Why bankruptcy is smart
Do you know why bankruptcy is smart? Some people think bankruptcy is the equivalent of failure, but sadly they are misinformed. Active measures in accordance with the law that alleviate undue burden is the opposite of passivity and unassociated with failure in every regard. Many lawyer from across the country would confirm that bankruptcy is… Continue reading Why bankruptcy is smart
Why bankruptcy is the best option
Is there a time when bankruptcy is the best option? When you are faced with bills and collectors screaming to get paid you might start to wonder what are your options. As I see it you have a few different choices dealing with debt
Are bankruptcy fees tax deductible?
Are bankruptcy cost and fees considered tax deductible? When looking at that kind of tax deductions that are available when you are in bankruptcy you first need to understand that there are difference depending on the kind of bankruptcy case you filed be it Chapter 7 or Chapter 13.
Which bankruptcy eliminates all debt
If you’re hoping that bankruptcy is a quick way to have your debts discharged without having to pay another cent or lift a finger, you can be disappointed if you don't know the facts. Which bankruptcy eliminates all debt? Well Chapter 7 bankruptcy, the most common type of consumer bankruptcy, is also called a ‘liquidation’… Continue reading Which bankruptcy eliminates all debt
Which bankruptcy to file
File Bankruptcy But Which One? Many people ask me which bankruptcy to file. As with many things in life, the answer really depends on your particular circumstances. Since there are actually several different kinds of bankruptcy it may be easy to eliminate a few of them since some are applicable to very specific parties, such… Continue reading Which bankruptcy to file
When bankruptcy is over
Your bankruptcy is over when your case is closed, generally soon after you get a discharge. A discharge is when you are no longer legally obligated to pay your debts. When bankruptcy is over, if creditors keep calling you and trying to collect from you, that is a serious violation of the bankruptcy code. However,… Continue reading When bankruptcy is over
Book on Filing Bankruptcy in Utah
Press Release Orem (UT) for immediate release: Today the Fourth Edition of the book on filing bankruptcy in Utah was published. The Insiders Guide: Getting a Fresh Financial Start in Utah has been in print since 2005. The book, by Utah Bankruptcy lawyer Douglas Barrett, has help thousands determine if filing bankruptcy was their best… Continue reading Book on Filing Bankruptcy in Utah
Where Did Bankruptcy Come From?
So where did bankruptcy come from? Throughout humanity’s history, societies have developed different laws and regulations for how to handle debt. These laws were typically harsh and often self-defeating. For example, some regions of the world mandated that debtors could be executed for failure to pay a debt, which of course meant that the creditor… Continue reading Where Did Bankruptcy Come From?
Locate the Utah Bankruptcy Trustee
Here is a quick guide to locate the Utah Bankruptcy Trustee. Here is a comprehensive list of the Utah Bankruptcy Trustee's listed by bankruptcy chapter. Included are their Name, Mailing Address, Phone Number and Email address: Chapter 7 Bankruptcy Trustee Steven R. Bailey, Chapter 7 Panel Trustee 2454 Washington Blvd. Ogden, UT 84401 E-mail: [email protected]… Continue reading Locate the Utah Bankruptcy Trustee
Can I file bankruptcy with a leased car?
Can I file bankruptcy with a leased car? Yes, you can file bankruptcy with a leased car in Utah but if you are hoping to retain the vehicle, there are special requirements that your attorney will need to follow in order for you to keep the car. You can keep a vehicle in Chapter 7 Bankruptcy or… Continue reading Can I file bankruptcy with a leased car?
Chapter 13 Bankruptcy: How Long Does It Take?
One of the common questions people ask us is how long does it take to complete a Chapter 13 cases. As I have written about other types of bankruptcy such as Chapter 7 cases take a matter of months in most cases however Chapter 13 cases can take from 3-5 years to complete. Here is… Continue reading Chapter 13 Bankruptcy: How Long Does It Take?
Bankruptcy: Chapter 7 How Long Does It Take
If you are considering filing for Chapter 7 bankruptcy in Utah, one of the first questions you probably have is “how long does it take?” The answer, like many things in life (and certainly in the law), is that it depends. Every bankruptcy case is different and it also depends on the chapter you file.… Continue reading Bankruptcy: Chapter 7 How Long Does It Take
How bankruptcy affects your life
This topic is complex and difficult to answer concisely since many different aspects of your life can be impacted by filing for bankruptcy. Here are three ways bankruptcy affects your life. Sometimes people feel guilty or ashamed that they have gone bankrupt, particularly since society has developed a negative stigma around bankruptcy. However, like any… Continue reading How bankruptcy affects your life
What is a bankruptcy trustee
When a Chapter 7 bankruptcy petition is filed in Utah, two trustees are appointed, the U.S. Trustee and the Chapter 7 Trustee. The Utah Chapter 7 Trustee's purpose is to administer the case and liquidate the debtor's nonexempt assets. If all the debtor's assets are somehow protected or are subject to valid liens, the trustee… Continue reading What is a bankruptcy trustee
Bankruptcy discharge in Utah- what is it
The Bankruptcy Discharge in Utah: For those filing Chapter 7 bankruptcy in Utah the final goal is to have their debts discharged and to keep all nonexempt property. A discharge is designed to relieve debtors of personal liability for most debts and prevents creditors from taking any action to collect from the debtor after the… Continue reading Bankruptcy discharge in Utah- what is it
The Bankruptcy Lab
Lets face it the task of gathering up your entire financial history and organizing it for a bankruptcy attorney sounds like as much fun as going to the dentist - not the good dentist - but the one that never gives enough mouth numbing stuff before they start to drill...we have been there and we… Continue reading The Bankruptcy Lab
Filing Bankruptcy During Government Shutdown in Utah
According to the US Courts website you should be able to still file a bankruptcy during government shutdown in Utah...as normal for at least three more weeks and beyond according to the news release. "Despite a partial shutdown of the federal government that began on Dec. 22, 2018, the Judiciary remains open and can continue… Continue reading Filing Bankruptcy During Government Shutdown in Utah
Merry Christmas
Wishing all our readers a Merry Christmas and a Happy New Year! All the best! #utahbkguy
Alternatives to Filing Bankruptcy in Utah
Alternatives to Filing Bankruptcy in UtahBefore you decide if bankruptcy is right for your situation you should consider if there are alternatives to filing bankruptcy in Utah. Here are four alternatives to filing bankruptcy in Utah, however these alternatives are not for everyone: Do a Work Out with Your CreditorsThe first step with this alternative… Continue reading Alternatives to Filing Bankruptcy in Utah
Bankruptcy without a social security number
It may be surprising to learn that it is possible to file for bankruptcy in the U.S. without being a citizen of the United States, or even a legal resident.
Bankruptcy versus short sale
First thing to understand, a short sale is when a homeowner, through the approval of their bank or mortgage lender, sells their home for less than what they owe on the mortgage. Potential home buyers must make a short sale offer, and homeowners then communicate this offer to the bank by applying for short sale… Continue reading Bankruptcy versus short sale
Bankruptcy with two homes
A reader just asked can I file bankruptcy with two homes? Short answer is yes you can file bankruptcy with two homes. However it may or may not be in your best interest to do so. If you already have payments that are behind on the homes upon filing bankruptcy the court will place an… Continue reading Bankruptcy with two homes
Recent Utah Median Income Number For Bankruptcy
As of November 1, 2018, the Census Bureau Utah Median Income by Family Size have been updated — this happens every 6 months. The Median Income Levels for Utah are up. This is important because the Utah median income number is a determining factor in the type of bankruptcy someone can file. If your income… Continue reading Recent Utah Median Income Number For Bankruptcy
Are bankruptcy filings published in the newspaper
Are bankruptcy filings published in the newspaper? This question relates well to another one of our frequently asked questions: “are bankruptcy cases public record?” If you haven’t read the answer to that question yet, take a second to do so as it might help clear up some of your concerns about word getting around that… Continue reading Are bankruptcy filings published in the newspaper
Is there hope after bankruptcy
Recently I had an email from one of the first clients that bought my bankruptcy book: Life after bankruptcy: The Game Plan to Rebuild, Restore, and Renew Your Credit After Bankruptcy. I share just a part of his note: "Thank you. We appreciate your thoroughness in preparing us for the [bankruptcy] process and post process.… Continue reading Is there hope after bankruptcy
When bankruptcy makes sense
You know when bankruptcy makes sense to you when you won’t be able to be able to pay back your debt within 3-5 years. At this point it can be a good time to consider bankruptcy. This could happen because of a financial catastrophe. It might be due to medical issues or losing your… Continue reading When bankruptcy makes sense
Where to find bankruptcy filings online
In my recent blog post entitled “Are bankruptcy cases public record?”, I talk about the online database called PACER where all bankruptcy records are stored including those bankruptcy cases filed in Utah. However, in that blog post we also discuss the process required by PACER for someone to obtain those records: essentially you must… Continue reading Where to find bankruptcy filings online
How will bankruptcy affect your spouse
This is a great question, and an important one to consider whether you are filing bankruptcy individually or jointly with your spouse. Also depends on whether you are filing Chapter 7 bankruptcy or Chapter 13 bankruptcy. One of the most common questions a Utah bankruptcy attorney receives is: “How will filing bankruptcy affect your spouse?”… Continue reading How will bankruptcy affect your spouse
Bankruptcy with credit card debt
Can I file bankruptcy with credit card debt? The short answer to this question is YES. Credit card debt is one of the common reason that people file for bankruptcy. Once your case gets filed the credit card companies and their collection agencies can no longer harass you with phone calls and letters or something… Continue reading Bankruptcy with credit card debt
Which bankruptcy is best
So which bankruptcy is best? There really isn’t a right or wrong type of bankruptcy--it all just depends on your circumstances and what would work best for your specific situation. To give you a general idea of which bankruptcy is best you need to understand the different kinds of bankruptcy, here’s a quick summary of… Continue reading Which bankruptcy is best
Over 65 and broke: Don’t feel guilty
Over 65 and broke: Don’t feel guilty. "The number of bankrupt older Americans has surged in recent years, a sign of widespread financial distress and a shrinking social safety net", according to a research study recently released. In the study of bankruptcy filers it found using data, from the Consumer Bankruptcy Project, more than a… Continue reading Over 65 and broke: Don’t feel guilty
Can I file bankruptcy and keep a car?
One of the foremost questions in the minds of many people think about bankruptcy is Can I file bankruptcy and keep my car? For the majority of individuals owning a car is an absolute necessity. Unless you live in a large city how else would you be able to get to work or the grocery… Continue reading Can I file bankruptcy and keep a car?
Can I file bankruptcy without a lawyer?
So I have touched on this topic in prior posts but I get asked this question from time to time: Can I file bankruptcy without a lawyer? My reply is usually you can but why would you want too? You need to know that filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful… Continue reading Can I file bankruptcy without a lawyer?
Which bankruptcy is worse
There really isn’t a bankruptcy that is "worse" it all depends completely on your financial situation, your goals and needs. A Chapter 7 Bankruptcy commonly called a liquidation. Chapter 7 allows individuals to give up certain nonexempt assets and walk away from most of the individuals debts. To qualify, debtors must pass the means test… Continue reading Which bankruptcy is worse
Where to get bankruptcy forms
When you file a Chapter 7 bankruptcy or Chapter 13 bankruptcy, your bankruptcy attorney should provide you with all the paperwork required to start the bankruptcy filing process. Your responsibility is provide your attorney with "all the stuff" necessary to file a case, as well as provide them with the necessary documents that are required… Continue reading Where to get bankruptcy forms
Are bankruptcy cases public record
When you file for bankruptcy, your bankruptcy case does become a public record. No matter the type of case Chapter 7 or Chapter 13 it can be part of a public record. However that doesn’t mean that it’s simple, free and easy to get the information for your family and friends to look at whenever… Continue reading Are bankruptcy cases public record
How will bankruptcy affect my pending divorce?
Bankruptcy and divorce - both can be sticky situations - combined them and you may have a real mess on your hands. Usually a bankruptcy takes precedence over a divorce. If you file a bankruptcy during a divorce you may delay the distribution of assets and debts until the bankruptcy case is completed. In other… Continue reading How will bankruptcy affect my pending divorce?
Can I file bankruptcy without my spouse?
If one spouse files bankruptcy without the other spouse only the filing spouses debts are discharged. If the debts are held jointly, the non-filing spouse will still owe on the debt even after one spouse has filed bankruptcy. The bankruptcy filing will appear on the filing spouses credit report, but should not appear on the… Continue reading Can I file bankruptcy without my spouse?
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
Bankruptcy vs debt settlement
Here are a few things that may help you decide if you should choose bankruptcy vs debt settlement. First, you will want to look at all of your debt, not merely credit card debt. If your debt is mostly unsecured debt then you will need to determine the amount of that kind of debt. If… Continue reading Bankruptcy vs debt settlement
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