Swift Stephen H Atty PC

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Q: What is our mission? A: It is our mission to help you to be at peace with the difficult decision to file bankruptcy. It is our goal to improve relationships at home by relieving the stress brought on by excessive debt. We love this area of the law for two reasons: the large degree of client satisfaction experienced by our clients and the interesting people we meet as we work with you to solve difficult problems. Q: What distinguishes your firm from other attorneys practicing in this area? A: The attorneys working for the Law Office of Stephen H. Swift, P.C., are some of the most experienced bankruptcy practitioners in Southern Colorado. Our attorneys presently have over 40 years of combined experience. We have nine full and part-time employees. By having such a staff, it is our goal to attend to your needs and to answer your concerns more quickly. Mr. Swift has successfully handled thousands of bankruptcy cases. Some of the cases have involved complex issues such as the discharge of student loans (Loudy vs. U.S. Department of Education), the discharge of federal and state taxes (In re Smith), allegations of fraud (Twin Duchess vs. Vanaman) and the discharge of pension fund benefits (Colorado Ironworkers Trust Fund vs. Popovich). Q: What is bankruptcy? Will it wipe out my debt? A: Bankruptcy is an action in the federal bankruptcy court designed to assist you to either eliminate or repay their debt. This is done under the protection of the bankruptcy court. Most people file either under Chapter 7 (Liquidation) or Chapter 13 (Repayment Plan). Under Chapter 7 you ask the bankruptcy court to wipe out (discharge) your debt. Under Chapter 13 you file a plan with the bankruptcy court proposing how you will repay your creditors. Under Chapter 13 some debts are paid in full while others may receive partial or no payment at all, based upon what you can afford. Q: How does filing bankruptcy help protect me from creditors? A: When you file a petition for bankruptcy relief, a court order called Aan automatic stay@ immediately goes into effect. The stay is a temporary injunction that prohibits your creditors from trying to collect or take action on any debt that you owe. Creditors are no longer allowed to call you at home or at work. They cannot contact you in any way other than through your attorney. They are prohibited from garnishing your wages, seizing your bank accounts or placing liens on your home. Q: What types of debt are not dischargeable? A: Certain types of debt cannot be discharged in bankruptcy. These include child support, alimony, and certain kinds of taxes. Student loans will not be discharged unless you can demonstrate that you will never be able to repay them because of undue hardship. Other debts could survive the bankruptcy if the creditor can show the court a legal reason for it to deny forgiveness of the debt such as fraud. Q: What are the differences between filing a Chapter 7 and a Chapter 13? Which one will let me keep my property? A: In a Chapter 7 Bankruptcy you ask the court to discharge as much of your debt as is allowed by law.

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