent 8th Circuit decision, Sears et al v Sears et al, the Court ruled that a claimant had stated an insufficient basis for a claim against the Debtor. If someone who owes you money files, pay attention too the proof of claim form which you will receive, the instructions are not difficult. I mostly represent Debtors, but this issue is also important to the Debtor. If it’s going to be an asset Chapter 7 case, i.e., you will be paying or giving up some property, then you need to be sure priority taxes and child support arrears get paid. The way you make sure that happens is to be sure your lawyer has an eye on the proofs of claim being filed in the case. You don’t want debts that you will have to pay anyway, such as child support and most taxes, going unpaid in the case. Your lawyer should have an eye on the proofs of claim being filed in the case. Also, in chapter 13 cases, it is sometimes possible to finish your payments early, if a significant dollar amount(s) which you owed were not backed up by proof of claim forms, or were backed up by insufficient proof of claim forms. This is an often overlooked issue. I can be reached at 303.670.4242 or after hours at 303.501.4028.
Also, please note I have expanded my practice, or maybe it’s better said returned, to handling a significant number of criminal law matters. I’d be happy to help if you or someone you know is on the wrong end of a criminal charge. I hope everyone is having a happy and healthy 2012. Remember to pursue your own goals, do what YOU want, and forget about the expectations of others. It’s your life.