Divorce and Bankruptcy

Money problems tend to impact every area of our lives so it is not a surprise that money problems are consistently listed as a major cause of divorce. Sometimes one spouse accumulates a huge amount of debt on a credit card and the parties simply cannot come up with a way to repay it. Other times medical circumstances of one spouse or a child overwhelm a couples finances and there is simply no way to make payment on the family medical debt.

Bankruptcy Planning

Because of abuses of the bankruptcy system in the past the current Bankruptcy Code is designed to penalize multiple bankruptcy filers. This multiple filing is called “serial filing” in the bankruptcy world. Individuals who are “serial filers” can lose important benefits in their bankruptcy – the most important of which is called the automatic stay – the act of stopping immediately a foreclosure, lawsuits or other collection activity.

Where does bankruptcy debt go?

Where does bankruptcy debt go? To be clear bankruptcy is a legal proceeding one carries out in the US Bankruptcy Courts to allow individuals or businesses to obtain freedom from their debts. It can also simultaneously providing creditors an opportunity for repayment of the debt under a court guided repayment program.

Bankruptcy without going to court

I get asked all the time by potential clients if they can file bankruptcy without going to court. The majority for my clients never see the inside of a bankruptcy courtroom. So if this is a major concern of yours rest assured that the odds are in your favor that you will not need to go into a bankruptcy courtroom

Bankruptcy who knows

So bankruptcy who knows? Obviously anyone you owe money to at the time you file will need to be notified. Creditors are notified since payments to them will likely be affected by the bankruptcy proceedings. However other than creditors and your attorney very few other will be notified of you case filing. Even though bankruptcy filings are a matter of public record, they are usually not publicized unless the individual filing is a public figure.

How will bankruptcy affect my mortgage?

A Utah bankruptcy might actually help you to keep your home. Chapter 13 and to some extent Chapter 7 provide ways for you keep your home. Although, you cannot just file for bankruptcy protection and not inform your mortgage lender, you can treat how the loan is treated during a bankruptcy case and there are ways to assure the lender that you will be keeping the home and making the mortgage payment.

Who are bankruptcy trustees

If you are looking for information on bankruptcy trustees in Utah you can download my FREE book on filing bankruptcy in Utah to get the up to date list of the Trustee’s and their contact information. If you are looking for an experienced Utah bankruptcy lawyer give us a call to set up a consultation and to learn your bankruptcy options.