Lakewood Law Blog

What happens if you forgot to list a debt in bankruptcy?

On behalf of The Law Offices of W. Robert Montgomery posted in bankruptcy on Wednesday, January 16, 2019.

If you need to seek bankruptcy, the chances are that you're struggling with overwhelming debt or a lack of income. It's possible to get the majority of the debt discharged in most cases. For example, if your debts are all medical or on credit cards, there's a high likelihood that you can have it discharged through a Chapter 7 bankruptcy. If you earn too much for Chapter 7, you can opt to go through Chapter 13 bankruptcy instead and make monthly payments to satisfy lenders.

One good question about bankruptcy is what to do if not all of your accounts were included in the bankruptcy. For example, you may have listed seven accounts that were overdue, but the reality was that there were nine. The fact is that your attorney should pull your credit report to double-check that you have all the accounts listed. If you don't, or if the accounts show up later, you won't necessarily be out of luck, though.

What happens when a former spouse declares bankruptcy?

On behalf of The Law Offices of W. Robert Montgomery on Monday, January 14, 2019.

It takes some time to recover emotionally after a divorce. It can take time to recover financially as well. Once the dust settles, you plan on devoting time to getting your money matters in order.

However, just as you start making headway with your finances, you find out that your former spouse declared bankruptcy. You just dug yourself out of your own post-divorce debt hole – what happens now? Take a look at some ways your ex's bankruptcy may affect you.

Why do you need special help for same-sex divorces?

On behalf of The Law Offices of W. Robert Montgomery posted in same-sex divorce on Friday, January 11, 2019.

In most situations, a same-sex divorce is the same as any other. Two people need to separate their assets, set up custody arrangements and work through other factors involved in their divorce.

Not all same-sex divorces were recognized in the past, and people had trouble getting divorce pre-2015. However, since then, same-sex marriage and divorce have been legal across the country. Same-sex marriages can legally be ended in any state.

Get to know your rights when you are unmarried with a child

On behalf of The Law Offices of W. Robert Montgomery posted in family law on Friday, January 4, 2019.

When you and your child's parent are not married, it can make life a little more difficult. The father of the child likely has to pay child support, and you have to designate visitation times and custody arrangements. In reality, it's similar to how people who go through a divorce have to raise their children, but they have the divorce to worry about at the same time.

In a situation like yours, the benefit is that the only thing you have to worry about is putting your child first. It's important to make sure that the child's father is known, either by seeking a paternity test or by a voluntary acknowledgment of paternity. Once this is done, then you know that your child has another parent who is legally responsible for their care as well.

Understanding the misconceptions about uncontested divorce

On behalf of The Law Offices of W. Robert Montgomery on Monday, December 31, 2018.

You may feel overwhelmed and confused after deciding to file for divorce. You know that there is no saving your marriage, but how do you proceed? Must you fight with your spouse in court, or do you have other options? You and other Colorado residents can benefit by learning about uncontested divorce.

An uncontested divorce is a way to end your marriage without a lengthy and costly court battle, but there are some misconceptions to clear up.

Is bankruptcy the only option to reduce debt?

On behalf of The Law Offices of W. Robert Montgomery posted in bankruptcy on Friday, December 28, 2018.

As a 30-year-old person, you never thought you'd be facing the financial difficulties that you deal with every day. You've worked hard, but between student loans, credit card debt and medical bills, you don't think you'll ever be out of debt.

The good news is that you're young enough to consider bankruptcy, but there are other options, too. Bankruptcy may have an impact on your ability to get credit in the near future, but if you're not planning on buying a home or using credit in the next few years, that might not affect you much (if at all). Still, it's a good idea to look at all the possible options before choosing bankruptcy.

Are there any special factors in same-sex divorces?

On behalf of The Law Offices of W. Robert Montgomery posted in same-sex divorce on Friday, December 21, 2018.

A same-sex divorce is usually the same as an opposite-sex divorce, but there might be some special circumstances to consider. For the most part, you'll follow the same guidelines as any other divorce.

For example, you'll have to decide on how to divide your property. Colorado is an equitable distribution state, which means that you and your spouse will need to determine how to divide your assets fairly. If you're unable to, then you can go through mediation, arbitration or ask a judge to make a determination for you.

You can minimize the effect bankruptcy has on a job search

On behalf of The Law Offices of W. Robert Montgomery posted in bankruptcy on Friday, December 14, 2018.

Our attorneys sympathize with all Lakewood area residents who are struggling with debt. Personal bankruptcy is an effective way of overcoming debt and it comes with other benefits such as getting a fresh financial start and putting a stop to creditor harassment.

Unfortunately, all good things come with at least a few downsides. While it should not be the case, having a bankruptcy on your record may interfere with your efforts to start a new career or find a job with enough income to support your family.

What happens to personal loans and gifts in bankruptcy?

On behalf of The Law Offices of W. Robert Montgomery on Wednesday, December 12, 2018.

Like many people in the Denver metropolitan area, if you are drowning in debt, you may turn to friends and family for help. Loans and financial gifts are not so easy to obtain from banks and other financial institutions. You may have good intentions to repay them. However, hardships and other circumstances could cause you to fall further into debt and have you wondering if bankruptcy is the next step.

Before you file for bankruptcy, you should learn what happens to personal loans and how you can avoid issues that cause delays or adverse decisions in your case.

Family law: Divorcing with kids during the holidays

On behalf of The Law Offices of W. Robert Montgomery posted in family law on Wednesday, December 5, 2018.

Most people, including family law attorneys, would agree that divorce is one of the most challenging life events a family will ever face. When the divorce is still ongoing during Christmas or other major holidays, these challenges can increase even more. Some issues that may arise during a holiday divorce include the following:

Dividing the festivities between each parent
Making sure the children get equal time with each parent
How to handle gift-giving for the kids
Making sure the children have contact with their grandparents

Most parents would prefer to avoid divorcing over the holidays, but sometimes, a divorce takes longer than anticipated. In other cases, perhaps the couple simply could not wait any longer to make the break. Whatever the reason, getting a holiday divorce can and does happen.