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Thomas M. Mathiowetz

Thomas M. Mathiowetz

Thomas M. Mathiowetz
3801 East Florida Avenue
Suite 400
Denver, CO 80210

Phone: (303) 756-1500  |  Fax: (303) 756-5775
http://www.denver-bankruptcy-attorney.com

Contact Thomas M. Mathiowetz

Reliable, Experienced Bankruptcy Attorney

Legal Topic

Bankruptcy

Preferred New Clients

I represent individuals and small business owners in Chapter 7 and 13 consumer bankruptcy cases.

Sub-Categories

Bankruptcy
  • Chapter 13
  • Chapter 7
  • Collections & Repossessions
  • Debt Relief
  • Garnishments
  • Business Bankruptcy
  • Personal Bankruptcy
  • Foreclosures

Bar Admissions

CO, May 1996
Bar Number: 26841

Other Court Admissions

State Bar of Colorado; State Bar of California; U.S. Court of Appeals, Ninth Circuit; U.S. Court of Appeals, Tenth Circuit; U.S. Tax Court; U.S. District Court, District of Colorado; U.S. District Court, Eastern District of California; U.S. District Court, Northern District of California.

Association Memberships

Colorado State Bar.

Continuing Education

I attend continuing legal education seminars on bankruptcy law, foreclosures, garnishments, and debt collection issues. In addition, I have taught seminars on bankruptcy law to other legal professionals, and have written materials for the Chapter 13 Trustee and other continuing legal education providers:

Chapter 13 Trustee seminars, "Cases Every Bankruptcy Practitioner Should Know" (2000); "Homestead Exemption and Voiding of Liens" (2004);

National Bankruptcy Institute seminar, "Managing Debt with Chapter 13 Bankruptcy Reorganization in Colorado" (September 2005).

Papers and Publications

Co-Author: "Discharge and Dischargeability," Chapter 7 Bankruptcy Basics, Colorado Bar Association CLE (September 2002);

"Consumer Fee Cases and Problem Issues in Chapter 7 Cases From the District of Colorado," Consumer Bankruptcy, Colorado Bar Assn. CLE (June 2002);

"Challenging the Status Quo," National Association of Consumer Bankruptcy Attorneys (NACBA) educational program materials (April 2002);

"Consumer Issues ? What Business Lawyers Should Know," ABI Rocky Mountain Bankruptcy Conference (February 2002);

"Attorney and Professional Fees in Bankruptcy -'After Ingersoll, Jones, and Printcrafters,'" 1999 Bankruptcy Update, Colorado Bar Assn. CLE (November 1999);

"Bankruptcy Bailouts: Pretrial Strategies for Playing It Smart," 20 Fam.Advoc. 30 (Winter 1998), reprinted GP Solo & Small Firm Lawyer, "Best of ABA Sections" (abridged/edited September 1998);

"The Impact of Bankruptcy in Collection Matters for Health Care Providers," Collection Law for the Health Care Industry, Lorman Education Seminars (August 1998);

"Proposition 51: A Basic Primer on Apportionment of Non-Economic Damages," Forum, California Trial Lawyers Assn. (May 1992);

"Independent Contractor or Employee? Be Wary of Payroll-Tax Audits," Supervisor's Employment News (Oct. & Nov. 1991), reprinted California Chiropractic Association Journal (January and February 1992).

Example Cases

Reported Decisions: Stitt v. Williams, 919 F.2d 516 (9th Cir. 1990); CMSH v. Antelope Development Co., 223 Cal.App.3d 174 (1990); In re Pastrana, 216 B.R. 948 (Bankr. D. Colo. 1998); In re Ingersoll, 238 B.R. 202 (D. Colo. 1999).

Education

Degree:

Bachelor of Arts

School:

St. Cloud State University

City:

St. Cloud

State:

MN

Year:

1969

 

Degree:

Juris Doctor

School:

Lincoln Law School of Sacramento

City:

Sacramento

State:

CA

Year:

1982

Honors:

Salutatorian; Outstanding Graduate Award; Moot Court Aware of Oral/Written Advocacy - Best Written Brief; Associate Editor - Void Dire; SBA Treasurer.

Number of Attorneys

1

State Licensed In

Colorado and California (inactive status)

Firm Focus and History

With over 26 years of experience, I have practiced exclusively in the area of consumer bankruptcy law, specifically Chapter 7 and Chapter 13 cases, for the past 12 years. I offer one-on-one attention to each client, and all of my clients work directly with me, not a legal assistant or paralegal.

I established my own solo practice in 2004 after gaining valuable experience while working for experienced bankruptcy practitioners.

Previous Employment Summary

I previously worked for a business litigation firm handling litigation and appellate matters. I worked for creditors in lending and debt collection matters, which gives me a unique perspective that helps me in representing bankruptcy clients. I also worked for two experienced bankruptcy attorneys for nine years prior to going out on my own. This experience gives me an edge over new practitioners in being able to solve some of the more difficult problems that often arise in bankruptcy cases.

What is your opinion regarding clients educating themselves on legal issues?

It is important for clients to fully understand their legal options. I provide each client with educational information concerning the bankruptcy process and what to expect as their case proceeds through the bankruptcy court system.

Are you willing to review documents prepared by clients?

I am limited in such matters by the Rules of Professional Conduct.

Are you willing to coach clients who want to represent themselves?

I am limited in such matters by the Rules of Professional Conduct.

Why did you decide to be a lawyer?

I wanted to help people make their lives better. I enjoy assisting people in getting out of debt which in turn increases their quality of life.

What work experience and education helps you be a better lawyer?

I am a good listener and keep in mind that each person's dilemma is new to him or her, which helps me be a better attorney. No matter how many cases I handle, I'm aware that each is unique to the client and each requires my personal attention.

Why did you decide on your primary area of practice?

I enjoy law and it's a profession which allows me to help people protect their rights during a difficult time in their lives.

What do you like best about your career?

The experience of helping people who are struggling to pay off mounting debts find relief and being able to protect their rights and assets.

Tell us about your law firm:

I am a solo practitioner, so all of my clients deal directly with me.

What are your strengths and style?

My ability to protect people's rights, preserve their assets and obtain the debt relief they deserve.

Personal Interests:

I enjoy playing softball, golf, reading mysteries, and movies.

Fax

(303) 756-5775

Office Hours

Monday through Friday
10:00 a.m. to 5:30 p.m.

I am available to do "rush" filings to stop a foreclosure or meet some other emergency deadline.

Emergency After Hours

Yes

Fixed-Price Services and Fees

I charge a flat fee for each case. Most Chapter 7 cases run from $1,000 to $1,500, but the fee can be higher depending on the complexity of the case. In Chapter 13 cases, the Bankruptcy Court has set $3,000 as a presumptively reasonable fee, but the fees generally run higher in most cases. Part of that fee is paid before filing, and part is paid from your regular monthly plan payments to the Chapter 13 Trustee. I must get court approval for any fees charged in excess of $3,000.

Hourly Rates

$250.

Free Initial Consultation?

Free 1/2 hour consultation.

Typical Retainer

$500 down payment to get paper work started.

Understanding Fees

Nolo's Licensing Check

Attorneys have passed a licensing check. Nolo has confirmed that every member attorney has a valid license and is in good standing with the applicable bar associations upon joining the directory.

Directory lawyers are required to notify Nolo immediately if they become the subject of any disciplinary action by any bar association.