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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38910
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I HAVE A QUESTION ABOUT CARS I HAVE PURCHASED RECENTLY. I

Customer Question

I HAVE A QUESTION ABOUT CARS I HAVE PURCHASED RECENTLY. I HAVE NO ONE I CAN CONSULT WITH. I CANNOT DO THIS BY MYSELF. PLEASE HELP!! JERRY XXXXXXXX  [email protected]

Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  zdnlaw replied 4 years ago.
Hi,

Thank you for contacting us.

What is your question?
Customer: replied 4 years ago.

I have already sent the question. I need some help right now. I have already paid $40. let me talk with this lawyer.

Expert:  zdnlaw replied 4 years ago.
I'm here, but I do not see that your question posted. This was likely a technical error, which sometimes happens on this website. There's nothing I can do except ask you to retype your question here so that I can address it.

Thanks,
ZDN
Customer: replied 4 years ago.

I have two setting in my driveway and I CANNOT PAY FOR THESE CARS. I HAVE TALKED WITH THE DEALERSHIP MANAGER WITH NO RESULTS. I AM CONTEMPLATING DECLARING BANKRUPTCY
AS I CANNOT NEGOTIATE MYSELF ALONE. PLEASE HELP!!

Expert:  zdnlaw replied 4 years ago.
I'm going to refer you to one of our bankruptcy specialists.

Please be patient and someone will be along shortly to assist you.

-ZDN
Customer: replied 4 years ago.
Relist: Incomplete answer.
NO FURTHER DEALING OVER THE INTERNET. I HAVE TO TALK WITH A HUMAN RIGHT NOW!!!!!
Expert:  socrateaser replied 4 years ago.
Hello,

Different contributor here. Please permit me to assist.

I understand that you are feeling desperate at the moment, however, if you are willing to bear with me, maybe we can "lower the heat" on the issue.

In Colorado, certain property is considered "exempt" from seizure in bankruptcy -- which means that you get to keep it, regardless of your filing bankruptcy and no matter how much you may owe your creditors. I will list the property below. After you review the list, please tell me if there is any property that you hold which does not fit within the exempt property list. Then we can discuss whether or not bankruptcy is a way out of your difficulties.

Note: I realize that you want to speak with someone -- however, here at justanswer.com, all correspondence must be conducted through the website interface. If this is simply unacceptable, then let me know and I will send a request to customer service to refund your deposit.

Thanks in advance. Exempt property list follows, below:

Homestead

38-41-201, 203, 207 - Real property up to $60,000; if a dependent, spouse, or owner is over 60 years of age and disabled, $90,000. The proceeds of a sale are exempt after 2 years have passed since they were received.

38-41-204 - Spouse or child of deceased owner can also qualify for homestead exemption.

Personal Property

13-54-102 - Bicycles and motor vehicles that are used to travel to work up to $5,000 (up to $10,000 if used by elderly or disabled debtor or dependent); clothing to $1,500; health aids; household goods to $3,000; food and fuel up to $600; 1 burial site per person; jewelry and articles of adornment up to $2,000; family pictures and books to $1,500; security deposits; proceeds for damaged exempt property; personal injury recoveries.

Wages

13-54-104 - Either minimum 75% of earned but unpaid wages, insurance, and pension payments or 30 times the federal minimum wage. The greater of the two amounts will be used.

In re Nye, 210 B.R. 857 (D. Colo. 1997)

In re Kobernusz, 160 B.R. 844 (D. Colo. 1993)

Pensions

11 U.S.C. § 522 - Tax exempt retirement accounts (including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans).

11 U.S.C. § 522(b)(3)(C)(n) - IRAS and Roth IRAs to $1,171,150.

13-54-102 - ERISA-qualified benefits, including IRA's and Roth IRAs. Veteran's pension if veteran served in armed conflict or war.

24-51-212 - Public employees' pensions, defined contribution plans and deferred compensation.

31-30.5-208 - Police officers and firefighters.

Public Benefits

8-42-124 - Workers' compensation.

8-80-103 - Unemployment compensation.

13-54-102 - Veterans' benefits for veteran, spouse or child if veteran served in war. Crime victims' compensation. Earned income tax credit. Disability benefits up to $3,000.

26-2-131 - Aid to blind, aged and disabled as well as other public assistance.

Tools of Trade

13-54-102 - Stock in trade, supplies, fixtures, maps, machines, tools, electronics, equipment, books, and business materials to $20,000; library of a professional to $3,000; livestock or other animals, tractors, farm implements, trucks used in agriculture, harvesting equipment, seed, and agricultural machinery and tools to $50,000. National Guard members' personal military equipment.

Alimony and Child Support

13-54-102.5 - Child support

Insurance

10-7-106 - Life insurance proceeds if policy prohibits use to pay creditors.

10-7-205 - Group life insurance policy or proceeds.

10-14-403 - Fraternal benefit society benefits.

10-16-212 - Disability benefits up to $200 per month. Entire amount is exempt if it was received in one lump sum.

13-54-102 - Life insurance cash surrender value up to $100,000. Contributions made within the past 48 months will be excluded.

38-41-209 - Homeowners' insurance proceeds for 1 year after received, up to homestead amount.

Misc.

7-60-125 - Business partnership property.


END