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Clark Dray

Clark Dray

The Law Office of Clark Daniel Dray
  • Bankruptcy, Estate Planning
  • Colorado
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Lawyer Rating and Reviews
Legal Knowledge
5.0/5.0
Legal Analysis
5.0/5.0
Communication Skills
5.0/5.0
Ethics and Professionalism
5.0/5.0
Rating: 10 Justia Lawyer Rating - 10 out of 10
Clark is an excellent attorney who thoroughly understands the law. He works hard for his clients and always gives them the best advice and representation. When I'm unable to represent the client, I never hesitate to refer them to Clark.
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Summary

Whether you’re planning for the future by preparing your will, trust, or power of attorney or looking for a fresh start with a chapter 7 bankruptcy, chapter 13 bankruptcy, tax debt installment agreement, or offer in compromise, Colorado bankruptcy, estate planning, and tax resolution lawyer Clark Dray will oversee your case from beginning to end.

The Law Office of Clark Daniel Dray sets itself apart from other firms by providing unprecedented access to your attorney. By working with a limited number of clients, The Law Office of Clark Daniel Dray can provide the personalized service and attention to detail that are essential to successful legal representation. We offer a free initial consultation, affordable rates, and payment plans to fit every budget.

To set up a free consultation in Broomfield, Boulder, Downtown Denver, the Denver Tech Center, Golden, Littleton, Louisville, or Lone Tree, just call us at 303-900-8598 and we'll work around your schedule.

The Law Office of Clark Daniel Dray is a debt relief agency and help people obtain financial relief by filing for personal bankruptcy under the Bankruptcy Code.

Practice Areas
  • Bankruptcy
  • Estate Planning
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Colorado
Languages
  • English: Spoken, Written
Professional Experience
Owner
The Law Office of Clark Daniel Dray
- Current
Education
The Ohio State University Michael E. Moritz College of Law
J.D. (2009) | Law
-
Awards
2016 Clients' Choice
Avvo
Professional Associations
Colorado Consumer Bankruptcy Association
Current
National Association of Consumer Bankruptcy Attorneys
Current
Legal Answers
22 Questions Answered

Q. If i owe a somebody filing bankruptcy money, and there is no written contract nor payment arrangement, what can happen
A: The bankruptcy trustee steps into the shoes of the Debtor. This means the trustee can sue you for the money. Whether or not he or she does so will depend on whether the Debtor discloses the claim, which he or she must, and whether the trustee thinks he or she could prevail in a suit against you.
Q. Hello I did speak with an attorney and was told IRA's are exempt.
A: I believe that this question stems from an earlier one about whether you should move money from your bank account to an IRA prior to filing bankruptcy. There is no question that funds held in an IRA are subject to both federal and state exemptions. My point was that the act of converting a non-exempt asset into an exempt asset immediately prior to bankruptcy can be considered a form of fraud. As such, you need to hire a good bankruptcy lawyer who can properly advise you about asset protection strategies because the specifics are beyond the scope of a forum like this.
Q. I am considering bankruptcy and have money in the bank , should I move the money to an IRA account prior to filing ?
A: No, you shouldn't make any moves like this without first consulting a local bankruptcy attorney. Pre-bankruptcy asset planning is tricky and shouldn't be done without a full understanding of the risks. Certain activities including moving money around can be avoided by the trustee and put you in a worse position than had you left it where it was.
Q. If you file Chapter 7 bankruptcy but not on your home and land could the courts take your property and home and sell it
A: In bankruptcy, you get to retain any assets which are covered by state and federal exemptions. The key to determining whether your home will be safe in bankruptcy is determining how much equity you have in your home (the home's value less any mortgages, liens, etc.) and how much equity your state's exemption protects. Use Justia's Find a Lawyer tool to set up a consultation with a local bankruptcy attorney who will do this analysis as part of your consultation.
Q. I had a chapter 7 discharge three years ago. I’m currently in a chapter 13 plan.
A: The relevant dates are the filing dates of your two cases. If your 13 was filled it least 4 years after your 7 was filed, you might be able to get a hardship discharge in the current case. If your 13 was filed within 4 years of the Ch. 7 filing, you won't get a discharge in this case. Talk to a local bankruptcy attorney so you can get accurate dates and an expert opinion on what judges in your district are looking for in a motion for a hardship discharge. This lawyer can also make suggestions about how to keep yourself safe from creditors if you need to dismiss the current case and wait until you're eligible for a new Ch. 7.
Q. Are you legally required to continue paying charges on a credit card if the cardholder files bankruptcy?
A: I'm sorry, your question it's a little vague so this might not be what you're asking. If you're a joint account holder on the card, your liability isn't discharged by your co-debtor's bankruptcy. This means that they can come after you if you stop paying.
Q. My father was approved for a mortgage but must pay a credit card filled under bankruptcy as closing costs. Is this legal
A: I suspect that they want the credit card paid because it's showing an outstanding balance. Your father may want to consider figuring out which credit report is still showing the outstanding balance and file a dispute so the card shows as discharged in bankruptcy. Once the balance is resolved, the underwriter may be willing to proceed. Alternatively, your father may provide the underwriter with a copy of his bankruptcy petition and discharge order so they can see that the debt's been resolved. If this doesn't solve the problem, he needs to decide whether it's worth paying the debt to satisfy them, or find a different lender.
Q. What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts
A: I strongly suggest you speak with an experienced probate lawyer in your area. While you can pay the mortgage and get it caught up to avoid the foreclosure, the bigger issue is the question of how you get this home in your name. You'll have to administer your parents' estates to make this happen, and part of that process will be resolving their debts. If there's equity in the home, you may be required to sell in order to pay their debts before making any distribution to yourself. As such, it may not make much sense to throw a bunch of money at the home in an effort to keep it, if you can't actually keep it. While you're not currently liable for their debts, if you fail to properly administer their estates you may create liability for yourself. On the bankruptcy side of things, because your parents are deceased, they're not eligible to be Debtors under the bankruptcy code.
Q. I am having problems with bank about a past bankruptcy
A: Please correct me if I've misunderstood, but in your question you indicated that you filed bankruptcy in 2008, but then refinanced the car in 2011. If the refinance took place after the bankruptcy, that's new debt which isn't included in the 2008 case. As such the creditors are within their rights to attempt to collect. There might be other defenses to the collection efforts. For example, the statute of limitations may have run on the debt, but for this you need to talk to a local bankruptcy attorney to get a better idea of your options.
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Contact & Map
The Law Office of Clark Daniel Dray - Broomfield Office
6343 W 120th Ave #211
Broomfield, CO 80020
USA
Telephone: (303) 900-8598
The Law Office of Clark Daniel Dray - Denver Office
1624 Market St #202
Denver, CO 80202
USA
Telephone: (303) 586-4087
The Law Office of Clark Daniel Dray - Boulder Office
4845 Pearl E Cir #101
Boulder, CO 80301
USA
Telephone: (303) 848-2864
The Law Office of Clark Daniel Dray - Park Meadows Office
9233 Park Meadows Dr
Lone Tree, CO 80124
USA
Telephone: (720) 789-2816
The Law Office of Clark Daniel Dray - Louisville Office
357 S McCaslin Blvd #200
Louisville, CO 80027
USA
Telephone: (303) 953-4007
The Law Office of Clark Daniel Dray - Littleton Office
4 W Dry Creek Cir #100
Littleton, CO 80120
USA
Telephone: (720) 675-7614
The Law Office of Clark Daniel Dray - Golden Office
14143 Denver W Pkwy #100
Golden, CO 80401
USA
Telephone: (720) 445-9874
The Law Office of Clark Daniel Dray - Greenwood Village Office
7350 E Progress Pl #100
Greenwood Village, CO 80111
USA
Telephone: (303) 327-9721