Bankruptcy Litigation for Debtors and Creditors in Boulder, Colorado
Our bankruptcy practice extends to litigation. Our experienced attorneys represent both debtors and creditors in a variety of bankruptcy disputes, including:
- Nondischargeability of particular debts
The reason for filing for bankruptcy is to obtain a discharge, or legal forgiveness of ones debts. However, not all debts are dischargeable in bankruptcy. The types of debts that are non-dischargeable in bankruptcy are described in a federal statute 11 U.S.C. § 523. The purpose of the bankruptcy code is to give a fresh start to the honest but unfortunate debtor. Debts that are incurred dishonestly, i.e. through fraud, are not dischargeable. Most bankruptcy litigation regarding dischargeability of debt revolves around the circumstances under which the debt was incurred and whether the debtor's conduct in obtaining the debt was dishonest. The attorneys at Goff & Goff, LLC have extensive experience in handling bankruptcy litigation.
- Eligibility for a bankruptcy discharge
Debtors are required to comply with an extensive number of legal conditions in order to receive a bankruptcy discharge. Among the requirements imposed is that the debtor accurately list his or her assets and debts. In addition, the debtor is required to answer several questions regarding his or her past financial transactions. Sometimes debtors do not provide accurate answers to all the questions which can imperil their eligibility to receive a discharge at all. 11 U.S.C. § 727. Denial or revocation of a bankruptcy discharge is a serious sanction because if this occurs, NONE of the filer's debts are discharged, and all of the creditors are essentially turned loose on the debtor once again. Creditors are permitted, under Bankruptcy Rule 2004 to conduct extensive discovery of a debtor after the filing of a bankruptcy case, to explore the debtor's pre-filing financial affairs and the accuracy of the disclosures in the debtor's bankruptcy paperwork. Creditor's who want to explore these issues must act promptly as failure to act will likely result in discharge of the debt.
- Automatic Stay/Discharge Injunction Violations
The most important statute in the entire Bankruptcy code is known as the "automatic stay" which is codified at 11 U.S.C. § 362. This statute becomes effective immediately upon the filing of a bankruptcy petition and forbids creditors from taking virtually any action to collect on their debt without first receiving permission from the bankruptcy judge. Some creditors run afoul of the automatic stay by continuing their collection efforts after the debtor has filed. Such behavior is risky and can result in litigation. If a creditor loses this type of case he or she is frequently ordered to pay the debtor's attorney's fees. Punitive damages can be and often are awarded. The lawyers at Goff & Goff, LLC are familiar with this type of litigation and recently won such a case, which resulted in an order for payment of attorney fees and an award of punitive damages.
Contact us online or by phone at 303-872-0535 to speak with an experienced attorney regarding your bankruptcy litigation matter. We offer free telephone consultations.
