Do I have Enough Debt to File Bankruptcy?

The end of Summer brings the Fall season – which to many means football and barbeque. This was most true for me when I lived in Oklahoma. Most of my neighbors were extremely emotional about their football and their barbeque. I wasn’t surprised with the love of football. But I was extremely surprised at how […]

How will my Inheritance be Treated in a Chapter 7 Bankruptcy

Whether your inheritance will be turned over in a Utah Chapter 7 Bankruptcy depends on two things: The date you became entitled to the inheritance; and Whether the inheritance is exempt The general rule is an inheritances received within 180 days of your Chapter 7 bankruptcy filing is part of the bankruptcy estate. If you […]

Your Credit Score After Bankruptcy

After the filing of bankruptcy your credit score will either increase or decrease depending on your previous credit information. Your credit score is calculated based on the following items Your Payment History How Much Debt You Owe Length of Credit History Your Credit Mix Credit Inquiries New Credit The two largest areas that make up […]

What is the Automatic Stay?

The filing of a bankruptcy in Utah offers an individual immediate protection from virtually all creditor collection efforts.  These activities usually include: The commencement or continuation of an action against the debtor for a claim that arose before the fling of the bankruptcy; The enforcement of a judgment obtained before the filing of the bankruptcy; […]

How Long After Bankruptcy Can I Buy A House?

After bankruptcy, you are off to a fresh start but that does not mean that you can stand there idly and declare to yourself, “Finally, I owe no one nothing” (you are still not free from bad credit, though). Go over your credit history and be sure all the debts have been eliminated. If you […]

Not All Debts Are Dischargeable in a Utah Bankruptcy

Certain debts are non-dischargeable in a Utah Chapter 7 Bankruptcy and Utah Chapter 13 Bankruptcy. Examples of debts that are generally non-dischargeable in a Utah Bankruptcy are student loans, any debt procured by fraud, taxes less than three years old, child support obligations, and alimony obligations. Certain debts arising out of a divorce can be […]

What is Chapter 13 Bankruptcy

Chapter 13 Bankruptcy Chapter 13 Bankruptcy offers individuals a number of advantages over liquidation under Chapter 7. Chapter 13 can be a good solution for people who need time to pay off certain debts and who have enough income to meet the Chapter 13 requirements. Chapter 13 can also protect third-parties (“co-signers”) who are liable […]

Who can file a chapter 13 bankruptcy?

Chapter 13 provides debt relief to individuals. The debtor must have a regular source of income and his or her debt must be within limits set by law. The individual is eligible for Chapter 13 bankruptcy relief as long as the individual’s unsecured debts are less than $383,175 and secured debts are less than $1,149,525. […]

Advantages of a Chapter 13 Bankruptcy

Utah Chapter 13 Bankruptcy offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing a chapter 13, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage […]

What happens to my property in a Chapter 13 Bankruptcy

In a Utah Chapter 13 bankruptcy proceeding, debts included in the Chapter 13 plan must either be paid completely or the property securing the debt must be surrendered. On-going payments on home mortgages and other long-term secured debts may be made by the debtor directly to the creditor if it is properly recognized as outside […]