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Bankruptcy and tax refunds
Many people have questions about bankruptcy and tax refunds.  Some come to see their income tax refunds as a type of yearly bonus.  In reality these refunds are usually caused by having paid too much in taxes during the past year. Many times people come to rely upon these refunds for planned yearly spending to… Continue reading Bankruptcy and tax refunds
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Bankruptcy when married
There is no requirement that you and your spouse jointly file bankruptcy when married.  You can choose whether to file for bankruptcy with your spouse or as an individual.  The decision on filing bankruptcy when married should be based on the in depth analysis of you financial condition however.  It will usually depend on if… Continue reading Bankruptcy when married
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Are bankruptcy proceedings public
A very common question that we get is are bankruptcy proceedings public ? Yes, you should be able to attend most bankruptcy meetings so again are bankruptcy proceedings public yes. The only times that bankruptcy proceedings will be closed to the public are when there is a party present that has an overriding interest and… Continue reading Are bankruptcy proceedings public
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Bankruptcy with car loan
Filing bankruptcy with car loan can be a complex process for the unwary.  If you are trying to keep a car during the bankruptcy process then you really should hire a bankruptcy attorney with experience helping people keep their cars in bankruptcy.  There are a few different options within a Chapter 7 bankruptcy if you… Continue reading Bankruptcy with car loan
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Bankruptcy with medical bills
Medical debt is on of the most common reason that people file for bankruptcy. It even surpasses mortgage debt and credit card debt. Bankruptcy with medical bills occurs when the price of treating a disease, injury or sickness becomes greater than what the patient is able to pay. Even some individuals with medical insurance have… Continue reading Bankruptcy with medical bills
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Bankruptcy without spouse knowing
While you have the legal right to file for bankruptcy without spouse knowing , practically it would be difficult to file for bankruptcy without your spouse finding out about you filing for bankruptcy. There will be mail and paperwork that comes to your home regarding your bankruptcy. There may be calls that come in and… Continue reading Bankruptcy without spouse knowing
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How bankruptcy affects job search
A common reason for filing bankruptcy is due to a job loss. So how bankruptcy affects job search is a common concern of people looking into bankruptcy.  Fist you need to understand that the bankruptcy laws protect you from being fired due to a bankruptcy filing.  How bankruptcy affects job search an employer cannot legally… Continue reading How bankruptcy affects job search
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Bankruptcy without losing house
Filing bankruptcy without losing house happens all the time.  This is usually one of biggest concern with my clients that own property.  It's understandable that there is so much concern about filing bankruptcy without losing house since our homes are usually are largest asset (and usually our largest debt).  Most people are able to keep… Continue reading Bankruptcy without losing house
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Bankruptcy without a job
There is no requirement that you be employed to file for bankruptcy.   For some reason this rumor is floating around out there, I hear this from time, from potential clients.  In fact, bankruptcy without a job, is one of the most common reasons people file for bankruptcy in Utah. However, being unemployed can affect… Continue reading Bankruptcy without a job
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Bankruptcy when to file
One of the most common search terms in the bankruptcy world is: bankruptcy when to file.  There are some many variables in that question that book could be written on the subject.  In some situations sometimes there is the right moment to file for bankruptcy. It could make sense to hold off filing to be able… Continue reading Bankruptcy when to file
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When bankruptcy ends
So if the goal of a bankruptcy is a discharge, then the question is, when bankruptcy ends.  Most people think that a bankruptcy usually end when you are discharged.  But the case is not technically over at that point.  The court will grant a discharge in a Chapter 7 bankruptcy case usually within  about 120… Continue reading When bankruptcy ends
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Utah Bankruptcy Laws
Chapter 13 Bankruptcy or Chapter 7 Bankruptcy in Utah. Utah bankruptcy laws were created to provide specific relief for business owners, individuals and families whose lives are being disrupted by excessive debt. The laws have two basic goals: Debt elimination and property protection. The Utah bankruptcy laws are set forth under federal law. Article I,… Continue reading Utah Bankruptcy Laws
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Bankruptcy with no income
There is no income requirement to file for Chapter 7 bankruptcy.  Being unemployed with no income makes it easier for you to qualify for a Chapter 7 bankruptcy. This kind of bankruptcy can offer you a new start if you are under employed or after a loss of employment and for the most part your… Continue reading Bankruptcy with no income
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How bankruptcy affects you
When you file for a bankruptcy, your life can be affected in several ways. It can affect you both positively and negatively in some ways. Some of the positive effects of bankruptcy are that your debts will be under control and you can get instant relief from creditors, collecting agencies, and the debts that are… Continue reading How bankruptcy affects you
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Filing bankruptcy versus foreclosure
These two options are not mutually exclusive as some think.  If you are facing one of them you may be facing the other as well.  Since filing for bankruptcy will eliminate some if not all of your debts,  you can decide to file bankruptcy before a foreclosure on property the debt most likely will be… Continue reading Filing bankruptcy versus foreclosure
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Tax refunds and bankruptcy
Some people come to see their income tax refunds as a yearly bonus. In reality these refunds are usually caused by a taxpayer having paid too much in taxes during the past year. Sometimes people have even come to rely upon these refunds for planned yearly spending to catch up on bills, go on vacation,… Continue reading Tax refunds and bankruptcy
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The Bankruptcy Guy
In today's mail came the official Trademark for "The Bankruptcy Guy".  For years my friends have called me "the bankruptcy guy" and last year I started looking into the process of obtaining the official trademark to the name.  In the end it took nearly a year and hours of legal work to obtain the mark. … Continue reading The Bankruptcy Guy
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How bankruptcy works
The idea of bankruptcy has been around for a very long time. The basic idea of how bankruptcy works has been around as long as history itself you can even read about the concept of bankruptcy in the Bible.  So its not surprising that millions of Americans file for bankruptcy protection every year.  This idea… Continue reading How bankruptcy works
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Bankruptcy to remove student loans
It is commonly said that student loans are impossible to remove through filing for bankruptcy. However, that is not always true. It is a common misconception about bankruptcy. To remove student loans through a bankruptcy, it is not an easy process but it is possible. There are a few criteria that you have to meet… Continue reading Bankruptcy to remove student loans
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Bankruptcy for LLC
If your business is organized as a corporation or a limited liability company (LLC), your personal assets are usually protected from business creditors --unless you specifically gave up your so-called "limited liability" protection. Unfortunately, you may have done so if the bank or other creditor required a personal guarantee and/or personal security before loaning you… Continue reading Bankruptcy for LLC
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Why bankruptcy is bad
Filing for bankruptcy may have a bad reputation for several reasons.  Years ago I had an old friend stop by my law office and tell me all the reasons why he thought that bankruptcy was wrong.  He pontificated that it was merely a way to cheat creditors out of money and he knew of so-and-so… Continue reading Why bankruptcy is bad
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Bankruptcy for medical debt
Medical debts are one of the most common reasons that people need to seek bankruptcy relief.  With out of control medical costs and increased insurance premiums more and more people are forced into financial ruin with just a day or two stay in hospital.  With passage of the Affordable Heath Care Act it was assumed… Continue reading Bankruptcy for medical debt
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Are bankruptcy records public
Yes bankruptcy records are available to the public. There is website where bankruptcy records are posted as they occur called Public Access to Court Records or PACER.  They will most likely just be looked up by attorney’s however, because on the PACER website it costs money to review each page and to open an account… Continue reading Are bankruptcy records public
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Bankruptcy to keep house
Keeping assets during a bankruptcy is dependent on how much you owe for them, how much they are worth, and also the type of bankruptcy you are planning to file for bankruptcy to keep house. The most common bankruptcy is a Chapter 7, and generally people file for this kind of bankruptcy because they do… Continue reading Bankruptcy to keep house
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Bankruptcy filings spike in Utah
Bankruptcy filings increased in October after declines in September, with Utah having one of the highest per capita filing rates last month. According to an article by ACI International: “Total U.S. bankruptcy filings increased 2 percent to 64,579 in October 2017 compared to 63,802 in October 2016, according to a news release from the ABI… Continue reading Bankruptcy filings spike in Utah
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What bankruptcy wont cover
If you are considering bankruptcy you are most likely look at all your options - that's smart.  It seems to easy to find out the pros of bankruptcy like what a bankruptcy will cover but what won't cover is the next logical question.  What bankruptcy wont cover are nondischargeable debts.  In the world of bankruptcy… Continue reading What bankruptcy wont cover
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New Chapter 13 Bankruptcy Plan
Chapter 13 bankruptcy is the type of bankruptcy that allows for a reorganization of debts.  Chapter 13 can be a very useful tool to allow a debtor the opportunity to keep a home through bankruptcy even if they are behind on their mortgage payments at the time they file bankruptcy.  Many times this is not… Continue reading New Chapter 13 Bankruptcy Plan
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Who do bankruptcy laws protect
In my law practice I have represented debtors and creditors and for a time even worked for the bankruptcy courts.  I think I have a good idea of all the different parties in the process and where they are coming from generally.  In bankruptcy it is my observation that each side thinks the laws are… Continue reading Who do bankruptcy laws protect
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Bankruptcy for corporations
When filing for bankruptcy for a corporation there are a few options of the proper kinds of bankruptcy.  The following is merely an quick overview and we suggest you seek out an experienced bankruptcy lawyer.  In Utah that would be us! A Chapter 7 bankruptcy will be able to provide an orderly liquidation of the… Continue reading Bankruptcy for corporations
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Bankruptcy to get out of debt
Bankruptcy wipes out some debts but it doesn’t wipe out all debts.  When you are looking into bankruptcy you will want to know what kind of debts you have and what kinds of debts will and won’t be eliminated by bankruptcy. Some of the debts that a bankruptcy will be able to eliminate are credit… Continue reading Bankruptcy to get out of debt
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Bankruptcy to stop lawsuit
Filing for bankruptcy will stop a civil lawsuit at least in the short term . The automatic stay is what will prohibit people from collecting from you and you will be protected from a judgment being entered in the lawsuit until a creditor takes the necessary steps to get a court order allowing them to… Continue reading Bankruptcy to stop lawsuit
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When bankruptcy is the only option
There are a several signs that indicate bankruptcy is probably your best or only financial option. These include when you actually have income but not enough income to pay for your basic need so you start to use a credit card to pay for your basic needs.  Since you cant pay your basic needs you… Continue reading When bankruptcy is the only option
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Why bankruptcy law
You may ask yourself about the purpose of bankruptcy law and why there is such thing as a bankruptcy process. Could it give people an incentive to not pay their debts back or to accumulate large amounts of debt only to have it discharged by a bankruptcy?  I guess some people think this way but… Continue reading Why bankruptcy law
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Why bankruptcy happens
Bankruptcy happens as a result of being insolvent, or unable to pay back your debts. Bankruptcy is a legal status that lasts for a few month to several years depending on the kind of bankruptcy you pursue.  It is an alternative to get rid of debts that you are unable to pay by yourself. It… Continue reading Why bankruptcy happens
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Bankruptcy with divorce
Whether you should file a bankruptcy before or after your divorce depends upon your debts, properties, where you are living and a web of other issues. When considering bankruptcy with divorce you will want to consider all options to know if you should get divorced first or file for file a bankruptcy first, that way… Continue reading Bankruptcy with divorce
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Bankruptcy without affecting spouse
Sometimes only one of the parties in a marital relationship has debt and needs to file for bankruptcy.  Sometimes some or all of the debt is held in both parties names.  If one spouse files for bankruptcy individually, only the person who filed for bankruptcy will be able to get a discharge or relief from… Continue reading Bankruptcy without affecting spouse
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Bankruptcy to avoid lawsuit
Bankruptcy can be a valuable tool to stop a lawsuit.  It depends, of course, on what kind of bankruptcy you file and if your debts are dischargeable or nondischargeable.   Many people file what is called a preemptive bankruptcy where they file after being sued by a creditor but before a judgment is actually entered… Continue reading Bankruptcy to avoid lawsuit
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Bankruptcy without losing house and car
Many people wonder if they can file for bankruptcy without losing their house and car.  This can be a loaded question since there are so many different kinds of bankruptcy with a number of different options.  The simple answer is YES but with all things in the law its qualified.  Typically cars with little or… Continue reading Bankruptcy without losing house and car
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Why bankruptcy is the best option
Bankruptcy helps people who can no longer pay their debts on their own get a fresh start by liquidating their assets to be able to pay their debts or by creating a repayment plan.  These are called Chapter 7 bankruptcy and Chapter 13 bankruptcy respectively. Filing for bankruptcy will in most cases prevent your creditors… Continue reading Why bankruptcy is the best option
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Bankruptcy when married filing individually
If you are married you can file bankruptcy with or without your spouse.  Filing bankruptcy without your spouse depends on your assets and your income if it is better for you to file with your spouse or individually. If you are married filing individually, your spouse does not have to attend the 341 creditors meeting… Continue reading Bankruptcy when married filing individually
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Bankruptcy to clear all debt
Had someone send me a question about a bankruptcy to clear all debt.  What they were talking about was filing for Chapter 7 bankruptcy.  A Chapter 7 bankruptcy is designed to wipe out most if not all of your unsecured debts (debts that are not somehow tied to property).  Where a Chapter 13 bankruptcy can… Continue reading Bankruptcy to clear all debt
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Why bankruptcy is important
Ever wonder why do we have bankruptcy and why it's important?  Bankruptcy is important because it is one of the few tools we have to free ourselves from financial enslavement. People who cannot work freely are unproductive yet when debtors become liberated from their debts they usually once again become productive and functional to society. … Continue reading Why bankruptcy is important
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Bankruptcy can be hard on so many levels
Bancruptcy, Bankrupse, Bankrupcie, Bankrupsy, Bankrutpcy, Bankrupsie, Bankruptcse, Bankraptcy, Bancruptsty, Bankrupsy, Bakruptcy, Bankrupty, Bankrupcy, Bancrutpcy Recently an attorney friend of mine commented about the sign at the hearing location we were attending had misspelled the word "bankruptcy". Bankruptcy can be a hard word to spell.  So I decided to start to keep a list of the many ways that I… Continue reading Bankruptcy can be hard on so many levels
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Bankruptcy to stop garnishment
Sometimes a creditor obtains a judgment against a debtor and the seeks ways to collect on that judgment.  Usually the first place they look to collect on their judgment is the debtors wages.  If a debtor is employed it can be easy for the creditor to look at garnishing wages.  Wage garnishments are when the… Continue reading Bankruptcy to stop garnishment
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Bankruptcy for farmers
If you farm you know that times can be tough.  Weather, unstable crop prices, equipment failure, price of fuel, crazy government regulations - the problems you deal with everyday can seem endless and overwhelming at times.  Sometimes you just need a little bit of help to restructure the operation so you can make ends meet. … Continue reading Bankruptcy for farmers