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… Continue reading Bankruptcy trustee

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… Continue reading Bankruptcy for cheap

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… Continue reading Bankruptcy to keep your home

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… Continue reading Bankruptcy and inheritance

Bankruptcy to avoid judgment

Should you file bankruptcy to avoid judgment being entered against you?  Not an uncommon question around here.  First of all lets talk about what a judgment is all about: A judgment is the result when you are sued and either don’t respond to the lawsuit or lose the lawsuit. The judge, in finding in favor of… Continue reading Bankruptcy to avoid judgment

When bankruptcy is dismissed

There are a number of reasons why a bankruptcy case can be dismissed. Typically, the causes go from intentional misconduct (i.e., fraud and bad acts) to the failure to do something like to file the correct forms with the court or attend a required hearing. Here are some of the most common reasons when bankruptcy… Continue reading When bankruptcy is dismissed

Where are Utah bankruptcy petitions filed

Where are Utah bankruptcy petitions filed is a common question.  You need to first understand the two court system we have in the United States.  There are state court systems and the federal court system. Bankruptcy and is related laws and rules stem from a clause in the U.S. Constitution making bankruptcy part of the… Continue reading Where are Utah bankruptcy petitions filed

What bankruptcy can I file

In order to determine what bankruptcy can i file for or if you are eligible for bankruptcy, you must take the means test.  in 2005 Congress made major changes to the bankruptcy laws via changes to the U.S. Bankruptcy Code.  One of the new changes was something called the “Means Test”.  The means test will… Continue reading What bankruptcy can I file

How bankruptcy stops foreclosure

First lets establish that foreclosures don’t happen overnight, it is usually after 3 or 4 missed payments on a mortgage that lead to a foreclosure action being filed. Foreclosure is the action a lender takes to obtain possession of the property that the loan was secured upon.   For most people when they talk about… Continue reading How bankruptcy stops foreclosure

Bankruptcy without tax returns

You can file a bankruptcy without tax returns but if you have unfiled tax returns it may be in your best interest to file them before you file as opposed to right after you file for bankruptcy.  It is in you best interest to have your tax returns filed prior to the filing of your… Continue reading Bankruptcy without tax returns