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… Continue reading The automatic stay
Category: Utah Bankruptcy
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,… Continue reading Is bankruptcy like welfare
When bankruptcy is not an option
I am a bankruptcy lawyer. Bankruptcy is what I focus on daily. So you might think it strange that I would write on the topic of when bankruptcy is not an option. Believe it or not I tell many of the people I meet with in any given month not to file bankruptcy. I think… Continue reading When bankruptcy is not an option
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… Continue reading Bankruptcy when should you file
What not to do before bankruptcy
7 Deadly Sins Before Bankruptcy OK I know that sounds a bit dramatic – but it got your attention. I am asked all the time what not to do before bankruptcy. So here is my list of seven things that have the potential to get you into trouble prior to your case filing: 1.Don’t make… Continue reading What not to do before bankruptcy
When bankruptcy is not an option
Just because you say you are bankrupt does not make it so. There is the famous episode of The Office where the lead character Michael Scott “declared” bankruptcy to everyone within earshot and thought he was done – not because he just said the word bankruptcy but because he “declared it”. Just because you say… Continue reading When bankruptcy is not an option
Bankruptcy when does it clear
Your bankruptcy will clear off from your credit report either 7 or 10 years after filing for a bankruptcy. Bankruptcy when does it clear depends on which type of bankruptcy case you file. Bankruptcy can be a great tool to overcome burdensome debt and get you back on your feet. It does however come at a… Continue reading Bankruptcy when does it clear
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… Continue reading Mortgage Statement During Bankruptcy
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… Continue reading Debts in Bankruptcy
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