The library
Clear answers about bankruptcy and student loans
I wrote these articles to answer the questions I hear most often, carefully and in plain language. Many people come to me after being told the wrong thing somewhere else, and I want you to have accurate information whether or not you ever call.
Every article is general information about Colorado and federal law, written and reviewed by me, and dated so you can see when it was last checked. Your own case turns on its own facts.
2 articles
Student loans
The specialty. How discharge actually works, what the government's form asks, and what the recent federal changes mean.
Can federal student loans be discharged in bankruptcy?
Yes, on a showing of undue hardship. How § 523(a)(8), the Brunner test, the Tenth Circuit and the 2022 DOJ attestation process work for Colorado borrowers.
11 minute read
The student loan attestation, explained: what the government's form asks and how it is evaluated
What each section of the DOJ student loan attestation asks, how IRS expense standards and the presumptions work, and what happens after you submit it.
10 minute read
4 articles
Bankruptcy
The mechanics, explained for an adult: who qualifies, what you keep, and what the process asks of you.
The Colorado bankruptcy means test, explained
How the Chapter 7 means test works in Colorado: current monthly income, the state median by household size, allowed expenses, and why timing the filing matters.
11 minute read
What you keep: Colorado bankruptcy exemptions explained
What Colorado bankruptcy exemptions protect: home equity, vehicles, retirement, wages, and tax credits, plus the rules for people who moved here recently.
11 minute read
Bankruptcy when you have a higher income: why it happens, and what Chapter 13 actually looks like
Why households earning $90,000 to $250,000 end up considering bankruptcy, how the means test really treats them, and what a five-year Chapter 13 plan involves.
12 minute read
Bankruptcy and divorce in Colorado: which comes first, and why it matters
Filing bankruptcy before, during or after a Colorado divorce changes what gets discharged, who pays joint debt, and how property is divided. How to sequence it.
11 minute read
3 articles
Before you decide
The choices people make in the year before they call, and which ones are expensive.
Debt settlement or bankruptcy? An honest comparison
How debt settlement, credit counseling, consolidation loans and bankruptcy compare on cost, time, credit, lawsuits and taxes, and when settlement makes sense.
12 minute read
Should you cash out your 401(k) or IRA to pay off debt? Usually not. Here is why.
Retirement accounts are protected in bankruptcy, and a withdrawal costs taxes, a penalty, and decades of growth. What to know before you touch your 401(k) or IRA.
9 minute read
Medical debt in Colorado: your rights, your options, and when bankruptcy makes sense
Colorado limits how medical debt is reported, billed and collected. What the law protects, what to do first, and when bankruptcy is the better answer.
11 minute read
If your question is not here
Please ask me directly. You can call my office or book a Strategy Session yourself, and no one will pressure you.