Family law is a challenging, yet satisfying area of practice. It is one of the few fields of law that remains dominated by solo practitioners and small law firms. Family law emphasizes the individual, family, and personal relationships. Assisting a family which is in conflict to find compromises and common ground can profoundly benefit the […]
Arnold & Arnold, LLP Blog
The Colorado Civil Union Act passed the Senate and is currently pending approval from Governor John Hickenlooper. Governor Hickenlooper is expected to sign the civil unions bill into law in a public ceremony on March 21, 2013. Portions of the Act will go into effect May 1, 2013 and the remaining portions will be effective […]
Did a debtor that owed you money just file for bankruptcy? Now you can file a proof of claim form with the Colorado Bankruptcy Court online. First, fill out the proof of claim form, which can be found at: http://www.cob.uscourts.gov/files/mrfa.doc#_Local_Bankruptcy_Form_8 You will need the Colorado Bankruptcy Court number, the debtor’s name, the amount owed and […]
HOW DO YOU KNOW WHAT PROPERTY THE DEBTOR HAS? Rule 69, C.R.C.P. provides for Execution and Proceedings Subsequent to Judgment. The Rule allows a creditor to either serve written interrogatories on the judgment debtor, who must be personally served under Rule 45, CR.C.P., or serve a subpoena on the judgment debtor to appear in Court […]
Addressing Validity of Pre- and Post-Nuptial Agreements. Colorado recognizes the validity of marital agreements. These sorts of agreements are governed by the Colorado Marital Agreement Act, §14-2-301, et seq, C.R.S. Colorado recognizes the enforceability of agreements between both prospective spouses and between present spouses. Unlike most contracts, the enforcing party does not need to demonstrate […]
The Rule of Seven – When does a tenancy terminate? By Jean Arnold. I was never good at my “7’s” in multiplication and division. Thanks to the State Legislature and Colorado Supreme Court, my “7’s” proficiency is improving. Effective July 1, 2012, Senate Bill 175 (SB 12-175), applied the “Rule of Seven” to the provisions […]
Annulment, Divorce or Separation: Helping Clients Understand Their Options (1) Overview. Colorado has enacted no-fault dissolution. There are no grounds other than the marriage is irretrievably broken for the dissolution of a marriage. C.R.S. §14-10-102(2)(c). In like manner, there are no defenses to an action for dissolution of marriage. C.R.S. §14-10-107(5). A respondent may still […]
NEW REQUIREMENTS FOR RULE 45 – SUBPOENAS The Janaury 2013 issue of The Colorado Lawyer has an article on the new Rule 45 – Subpoenas. Colorado Judicial branch nows has a new form subpoena that can be found through our resource page: /Resources.shtml What does this mean for practicing attorneys? We need to tweak our […]
ISSUES WITH COLLECTING A JUDGMENT: FRAUDULENT CONVEYANCES: What happens if you are trying to collect from a debtor and you find that he/she recently transferred all or a large portion of their property to another person, most likely the spouse. I recently became involved in litigation regarding just that issue. The husband owned a large […]
What are the Differences under Chapter 7 and Chapter 13: Secured or Unsecured, payment of judgment, impairment of exemptions? By Jean C. Arnold, Esq. A. Payment of judgment – unsecured debt. In Bankruptcy, it is unlikely the debtor will pay the full amount of the judgment unless the underlying debt is found to be non-dischargeable […]
