Chapter 13 bankruptcy

The automatic stay

When a bankruptcy case is filed there is something created immediately upon the filing of the case called the automatic stay.  The automatic stay is a very broad court injunction against the continuing of any action by creditors, collection agencies, and government entities against the debtor or the debtor’s property. Under 11 U.S.C. §362 is…

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Is bankruptcy like welfare

While welfare and bankruptcy are both used by people with financial struggles they serve very different purposes. Welfare is provided by state or federal governments for eligible citizens and residents who lack sufficient means to support their own basic needs. Think of it as a small boost of income. (Government gets its funds from taxpayers,…

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Bankruptcy when should you file

The answer to this question depends on several things. Is your house in danger of being foreclosed upon? Are creditors calling you all the time? Is your car in jeopardy of being repossessed? There are just a few of the many reasons why folks ask about bankruptcy when should you file. Working with your lawyer you…

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Mortgage Statement During Bankruptcy

A mortgage statement during bankruptcy?  We laughed at that question for years since debtors almost never get any help with their mortgage information after they file for bankruptcy.  But finally the times are a changing – for the good of everyone – debtors and lenders.  Some new mortgage servicing rules that just went into effect…

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Debts in Bankruptcy

Types of Debts in Bankruptcy There are different types of debts in bankruptcy.  Not all debts are treated the same in bankruptcy since Congress decided that certain types of debts are more important than others types of debts in bankruptcy. As a result, the way bankruptcy affects a particular debt depends on what kind of…

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Bankruptcy trustee

Although the trustee in bankruptcy is not a judge, he or she has tremendous influence over a bankruptcy case.  Many of my clients do not know what this person does. So here is the quick version of the role of a bankruptcy trustee in Utah and nationwide. So just who is the bankruptcy trustee? Trustee…

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Bankruptcy for cheap

Bankruptcy for cheap in Utah.  Sometimes people are unable to afford the fees charged by bankruptcy attorneys and look to file bankruptcy for cheap. While many attorneys offer payment plans, your case will not be filed until all fees are paid in full. This means that you will not have bankruptcy protection against creditors while…

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Bankruptcy to keep your home

You may want to consider filing bankruptcy to keep your home, or at least use it to delay foreclosure in some difficult circumstances. The majority of people that declare bankruptcy are able to keep their home throughout the process, but some are not. The government does not expect landlords and other property owners to provide…

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Bankruptcy for married couples

Can you file bankruptcy for married couples? It is certainly an option to file for bankruptcy for married couples or individually.  MYTH: You Cannot File Bankruptcy by Yourself if You Are Married. The bankruptcy laws permit anyone to file for bankruptcy, whether individually or jointly. If you are married, you and your spouse must decide…

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Bankruptcy and inheritance

Bankruptcy and inheritance in Chapter 13 bankruptcy:  If you receive an inheritance while you are in the midst of a Chapter 13 bankruptcy repayment plan, most courts will require that you pay this amount into your Chapter 13 plan. In a Chapter 13 bankruptcy case you propose a plan to repay your creditors over a…

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Utah County Backruptcy Attorney Services

What to do before a bankruptcy
Bankruptcy for farmers
Is bankruptcy the only option?
Bankruptcy with medical bills
Can an LLC file bankruptcy?