Chapter 13 Bankruptcy can  stop foreclosure of your home. Upon filing, your attorney will notify the appropriate parties to stop the foreclosure action. Chapter 13 can give you up to 5 years to catch up on the payments that  you are  behind on when you file your Chapter 13 case. You may also be able to get rid of  a second mortgage if you qualify based on the equity in your home and the Colorado Homestead Exemption.

You must file the Chapter 13 Bankruptcy prior to your foreclosure sale to stop the foreclosure so do not delay. If you file after the sale occurs it will not save your  home. Make sure you hire an attorney well before the  foreclosure sale so that the attorney has time to properly prepare your Chapter 13 Bankruptcy.

Many people call me who want to file a medical bankruptcy. Technically, there is no such thing as a medical bankruptcy. Individuals are generally filing either a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy. Chapter 7 Bankruptcy is where you are getting rid of most of your debt without having to pay it back. You may have to surrender  unprotected assets  in exchange for getting rid of the debt. Chapter 13 Bankruptcy is a repayment plan where you are paying back some or all of your debt. You will generally keep your assets and you may keep your unprotected assets depending on how much you are paying to your creditors.

If you have a lot of medical debt, you might file a Chapter 7 Bankruptcy to get rid of the debt. That is what  some people will refer to as a medical bankruptcy.

You should always speak to an attorney regarding your situation before you decide to file for bankruptcy.

 

You will need a current Driver’s License  or  other current government issued picture ID.

You will need a  signed Social Security Card so the Bankruptcy Trustee can verify the Social Security Number on the Bankruptcy Petition is correct.

Your Most recently filed Federal Tax Return and State Tax Return.

If you are employed, you will need pay stubs for the six months prior to filing bankruptcy.

If you are self-employed you need to provide  proof  of income for the past 6 months. For example, statement from   Uber, Lyft, Door Dash etc.

Your most recent bank statements and other financial statements.

Statements, letters and  notices from your creditors.

Your recent statements for utilities, cell phones, internet, cable etc.

Your credit report is also very helpful.

You will need a current Driver’s License  or  other current government issued picture ID.

You will need a  signed Social Security Card so the Bankruptcy Trustee can verify the Social Security Number on the Bankruptcy Petition is correct.

Your Most recently filed Federal Tax Return and State Tax Return.

If you are employed, you will need pay stubs for the six months prior to filing bankruptcy.

If you are self-employed you need to provide  proof  of income for the past 6 months. For example, statement from   Uber, Lyft, Door Dash etc.

Your most recent bank statements and other financial statements.

Statements, letters and  notices from your creditors.

Your recent statements for utilities, cell phones, internet, cable etc.

Your credit report is also very helpful.

You will need a current Driver’s License  or  other current government issued picture ID.

You will need a  signed Social Security Card so the Bankruptcy Trustee can verify the Social Security Number on the Bankruptcy Petition is correct.

Your Most recently filed Federal Tax Return and State Tax Return.

If you are employed, you will need pay stubs for the six months prior to filing bankruptcy.

If you are self-employed you need to provide  proof  of income for the past 6 months. For example, statement from   Uber, Lyft, Doordash etc.

Your most recent bank statements and other financial statements.

Statements, letters and  notices from your creditors.

Your recent statements for utilities, cell phones, internet, cable etc.

Your credit report is also very helpful.

You will need a current Driver’s License  or  other current government issued picture ID so the  Bankruptcy Trustee can verify  who you are.

You will need a signed Social Security Card the Bankruptcy Trustee can verify  that the Social Security Number on the Bankruptcy Petition is correct.

Your Most recently filed Federal  and State Tax Return and State Tax Returns.

If you are employed you will need pay stubs for the six months prior to filing bankruptcy

If you are self-employed you need to provide  proof  of income for the past 6 month such as statements from Uber, Lyft, Door Dash etc.

Your most recent bank statements and other financial statements

Any statements, letters and  notices from your creditors.

Your recent statements for utilities, cell phones, internet, cable etc.

If you considering filing Chapter 7 Bankruptcy and you are unemployed, you should consider filing before you become reemployed. One of the qualifications to file Chapter7 Bankruptcy as an individual is that your income will generally need to be below the median income for your household size. This calculation is based on the 6 months of income  prior to filing but, does not include the month that you are filing in. So, for example, if you are filing anytime in March of 2022, the  6-month time frame would run from September 2021 until February 2022.

What if I am currently unemployed and will be starting a job soon, should I file bankruptcy right away?

That is a more complicated question to answer. It depends on a variety of factors including whether your new job will pay you enough so that you have money left over each month after paying your basic living expenses, not including credit card, unsecured loans, etc. to pay money to creditors.

An attorney can help you decide when is the best time for you to file.