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Timothy Canty

Timothy Canty

  • Bankruptcy, Probate, Real Estate Law...
  • Colorado
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Summary

Licensed in all Colorado and Federal courts
Locations in Evergreen and Lakewood or I will meet you somewhere convenient. Always a free consultation.

(303) 670-2185
cantyco@msn.com

Practice Areas
  • Bankruptcy
  • Probate
  • Real Estate Law
  • Tax Law
Fees
  • Free Consultation
    I will quote you a flat fee whenever possible
Jurisdictions Admitted to Practice
Colorado
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Federal Circuit
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US Tax Court
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Education
Lewis & Clark Law School
J.D.
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University of Colorado - Denver
B.A. (1976)
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Websites & Blogs
Website
Website
Legal Answers
68 Questions Answered

Q. In Colorado,can we be forced to sell our home if there's a judgement lien from Credit Card debt ($22,000) on the home?
A: You may be able to avoid this lien in a bankruptcy. Since your husband is over 60, the home is entitled to a $105,000 homestead exemption. If your equity does not exceed this amount, a bankruptcy would allow you to keep the home and lose the lien. There may be other factors involved, so check with an experienced bankruptcy attorney.
Q. My ex-wife was on my deed under her maiden name but filed a quitclaim deed under her married name. Do I need to amend?
A: You may need a quiet title action, but I would try something else first. See if the title company will accept a certified copy of the divorce decree showing the name change. Alternatively, you might file a CRCP Rule 70 motion to ask the court to execute the correction deed in her name.
Q. I am researching the Colorado rent control ban. How do I find out about the original court case that it came from?
A: The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below. https://frascona.com/rent-control/
Q. Filed for bankruptcy in 2011. Abandoned and discharged my house. HOA had dues added to house after it was discharged.
A: I respectfully disagree. You are liable for post petition fees as long as title is in your name. It sounds like the first foreclosure never went to sale, so you still held legal title until the second sale was completed.
Q. Are paying taxes voluntary or law?
A: While our tax system is voluntary in the sense that you file a return and send in the money you owe, you will quickly find out how involuntary it is if you fail to do so. Many people have refused to file and have argued that they don't have to pay taxes. Most of them are in federal prison.
Q. How long to we have to amend a list of assets?
A: You can amend the schedules at any time during (and even after) the case. It's better to do it before someone else discovers the oversight so you can't be accused of being dishonest.
Q. Returned from deployment and want to move back into my house that is currently rented out. Can I legally move back in?
A: The lease gives the tenants the right to possession until it expires. Unless they violate some covenant of the lease, you will have to wait.
Q. Can I transfer assets out of my name into someone else’s before filing bankruptcy?
A: Yes you can. However, you must disclose all such transfers. If you did not get equivalent value in return, the bankruptcy trustee can sue the person you transferred the property to and make them give/pay it back. If you don't disclose all such transfers, you will have committed a federal felony.
Q. I’m a homeowner in Colorado. There are two mechanics liens, both less than $1000, filed in 2005. Both were paid.
A: You should have required releases upon payment (I'm sure you know this). A lawsuit to foreclose any mechanics lien must be filed no later than 6 months after the work is completed or the lien expires. Even if not paid, these liens would have expired long ago and you should not have to do anything to remove them. Check with a reputable title company.
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Contact & Map
8427 S. Custer Lane
Evergreen, CO 80439
USA
Telephone: (303) 670-2185