The Bruntz Law Firm, LLC The Bruntz Law Firm, LLC 2025-12-10T15:26:58Z https://www.bruntzlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104163/2024/12/cropped-Bruntz-site-icon-c-32x32.png On Behalf of The Bruntz Law Firm, LLC <![CDATA[Choosing between chapter 7 and 13 bankruptcy in Colorado]]> https://www.bruntzlaw.com/?p=254073 2025-12-10T15:26:58Z 2025-12-10T14:27:17Z You may reach a point where your debt feels heavier than anything you can manage and you start wondering what kind of reset might help you move forward. Many people in Colorado look at Chapter 7 and Chapter 13 bankruptcy as possible paths when other options feel out of reach.

How do chapter 7 and chapter 13 differ?

You usually see chapter 7 as a quicker option that clears many unsecured debts, although you still need to meet income rules known as the means test. Colorado exemption laws protect certain belongings to a point and the protection level depends on the type of property and its value. You may want to look at these limits early so you understand what you can likely keep. On the other hand, chapter 13 works through a repayment plan that often lasts three to five years. You make regular payments, and the structure may help you catch up on secured debts. Many people choose chapter 13 when they want more time to manage overdue mortgage or vehicle payments or when their income does not meet chapter 7 eligibility rules.

What factors might guide your choice?

You may want to look at your current situation and long term plans. Your decision often becomes clearer once you consider points like:
  • You face wage garnishment or intense collection activity
  • You risk losing your home due to overdue mortgage payments
You might also look at the amount of secured debt you carry and how much time you need to catch up. These questions often help you see which chapter may align more naturally with your goals.

How do Colorado exemption laws affect your path?

Because Colorado has opted out of the federal exemption scheme, you use Colorado’s own set of exemption rules instead of federal exemptions. This choice means Colorado law decides what property you can protect, including the equity in your home, vehicle, work tools and household items. These limits change from time to time, so you may want to review the current figures to understand what assets you can likely keep.

Finding a path that supports your financial reset

Your decision may feel more manageable once you understand how each chapter works, how your property fits within Colorado’s exemption rules and what kind of structure you want moving forward. A clearer picture of your needs often gives you the confidence to take the next step toward steadier financial ground.]]>
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On Behalf of The Bruntz Law Firm, LLC <![CDATA[When can parents modify an existing child support order?]]> https://www.bruntzlaw.com/?p=254071 2025-11-17T18:17:26Z 2025-11-17T18:17:26Z Modifications require significant changes Reviewing child support orders as time goes by can be wise. Doing so ensures they remain fair and reasonable. However, actually changing child support orders is not something to do casually. The parent requesting a support modification typically has to show a substantial change in circumstances. Examples include:
  • A parent loses a job or is involuntarily moved to a lower-paid position
  • The recipient spouse or the children face medical challenges that increase the need for support
  • The balance of parenting time shifts dramatically
  • Childcare expenses increase or decrease
  • A child’s healthcare needs change
Those hoping to change their child support orders typically need to review their finances carefully to see if a formal modification may make sense. Requesting a child support modifications can help parents fulfill their financial obligations to their children in many cases. It is crucial to reiterate that child support modification is not something parents should take lightly. Even when parents agree on a change, courts must approve it in order to enforce new terms. Thus, following the proper legal and procedural steps can be essential in securing a fair outcome.]]>
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On Behalf of The Bruntz Law Firm, LLC <![CDATA[Making informed choices about bankruptcy in Colorado]]> https://www.bruntzlaw.com/?p=254069 2025-10-10T15:07:33Z 2025-10-10T15:07:33Z Understanding your options When you consider bankruptcy in Colorado, you have two main choices. Each option works differently and fits certain financial situations. Bankruptcy follows federal law, but Colorado law decides what property you can keep. Knowing these rules helps you plan your next steps with confidence. The two main types of consumer bankruptcy are:
  • Chapter 7: This clears most unsecured debts, such as credit cards and medical bills. Some debts, such as recent taxes and student loans, usually cannot be discharged. You may have to give up some non-essential assets, but Colorado's exemption laws protect key property. This includes a portion of your home's equity and part of your vehicle's value.
  • Chapter 13: This allows you to keep your property while repaying part of your debts. You follow a court-approved plan that lasts three to five years. It works best for people with a steady income who have fallen behind but can manage consistent payments.
Your income, total debt and financial goals determine which chapter may fit best. If you're unsure which route to take, speaking with someone who understands bankruptcy law can provide clarity and peace of mind.

The impact on your future

Bankruptcy offers a fresh start, but it can impact your credit for a period of time. A Chapter 7 case stays on your credit report for 10 years. A Chapter 13 case usually remains in effect for seven years. Even so, many people start rebuilding credit within a few years. Regular payments and careful budgeting help restore financial stability. The relief from debt collection and lawsuits often outweighs the short-term impact on credit. Bankruptcy's automatic stay can also stop collection calls and wage garnishments, giving you time to regroup.

Alternatives to bankruptcy

Before you file, explore other debt relief options. Credit counseling agencies can help lower payments or reduce interest. Debt consolidation can merge several bills into one manageable payment. Some lenders also offer hardship programs for short-term relief. These options often work well if your financial challenges are temporary.

Getting legal guidance

Colorado bankruptcy laws can be complex. Rules about exemptions and eligibility can be confusing without help. Reaching out to a local bankruptcy attorney for guidance may help make the process easier to understand. They can walk you through your choices and help you make a decision that aligns with your goals. Taking time to learn about your options protects both your finances and peace of mind. With thoughtful guidance, bankruptcy can mark the start of financial recovery—not the end. If debt feels unmanageable, consider discussing your situation with a Colorado bankruptcy attorney who can guide you toward practical next steps.]]>
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On Behalf of The Bruntz Law Firm, LLC <![CDATA[What are the rules for property division during divorce?]]> https://www.bruntzlaw.com/?p=254067 2025-09-10T12:15:43Z 2025-09-10T12:15:43Z Marital property is subject to division Some people struggle to identify their marital resources. They mistakenly believe that the names on financial accounts or vehicle title documents determine who owns them, for example. Generally speaking, even assets held in the name of one spouse can theoretically be marital property during divorce proceedings. The income earned during marriage and any assets acquired with marital income are usually subject to division during divorce. Some assets may have protection as separate property. Spouses generally do not need to divide resources designated as separate in marital agreements. They may also be able to protect assets that they owned before marriage, property that they received as gifts and inherited resources.

Property division should be fair

Some people assume that property division proceedings lead to an even or 50/50 split of marital property. However, Colorado uses an equitable distribution standard for property division. The focus is on what is fair given unique marital circumstances. Judges dividing the marital estate may look at the length of the marriage, the income of each spouse, the unpaid contributions of each spouse, and even custody arrangements when deciding what is fair and appropriate. Litigated property division proceedings also generally require that spouses provide formal disclosure of their resources and financial obligations to one another in the courts. People preparing for property division negotiations or anticipating litigation likely need to learn about the process to obtain the best possible outcome. Reviewing one’s marital estate with a skilled legal team can help people establish goals for the divorce process and lay the foundation for a stable life after divorce.]]>
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On Behalf of The Bruntz Law Firm, LLC <![CDATA[How long does it take to complete a Chapter 13 bankruptcy?]]> https://www.bruntzlaw.com/?p=254065 2025-08-20T11:21:38Z 2025-08-20T11:21:38Z Repayment plans require years to complete The main requirement that separates a Chapter 7 bankruptcy from a Chapter 13 case is the requirement to complete a repayment plan. Instead of liquidating their assets to repay creditors, they commit to monthly payments facilitated by the courts until they qualify for a discharge. The filer reports the debts that might be eligible for discharge. They then attend a meeting with representatives from their creditors and the court-appointed trustee overseeing their case. They negotiate a repayment plan that generally requires that they commit most of their disposable income toward a monthly payment. Depending on the details of the situation, the repayment plan could last for anywhere from three to five years. It may take anywhere from slightly more than three years to five and a half years or possibly even longer to complete a Chapter 13 bankruptcy. The duration of the repayment plan and how quickly the filer secures hearings influence the final timeline for the process. Although Chapter 13 bankruptcy can take a filer years to complete, it can help people preserve their resources while simultaneously eliminating their most pressing financial obligations. Learning the basics about Chapter 13 bankruptcy can help those with valuable property or above-average income evaluate whether this option is appropriate for them.]]> 0 On Behalf of The Bruntz Law Firm, LLC <![CDATA[Crafting a comprehensive parenting plan: Balancing needs during divorce]]> https://www.bruntzlaw.com/?p=253935 2025-06-12T16:47:29Z 2025-06-12T16:47:29Z Going through a divorce is challenging for both parents and children. A parenting plan ensures that both parents are on the same page when it comes to raising their children after separation. Crafting a balanced plan that addresses everyone’s needs is essential for a smoother transition post-divorce.

Understand the key elements of a parenting plan

A well-drafted parenting plan should cover the basics such as physical custody, visitation schedules, and decision-making authority. When creating the plan, focus on both the children's needs and the practicalities of daily life. It should also specify who handles medical, educational, and extracurricular decisions. Ensure that both parents are involved in major decisions, which helps promote cooperation.

Be realistic about the schedules and needs

Divorced parents often struggle with the complexities of managing schedules. Balancing work, social commitments, and personal needs can be difficult when co-parenting. A successful plan considers each parent’s work schedule and the children's routines. Flexibility is crucial—there may be occasions when changes are needed. While consistency is important for children, allow room for adjustments when needed, such as during school breaks or special family events.

Prioritize effective communication and conflict resolution

Clear communication between co-parents is critical for maintaining a healthy relationship post-divorce. Establishing regular communication channels, such as a co-parenting app or designated times for discussions, ensures both parents stay informed. In cases of disagreement, focusing on the best interests of the child can help reduce tension. Agreeing on a conflict resolution process within the parenting plan is essential for smooth co-parenting. While it may seem overwhelming, crafting a comprehensive parenting plan sets the foundation for positive parenting after divorce. By focusing on the children’s needs, flexibility, and open communication, you can create a plan that helps both parents support their kids in a balanced, healthy way.]]>
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On Behalf of The Bruntz Law Firm, LLC <![CDATA[Navigating the division of assets: Handling second homes in divorce settlements]]> https://www.bruntzlaw.com/?p=253932 2025-04-29T20:10:52Z 2025-04-29T20:10:52Z Dividing assets in a divorce presents challenges, especially when it involves a second home. Whether it's a vacation home, rental property, or family cabin, the second home holds both financial and emotional value. This blog will explore how divorce settlements handle second homes and what options you can consider.

How is a second home divided in a divorce?

In Colorado, the division of a second home during a divorce follows the principle of equitable distribution. This means the court will divide property fairly, though not necessarily equally, based on factors like the property’s value and the couple's financial situation. Colorado is not a community property state, so assets acquired during the marriage are subject to equitable distribution, and the court considers each spouse’s contributions to the property, both financial and non-financial. It’s important to determine whether the second home qualifies as separate property or marital property. If you purchased it before the marriage, it could remain separate. However, if you bought it during the marriage, the court may consider it marital property, subject to division.

What options do you have for the second home?

After classifying the second home, you have a few options. One choice is to sell the home and split the proceeds. This option simplifies matters, though it may not feel ideal if the home holds sentimental value. Alternatively, one spouse may buy out the other’s share. Both spouses need to agree on the home’s value, usually through a professional appraisal. The spouse keeping the property assumes responsibility for the mortgage, property taxes, and maintenance costs.

What if you can’t agree on the second home?

If you can’t reach an agreement, mediation or court intervention may become necessary. Mediation provides a neutral space for both parties to negotiate, while a court ruling offers a legally binding decision. A court may order the second home to sell, with the proceeds divided between the spouses. If the home holds significant value or relates to one spouse’s career or lifestyle, the court may consider these factors in its ruling. Dividing a second home can stir emotions, but understanding your options allows you to make a decision that aligns with your needs. Whether you choose to sell, buy out the other spouse, or pursue mediation, grasping the role the property plays in the settlement helps guide your decision.]]>
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On Behalf of The Bruntz Law Firm, LLC <![CDATA[Can one co-parent send their children to overnight summer camp?]]> https://www.bruntzlaw.com/?p=253928 2025-03-08T23:02:39Z 2025-03-08T23:02:39Z Parents may share decision-making authority Divorced or separated parents typically share parental rights and responsibilities. They usually receive an allocation of parenting time. They also frequently share decision-making authority. Either parent potentially has the right to make decisions during their own parenting time. If the camp session is only for three days and two nights, it might fall entirely during one parent's time with the children. Provided that they can afford the camp on their own, one parent may be able to make the decision to send the children without seeking input from the other parent. That being said, amicable co-parenting generally requires consistent communication and cooperation. The parent supporting the request to attend summer camp may need to discuss that choice with the other parent. In scenarios where they may require assistance paying for the camp or when the duration of the camp session infringes on the other parent's time with the children, the consent of the other parent in the family is likely mandatory. In cases where there is a significant disagreement about the children attending camp, parents might need to take the matter to family court. Judges can make decisions about specific disputes. They can also modify the allocation of parental rights and responsibilities based on the conduct of the parents. Learning more about the rules that govern shared parental rights and responsibilities can help parents dealing with a decision-making dispute. Both parents usually have a degree of legal authority, which means that cooperation is often necessary for big decisions related to their children.  ]]> 0 On Behalf of The Bruntz Law Firm, LLC <![CDATA[Bankruptcy basics: What you need to know]]> https://www.bruntzlaw.com/?p=253926 2025-02-24T22:54:15Z 2025-02-24T22:54:15Z Bankruptcy helps people and businesses struggling with overwhelming debt. It provides a legal way to get relief by either eliminating debt or creating a repayment plan. The two most common types for individuals are Chapter 7 and Chapter 13 bankruptcy. Chapter 7 allows for the liquidation of non-exempt assets to pay creditors, while Chapter 13 sets up a repayment plan over three to five years.

The automatic stay

Filing for bankruptcy triggers an automatic stay, which immediately stops most collection actions. Creditors must halt wage garnishments, lawsuits, foreclosure proceedings, and harassing calls. This protection remains in place until the case is resolved or a court lifts the stay.

Dischargeable vs. non-dischargeable debts

Bankruptcy can eliminate certain debts, but others remain. Dischargeable debts include credit card balances, medical bills, and personal loans. Non-dischargeable debts include most student loans, child support, alimony, and some tax debts. Secured debts, like mortgages and car loans, may require continued payments or surrendering the asset.

The bankruptcy timeline

The process length depends on the type of bankruptcy filed. Chapter 7 cases typically last three to six months from filing to discharge. Chapter 13 cases take three to five years since they involve repayment plans. Both types require financial disclosures, credit counseling, and attending a meeting of creditors, where a trustee reviews the case.

Life after bankruptcy

After discharge, a fresh financial start begins. Credit scores may drop, but responsible money management can help rebuild credit. Secured credit cards, budgeting, and paying bills on time improve financial standing over time. Some debts, like mortgages, may require reaffirmation agreements to maintain ownership of property. Bankruptcy may be an option if debts are unmanageable, collection actions are constant, and other financial solutions have failed. Researching available bankruptcy options and understanding the legal process can help in determining the right course of action based on individual circumstances.]]>
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On Behalf of The Bruntz Law Firm, LLC <![CDATA[3 options for business owners during divorce]]> https://www.bruntzlaw.com/?p=253924 2025-02-12T21:12:15Z 2025-02-12T21:12:15Z Option 1: Co-ownership Some divorcing couples decide to continue co-owning the business post-divorce. This arrangement requires a significant amount of mutual trust and respect, effective communication and clear legal agreements outlining each party's responsibilities and dispute resolution methods. If you choose to remain co-owners, drafting a detailed agreement is crucial. This document should outline the terms of ownership, management roles and financial responsibilities of each person after divorce. You may also want to have a plan in place if either person wants to exit the business in the future.

Option 2: Buyout

One common solution is for one spouse to buy out the other’s interest in the business. You may buy out your spouse’s share in one cash payment or structured payments over time. You may also choose to let your spouse keep other assets like your family home in exchange for their share of the company. A buyout allows you to move forward as the sole owner of your business. However, it also requires careful financial planning. You may need to negotiate terms that are fair to both you and your spouse and that will support the long-term success of your company.

Option 3: Sale

In some cases, you may choose to sell your business. This option provides a solution in situations where co-ownership or a buyout is not feasible. You and your spouse will then divide the money from the sale along with other possessions. A sale can be disruptive and emotional, especially if the business represents a lifelong endeavor. It also requires you to find a buyer, which may mean waiting for a price that reflects the value of your company or accepting a lower amount to make the sale quickly. However, it also provides you with a clean break and additional funds to begin a new venture. Divorce involving a business is undoubtedly challenging. With the right approach, however, business owners can protect both their personal and professional interests during the property division process.]]>
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