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Frequently Asked Questions

Return to top 4. Who can file bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
A person, partnership, corporation, or business trust may file a bankruptcy case. Corporations, partnerships and business trusts cannot proceed if they are not represented by an attorney. Only an individual can proceed without an attorney. However, the bankruptcy process is extremely complex, and individuals are strongly encouraged to seek competent bankruptcy counsel. If a person or the entity who owes the money, called the debtor, starts the bankruptcy, it is called a voluntary bankruptcy.
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Do I have to file this return?

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Yes. Failure to complete and file this form (571-L) will result in the Assessor's estimating the value of your business property, and adding a 10% penalty to the assessment. (R&T Code 441, 463 & 501)
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Return to top 2. What is the Bankruptcy Code?

U.S. Bankruptcy Court - District of Colorado - FAQs
The Bankruptcy Code is a federal law, Title 11 of the United States Code. It provides help for individuals and businesses in financial difficulty while at the same time dealing with their creditors evenhandedly. The Bankruptcy Code is divided into several chapters. Chapters 7, 11, and 13 are the most commonly used. Each of these chapters offers debtors a different set of options for dealing with debt. The Bankruptcy Code is available in law libraries, or on the internet at http://www4.law.
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How do I file for bankruptcy? Is there a charge?

Federal Judiciary Frequently Asked Questions
A bankruptcy case is commenced by the filing of a petition. You must also file a statement of your assets and liabilities, and schedules listing your creditors. If you choose to file a bankruptcy petition without the assistance of an attorney, you can obtain the required forms at most stationery stores or at www.uscourts.gov/bkforms/index.html. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file.
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Return to top 4. What is a Joint Bankruptcy Petition?

U.S. Bankruptcy Court - District of Colorado - FAQs
A joint bankruptcy petition is the filing of a single petition by a husband and wife. Only a couple who is married (including common law marriage) on the date of filing may file a joint petition. Unmarried people, corporations, and partnerships must file separate petitions. If you are an individual and have a business corporation, limited liability company or partnership, you may not file a single petition for yourself and that business.
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Return to top 2. Do I need an attorney to file for bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
You may file a bankruptcy petition on your own if you are an individual, but not if you are a corporation or partnership. However, the relief available to you, the obligations imposed on you and the ramifications associated with the bankruptcy are EXTREMELY COMPLEX. It is difficult to have a successful bankruptcy case without the help of competent legal counsel. Therefore, hiring a competent bankruptcy attorney is highly recommended, particularly for cases filed on and after October 17, 2005.
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Return to top 11. Where can I get the Forms needed to file bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
The forms are available at the Bankruptcy Court, from local stationery stores, or from the Court's website, http://www.cob.uscourts.gov. When obtaining the forms from the Court's website, please make certain that the forms you selected apply to when your case was filed (before October 17, 2005 or after October 16, 2005). Credit counseling is the counseling that you obtain before you file bankruptcy from a credit counselor authorized by the United States Trustee.
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Return to top 19. What happens after I file my bankruptcy case?

U.S. Bankruptcy Court - District of Colorado - FAQs
On and after October 17, 2005, when you file your petition, the "automatic stay" may take effect depending upon whether you have had more than one bankruptcy case pending and dismissed in the year before filing the current case. The automatic stay prohibits creditors from taking collection action against you or your property.
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Return to top 40. Who has access to my bankruptcy file?

U.S. Bankruptcy Court - District of Colorado - FAQs
All of the Court's files are public records. However, all petitions filed now contain only the last four digits of a debtor's Social Security number. The debtor then submits to the Court a Statement of Social Security Number (Official Form 21) which contains the entire number, for the Court's reference. However, this form is not part of the public record. (If debtors inadvertently add their Social Security Number to other documents, the number will appear in the public records).
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Return to top 43. How soon after I get my discharge can I file for bankruptcy again?

U.S. Bankruptcy Court - District of Colorado - FAQs
The Court cannot grant a discharge to an individual Chapter 7 or 11 debtor if he or she has been granted a discharge within eight years of the date of filing the previous Chapter 7 petition. The Court cannot grant a Chapter 13 debtor a discharge if the debtor received a prior discharge in a prior Chapter 7, 11 or 12 case filed four years before the current case or in a prior Chapter 13 case filed two years before the current case.
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Return to top 8. What documents do I need to submit to file bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
The following documents, most of which are available at the Court for a small fee or from www.cob.uscourts.gov under the Forms section, must be filed in all bankruptcies filed on and after October 17, 2005. Additional documents may be necessary depending upon your chapter and your individual situation. Please consult with your attorney.
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Return to top 5. What are the different "Chapters" in bankruptcy?

U.S. Bankruptcy Court - District of Colorado - FAQs
Chapter 7 is the liquidation chapter of the Bankruptcy Code. Chapter 7 cases are often referred to as "straight bankruptcy" or "liquidation" cases. They may be filed by an individual, a corporation, or a partnership. Under Chapter 7, a trustee is appointed to collect and sell all property that is not mortgaged or exempt and to use any proceeds to pay creditors.
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Return to top 6. What is a Bankruptcy Trustee? Who is the U.S. Trustee? What is the difference?

U.S. Bankruptcy Court - District of Colorado - FAQs
In all Chapter 7, 12, and 13 cases, and in some Chapter 11 cases, a trustee is assigned. In Chapter 7 cases they are called a "panel trustee," and a group of some two dozen trustees are assigned by rotation. In Chapter 12 and Chapter 13, the trustee is always the same, and is called the "standing trustee." That means that your Chapter 12 trustee will likely always be the same person, and your Chapter 13 trustee will always be the same person.
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Return to top 10. What are Local Bankruptcy Rules? Where can I get a copy of them?

U.S. Bankruptcy Court - District of Colorado - FAQs
The Local Bankruptcy Rules for the District of Colorado supplement the Federal Rules of Bankruptcy Procedure and the Bankruptcy Official forms by providing guidance for cases filed in Colorado. The Local Rules are very important because they contain information about filing cases and pleadings that are specific to the Colorado Bankruptcy Court. You may obtain a copy of the Local Rules online at the Bankruptcy Court's website, http://www.cob.uscourts.gov or purchased for $1.
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return to the top Question #4: What should I expect on my first visit?

Infinite Physical Therapy FAQ’s
Answer: Upon arrival at our office, you will meet your personal licensed physical therapist which you will work closely with throughout your entire recovery process. You will be asked to fill out some basic paperwork. Remember to bring in your prescription for physical therapy, your insurance cards, and any written information you have about your injury (operative reports, X-ray and/or MRI results).
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Can I file bankruptcy without an attorney?

FAQ (ASP)
Current law permits individuals to file their own cases and to represent their own interests in bankruptcy proceedings. However, it may not be wise for you to do so. Any bankruptcy case can become a complicated matter requiring both knowledge of the law and experience before the court to successfully complete.
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What happens after I file bankruptcy?

FAQ (ASP)
Upon filing the original petition with the Clerk's Office, the "automatic stay" immediately takes effect and prohibits all creditors from taking certain collection actions against the debtor or the debtor's property. Although the stay is automatic, creditors need to be advised of the stay.
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Will I have to file bankruptcy?

Consumer Credit Counseling Service of Linn and Benton County...
We will help you analyze your situation. It will be up to you to decide if you want to consult an attorney. Many attorneys suggest an appointment with us to see if there is another workable solution before you file a bankruptcy. If you elect to file bankruptcy, you will need to receive a pre-filing counseling session from an agency such as CCCS.
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CAN I FILE MY OWN BANKRUPTCY?

The Bankruptcy and Financial Center
Any individual can file their own bankruptcy proceeding. This is called filing in pro per. If a person wishes to spend enough time learning about this area of the law, they can probably get through a simple bankruptcy filing. However, individuals with assets or problem debts are foolish to try to go it alone as they will most certainly harm themselves financially as a result.
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Garretson Law Office FAQ
Are you behind on your bills, are bill collectors calling? Is your paycheck not covering all of your bills? If your answer is yes to any of these question you should seriously consider filing for Bankruptcy as soon as possible.
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Fresh Start Colorado | Charles Lilley & Associates P.C. ...
Filing bankruptcy is a serious step, not to be taken lightly. For instance, if debtors owe only a small amount to a few creditors, it might make more sense to pay them through a credit counseling service. Bankruptcy might be necessary however, under certain situations:
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A Great Way To Invest . com Diamond Bay Ready to Invest ? De...
In the paperwork signed by the borrower there is a statement regarding bankruptcy. This form has been successfully used in the past to have property removed from bankruptcy process to allow us to foreclose. On such short-tenn loans it would be looked upon as fraud to get a loan and then file bankruptcy.
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Sacramento Bankruptcy Frequently Asked Questions, Sacramento...
There is never a quick answer to this question. Generally, if you can pay off your debts within three to five years then filing for bankruptcy is not a good idea. If this is not possible, then filing may be a viable solution to eliminate your financial obligations. However, before filing for bankruptcy, it is advisable to explore alternative routes. In some circumstances, creditors may be willing to work out repayment plans or lower their interest rates.
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Bankruptcy Trustees and Credit Counselors
To file for bankruptcy you will need the services of a Trustee. We provide a free initial consultation. We will review your financial situation and discuss all of your options. If you decide that bankruptcy is the best option, we will prepare the documents and file the bankruptcy.
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Bankruptcy Lawyer Directory, Attorneys, Lawyers, Law Firms
There is never a quick answer to this question. Generally, if you can pay off your debts within three to five years then filing for bankruptcy is not a good idea. If this is not possible, then filing may be a viable solution to eliminate your financial obligations. However, before filing for bankruptcy, it is advisable to explore alternative routes. In some circumstances, creditors may be willing to work out repayment plans or lower their interest rates.
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Credit Repair and Credit Restoration - America's Credit Doct...
Before even thinking about bankruptcy, talk to us first! Many of our clients have been able to avoid bankruptcy all together because they came to America's Credit Doctor.com first. Many times, we have been able to explain how to settle debtsA specified sum of money that is legally owed from one to another. and reduce the total amount owed so that our client has a much easier obligation to overcome avoiding bankruptcy.
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Bankruptcies are filed in federal court. Bankruptcy forms are not provided by the court, but may be purchased from stationery stores. Please note that some school loans, some credit card debts and some taxes and other types of debt are not dischargeable in bankruptcy. An attorney is not required to file bankruptcy unless a corporation is involved. The bankruptcy court is open to the public Monday - Friday 9:00 am to 4:30 pm only. Their address is 605 W. 4th Avenue, Anchorage, AK 99501.
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James Patrick Brady: Houston Bankruptcy Attorney, Bill Colle...
We all need to seek legal bankruptcy advice early- before our health, marriage, employment or business stability is affected. Timing is often critical and waiting too long may result in fewer options and make a successful bankruptcy more difficult to accomplish.
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