bankruptcy
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Chief justice, top appeals judges address Colorado legal community | APPELLATE UPDATE
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Members of Colorado’s state and federal appellate courts addressed the legal community on Friday with the latest details about caseloads, internal changes and upcoming initiatives. Chief Justice Monica M. Márquez, who has occupied the state’s top judicial role for almost one year, described an “interesting trend” of the Colorado Supreme Court receiving slightly fewer petitions to…
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Appeals court finds El Paso County magistrate erred in 2 cases
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Colorado’s second-highest court last month concluded a former El Paso County magistrate did not follow the law or the rules governing magistrates when adjudicating two complex family disputes. The first case revolved around the guardianship of Martin Acosta, a developmentally disabled man in his mid-50s. His mother had been his legal guardian since 1997, but…
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Colorado Supreme Court rejects ‘perverse’ incentive for foreclosures
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The Colorado Supreme Court on Monday rejected a lower court’s interpretation of the law that could have encouraged mortgage lenders to foreclose more quickly on homeowners exiting bankruptcy, calling the effects of such a ruling “perverse.” The issue before the justices was what impact a homeowner’s discharge from bankruptcy has on the timeline for banks…
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Colorado federal judges provide candid look at applying to bench
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Scott T. Varholak has roughly 400 cases he is responsible for as a federal magistrate judge. But despite the heavy workload, he is still able to step away from the courtroom in the afternoon to take his daughter to play sports, returning to his caseload at night. “The hours are long, but they’re a lot…
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Colorado justices skeptical of ‘free house’ loophole in bankruptcy case
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Members of the Colorado Supreme Court appeared wary on Tuesday of the idea that bankruptcy can trigger a six-year window for foreclosure, after which banks are no longer able to take possession of a home – even if decades remain on the mortgage itself. Beyond the legal and practical concerns behind the “free house” interpretation of…
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Colorado bill would cap medical debt interest, implement other consumer protections
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Cindy Powers underwent emergency surgery to fix a life-threatening abdominal obstruction in 2004. Over the next five years, she received 18 additional surgeries to address complications, infections and hernias, before her condition was finally fixed in 2009. But while her medical nightmare had come to an end, the financial nightmare was just beginning. Even with…
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State Supreme Court to examine foreclosure timeline, narrowly turns down DUI appeals
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The Colorado Supreme Court has agreed to review a lower court’s ruling that banks and mortgage lenders argue gives an improper incentive to rapidly foreclose on certain homeowners. On Monday, the justices announced they will hear the case of U.S. Bank National Association v. Silvernagel, which centers on Colorado’s six-year statute of limitations for lenders to foreclose…
