Colorado’s 100% Online Bankruptcy Law Firm

No offices appointments. No Court Appearances.

Schedule a Consultation

(855) 252-6567

Chapter 7 Boulder Bankruptcy Attorneys

We. Do. Bankruptcy.

We make bankruptcy easy, affordable, and stress free.

File for bankruptcy from the comfort of our own living room.

Stop Struggling. Be. Debt. Free.

Is Chapter 7 Bankruptcy Your Way Out Of Debt? Our Boulder Attorneys Help You Decide

Depressed Senior Adult Man With Stacks of Papers and Envelopes

Facing overwhelming debt can feel isolating, but you’re not alone. In Boulder, Colorado, Chapter 7 bankruptcy provides a legal means to discharge most unsecured debts, as outlined in the United States Bankruptcy Code. Our compassionate team understands the stress financial burdens cause. We’re here to assess your situation and guide you through the means test, which determines if Chapter 7 is your best path to financial freedom. Let us help you regain control and start anew with the peace of mind of having expert advocates by your side.

What Is Chapter 7 Bankruptcy In Colorado?

Chapter 7 bankruptcy, often called “liquidation” or “straight” bankruptcy, represents a pivotal legal remedy for individuals overwhelmed by debt. In Boulder, Colorado, as in the rest of the United States, the process is governed by federal law, specifically under the United States Bankruptcy Code.

Filing for Chapter 7 bankruptcy in Colorado involves a clear and structured process. Firstly, you must pass the means test, which compares your household income and the median income of a comparable household in Colorado. If your income falls below the Colorado median, you qualify for Chapter 7. Otherwise, you may need to consider Chapter 13 bankruptcy.

Once you qualify, you must file a petition with the bankruptcy court serving Boulder, detailing information about your assets, debts, expenses, and income. Filing the petition triggers what is known as an “automatic stay,” which immediately halts most creditors from further collection activities against you. This provides temporary relief during the bankruptcy process.

The Colorado courts then appoint a bankruptcy trustee to oversee your case. The trustee’s role is to review your assets and financial affairs and to liquidate any non-exempt assets to pay back your creditors. It’s important to understand that while many personal assets can be exempt from liquidation under Colorado’s specific bankruptcy exemptions (e.g., equity in your home, retirement accounts, personal belongings), others might sell.

The process culminates in a 341 meeting of creditors, during which creditors can ask questions about your finances and the information you submitted in your filing. However, in most Chapter 7 cases, there is little for the creditors to contest, making the meeting brief.

Following the meeting, if there are no challenges to your discharge and you’ve met all other requirements, the bankruptcy court will typically discharge your debts within three to six months of filing your petition. However, this does not apply to all types of debts.

As your legal advisors in Boulder, we ensure you understand all aspects of filing for Chapter 7 bankruptcy and help navigate you through the process efficiently. Our expertise allows us to provide clear guidance on protecting your assets and ultimately securing the debt relief you need. We are committed to supporting you in achieving financial recovery and a fresh start.

What Type Of Debts Will Colorado Courts Discharge In Chapter 7 Bankruptcy?

document with the text eviction notice

In Boulder, Colorado, understanding which debts the courts discharge through Chapter 7 bankruptcy is crucial for anyone considering this form of debt relief. Governed by the United States Bankruptcy Code, Chapter 7 eliminates most unsecured debts, giving debtors a fresh financial start. However, it’s essential to recognize which types of debts are dischargeable. Here are some of the debts that are dischargeable in Chapter 7 Bankruptcy:

  • Credit Card Debt: Debts from credit card purchases for personal, family, or household purposes are typically dischargeable.
  • Medical Bills: High medical expenses, one of the most common reasons for bankruptcy, are also dischargeable under Chapter 7.
  • Personal Loans: Provided they have no collateral, unsecured personal loans, including payday loans, are generally dischargeable.
  • Utility Bills: Courts can discharge past-due utility bills, although service may require a new deposit after bankruptcy.
  • Certain Tax Debts: Income taxes may be dischargeable if they are for returns due at least three years before filing for bankruptcy, were filed at least two years ago, and were assessed more than 240 days before filing.
  • Business Debts: Debts incurred from the operation of a business are dischargeable if they are unsecured.
  • Judgments from Civil Courts: The courts will eliminate most civil court judgments that do not involve fraud.

It’s important to note that Chapter 7 bankruptcy does not clear all debts. Non-dischargeable debts include:

  • Child support
  • Alimony
  • Certain tax liabilities
  • Debts for personal injury settlements caused by driving under the influence of alcohol or drugs
  • Most student loans

Because Chapter 7 bankruptcy can provide significant relief by discharging many debts, understanding which can and cannot be discharged is critical. Our law firm in Boulder is adept at navigating the complexities of bankruptcy law to ensure our clients can achieve the most comprehensive debt relief possible. If you’re considering Chapter 7, we can provide expert guidance to help you regain financial stability.

What Type Of Debts Are Not Dischargeable In Chapter 7 Bankruptcy?

Debt Reduction Road Sign

While filing for Chapter 7 bankruptcy in Boulder, Colorado offers a pathway to financial recovery by discharging many unsecured debts, it’s crucial to recognize that certain debts are not dischargeable under it. Understanding these exceptions helps you to plan your financial future post-bankruptcy realistically. The United States Bankruptcy Code outlines specific types of debts that remain the debtor’s responsibility even after the courts dismiss other debts, such as:

  1. Alimony And Child Support: Obligations due to alimony, maintenance, or child support are not dischargeable, reflecting their priority in family law.
  2. Certain Tax Debts: Recent income taxes (within the last three years), property taxes not older than one year, and certain other tax-related debts, such as payroll taxes, cannot be discharged.
  3. Debts from Unlawful Acts Debts: Debts incurred through fraud, embezzlement, or larceny are not dischargeable, ensuring accountability for wrongful conduct.
  4. Student Loans: Generally, student loans are not dischargeable unless repaying them would impose an undue hardship on you and your dependents.
  5. Fines and Penalties: Fines, penalties, or forfeitures payable to governmental units are not dischargeable, reinforcing their role in upholding public policy.
  6. Personal Injury Debts: Debts from personal injury caused by operating a motor vehicle while intoxicated are not dischargeable.
  7. Certain Condominium or Cooperative Housing Fees: Debts owed to a condominium or cooperative housing unit that accumulate after filing for bankruptcy remain the debtor’s responsibility.

Understanding the types of non-dischargeable debts ensures that individuals considering Chapter 7 bankruptcy are fully informed about what the process can and cannot accomplish, which is critical as they plan for a stable financial future.

Who Qualifies For Chapter 7 Bankruptcy In Colorado?

Woman with hands up on top of the mountain.

Determining who qualifies for Chapter 7 bankruptcy in Boulder, Colorado involves specific criteria. This form of bankruptcy, known for its ability to discharge most unsecured debts quickly, requires applicants to pass a means test, among other requirements, ensuring only those who genuinely need it file. Here is the qualification criteria for Chapter 7 Bankruptcy:

  • Means Test: You must pass the means test, which compares your average monthly income over the six months before filing to the median income for a household of your size in Colorado. If your income is below the median, you qualify.
  • Credit Counseling: Within 180 days before filing, Colorado law requires you to complete a credit counseling course from an approved agency. This requirement aims to ensure you understand all your debt relief options.
  • Income Assessment: If your income exceeds the state median, a further assessment of your income and allowable expenses will determine if you can file for Colorado Chapter 7 or consider Chapter 13 bankruptcy, which involves a repayment plan.
  • No Recent Bankruptcy Discharges: You are not eligible for a Chapter 7 discharge if you have already received a discharge from a Chapter 7 case filed within the last eight years or a Chapter 13 case filed within the previous six years.
  • No Prior Bankruptcy Misconduct: If, within the past 180 days, a court dismissed your previous bankruptcy petition because of your deliberate failure to attend court or adhere to its orders, you do not qualify in Colorado to file for Chapter 7 bankruptcy. The same goes if you voluntarily dismissed the prior case after creditors requested relief to reclaim property under liens.

These criteria, which is essential for anyone in Boulder considering Chapter 7 bankruptcy to understand, ensure that the process is available to those who need it most, prevent abuse of the bankruptcy system, and help maintain its integrity as a tool for financial relief.

Hire Our Skilled Boulder Chapter 7 Bankruptcy Lawyers

Bear lake

If you grapple with overwhelming debt in Boulder, Colorado, filing for Chapter 7 bankruptcy might provide the relief you desperately need. Governed by the United States Bankruptcy Code, Chapter 7 offers a legal pathway to eliminate most unsecured debts, allowing you to start anew with a cleaner financial slate. We understand how debt can weigh heavily on your shoulders—impacting your peace of mind, your family’s well-being, and your ability to envision a brighter future.

Our compassionate team of skilled bankruptcy lawyers in Boulder specializes in navigating the complexities of Chapter 7 bankruptcy. We aim to make the process smooth and stress-free by providing clear, straightforward advice and strong advocacy.

Embrace the opportunity for a fresh start. With our experienced legal support, you can confidently navigate your financial difficulties. Let us help you clear the path toward regaining financial stability and reclaiming the peace of mind that comes with being free from overwhelming debt.