What bankruptcy do I qualify for

What bankruptcy do I qualify for was the question I was asked this morning as I entered an elevator this morning.  It seems like a simple enough question that any attorney could easily answer in a moment or two.  The problem is that determining who can file for bankruptcy is one of the more complicated… Continue reading What bankruptcy do I qualify for

Can I file bankruptcy with a rental property?

Keeping Rental Property in Chapter 7 Bankruptcy Chapter 7 bankruptcy is commonly called liquidation bankruptcy.  Since the appointed bankruptcy trustee has the power to sell your non-exempt assets to pay back your debts and can sell your property to reimburse your creditors. However you are allowed to keep a certain amount of property in Chapter… Continue reading Can I file bankruptcy with a rental property?

Can I file bankruptcy without going to court?

Can a person file bankruptcy without ever going to court?  If you file bankruptcy you are required to attend something called the meeting of creditors or Section 341 meeting.  This is a proceeding at which the debtor testifies under oath that the information contained in their bankruptcy filing is accurate.  In most jurisdictions the 341… Continue reading Can I file bankruptcy without going to court?

Bankruptcy when does it end

Bankruptcy when does it end is a common question.  When you get a discharge in a bankruptcy it is a big step, however, it is not the end of the case.  The Bankruptcy Court will enter an order closing the case that is when your case is closed.  Most of the time the case will… Continue reading Bankruptcy when does it end

Bankruptcy when broke

Declare Bankruptcy When Broke Or While You Still Have Cash?  Many people think that they should declare bankruptcy when they’re totally broke. Being penniless will actually make the process much, much, harder. While you can certainly declare bankruptcy on your own, many people choose to hire a bankruptcy attorney, which can cost between $1,000 and… Continue reading Bankruptcy when broke

When bankruptcy is removed from credit report

When bankruptcy is removed from credit report? Bankruptcies typically stay on your credit report for around 10 years. It will be removed automatically at the end of that period. A Chapter 7 bankruptcy usually stays for 10 years and a Chapter 13 bankruptcy stays for around 7. Bankruptcy is removed from credit report automatically. According… Continue reading When bankruptcy is removed from credit report

Bankruptcy discharge vs dismissal

  May people confuse the difference between a bankruptcy discharge vs dismissal but they are two very different and distinct outcomes of bankruptcy. A bankruptcy discharge means that the requirements set out by the court have been met by the debtor(s) (the party filing the bankruptcy). In a Chapter 13 bankruptcy a discharge means that… Continue reading Bankruptcy discharge vs dismissal

Where are bankruptcy proceedings held

Are bankruptcy proceedings held in federal courts?  In Utah those courts are located in Salt Lake City and in Saint George, Utah.  The clerk of the bankruptcy court is located at the court in Salt Lake at 350 South Main Street, Salt Lake City in the Moss Courthouse on the Third Floor. Bankruptcy is part… Continue reading Where are bankruptcy proceedings held

Bankruptcy with no money

It is difficult to file bankruptcy with no money. Your attorney will charge you a retainer fee and then there is a court filing fee. In a strange way it’s ironic, but bankruptcy can seem like a very expensive undertaking when you have no money. Bankruptcy with no money can seem impossible. Are you wondering… Continue reading Bankruptcy with no money

What you should ask

Here are the Top 10 Questions we think  what you should ask (and the lawyer should be prepared to answer) during your first consultation: 1. Should I file for bankruptcy? This question will most likely provide you with a lot of answers. The lawyer should explain that there are five different types of bankruptcy. Most… Continue reading What you should ask