Any good attorney's in Colorado?

[cyn5]

Hi - we are getting ready to make some appts with some bk lawyers here in the Denver area. Does anyone have any recommendations for good bk attorneys here in Colorado? Our case might be a little more on the tricky side since we want to see if we can get some of our private student loans discharged (the ones that do not all under the IRS's definition of a "student loan"). Even if we can't, I want an attorney that will at least try to work with us and just not use the "no student loans are dischargable" line on us.

Also, for those in Colorado what has your experience been with the 341 meetings and determining if you are an asset case or not. I have been reading things about appraisers coming out to value your things and it just makes me worried! I don't want my stuff sold at auction

[freelancer47]

I live up in Boulder. And have handled my case pro se. It will depend on what trustee you get, when you file, if they want to look at your stuff. It depends on what you have of worth and also your exemptions.. The student loan, COULD be dischargeable, but YOU or THE lawyer would have to start a adversial proceeding. And show the court why you can't make the payments, you would have to prove certain elements, that most courts use, to determine dischargeability of the student loans. Most courts use what is called the BRUNNER court case. Google-student loans and brunner, or google students and dischargeabilibitly, it is a very hard standard to meet, student loans can be discharged, but it will be costly, depending on the attorney and the aspects of your case.

As for attorneys in Denver, Sharon Grossenbach, I have heard good things about, when I was handeling my case pro se. GOOLGLE:Sharon Grossenbach,

I know alot about bankruptcy law, I just never had the money to go to law school..

If you have any other questions let me know and I will see if I can help..

Melissa

[HHM]

Just FYI on student loans, it doesn't matter what the IRS definition is. The BK code has its own definition...if you borrowed money for an "educational purpose", those loans cannot be discharged, doesn't matter if they are private, public, joe shmoe lending, you cannot discharge students loans unless there is a hardship.

Thus, if an attorney actually told you, I will work with you on the student loans, that attorney has no idea what they are talking about.

[cyn5]

Thanks Melissa and HHM. Yeah, I know the whole student loan thing is so tricky. I have been doing a lot of research on it these last couple of weeks and it seems that certain student loans that are not gov backed may have a chance at getting discharged. Worth a try at least since we are going to file for bk this year. Also, has anyone ever read the book Bankrupt Your studen Loans? Here is a google link that publishes some of the pages of the book: http://books.google.com/books?id=FEW...+loans#PPP1,M1

I know this book seems to deal with federal loans, but I am thinking about ordering it to see if it can give me some insight on the whole student loan thing in general. I can only hope that that the gov reinstate the pre-2005 bk laws (ha ha!).

some other info I have come across states that you can file Adversary Proceedings with the court to have them determine if your private loans are in fact educational loans and whether they can be discharged or not. Not sure if that is correct, but I understand that lawyers do not want to touch this type of thing since of course they want a lot of $$ and it is time consuming. I was thinking that perhaps I would use a lawyer for our ch7 and then do the rest myself (not sure if you can do that or not). Thanks!!!

[HHM]

cyn5...I hate to burst your bubble, but there is nothing "tricky" about student loans, congress, in 2005, basically eliminated any exception except for hardship grounds.

Yes, you can file an AP to determine the "educational purpose". Here is how this hearing will go.

Attorney, on this document, it says you borrowed money to go to school. Is that your signautre.
Cyn5: Yes
Case over.

Let me put it another way, are you willing to spend $10,000+ ""UP FRONT"" to an attorney on a long-shot (because that is what it is going to cost). As for that e-book, if you really look closely at the table of contents, the "only" BK option is the hardship discharge.

[BillyRip]

I am in Colorado as well. They actually send an appraiser out to look at things? I have a few TV's and a few watches and a laptop. Everything else is on the cheap. Desk, bedroom set, living room set, etc. Nothing high end except 1 HD TV and a Dell laptop, and my watches.

Do they just come out or will it be scheduled?