Understanding the Creditor’s Position in Bankruptcy When a borrower files for bankruptcy in Colorado, it can place lenders in a difficult position. Automatic stays stop collection efforts immediately, and the borrower’s assets are now under the oversight of a bankruptcy court. Despite these challenges, creditors still have legal tools available to protect their interests. Lenders […]
Few experiences are as frustrating or surprising as discovering your vehicle has been repossessed. Whether it happens at work, at home, or in a parking lot, a sudden repossession can leave you feeling powerless and unsure of your rights. But what if the repossession wasn’t legal to begin with? In Colorado, borrowers and creditors both […]
When businesses face disputes that escalate into legal action, strong evidence is often the key to achieving a favorable outcome. In Colorado commercial litigation cases, presenting clear, credible evidence can determine whether your case succeeds in court or during settlement negotiations. Whether you’re pursuing a breach of contract claim, collecting unpaid debts, or defending your […]
Winning a lawsuit is a significant victory, but for creditors, the process doesn’t end there. A court judgment confirms that a debt is owed, but it does not automatically ensure payment. Creditors must take further action to collect, and timing is critical. Colorado law provides a limited window for enforcing judgments, meaning creditors must act […]
For many businesses, unpaid debts can create significant financial challenges. When clients or vendors fail to pay, it disrupts cash flow, delays growth, and forces businesses to divert resources toward collections instead of expansion. While some debts can be recovered through simple reminders and follow-ups, others require legal intervention. Understanding your rights and the available […]
When a business files for bankruptcy, it can create uncertainty and financial strain for its creditors. Whether you are a lender, supplier, or service provider, understanding your legal rights is essential to improving your chances of recovering outstanding debts. In 2025, bankruptcy laws continue to evolve, affecting how creditors can assert their claims and protect […]
BANKRUPTCY PROCEDURE UPDATE:
NEW RULE ON PROOF OF CLAIM FILINGS
Query: ARE YOU “PAPER FILING” YOUR PROOFS OF CLAIM?
(hint: Not Anymore!)
Effective December 1, 2008, mandatory electronic filing will apply to creditors who file, on the average, two or more proofs of claim per week. This new rule is called General Procedure Order 2008-5.
In addition, creditors are required to complete the Court’s registration form, obtain a procedure manual from the Court and be assigned an electronic login, in that order.
Strict foreclosure is a little known process where a lender can take back assets in satisfaction of the debt. It eliminates the costly legal and accounting requirements associated with a receivership. This article will explain the process in the context of a hypothetical business borrower in default.
World of Widgets (“WOW”) operates in a strip mall and enjoys a solid
MY ATTORNEY SAID RETAIL VALUE APPLIES, RIGHT? The value of collateral in bankruptcy has always been a point of contention. The new bankruptcy law, known as BAPCPA, became effective October 17, 2005, and sought to clarify this issue. One of the creditor friendly provisions of BAPCPA was contained in 506(a)(2) of the Bankruptcy Code, concerning A value and provides:
