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Why bankruptcy isn’t always bad
Filing for bankruptcy has always had a bad reputation, in the minds of some people it seems to indicate that the person has self inflicted financial troubles or even worse is attempting to take advantage of the people they owe money too. That isn’t always the case, in fact in my experience this is hardly… Continue reading Why bankruptcy isn’t always bad
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Why declare bankruptcy
There are several indicators that its is a good idea to declare bankruptcy. Why declare bankruptcy? For example when you’re paying for every day necessities with a credit card, your interest rates are rising because of missed payments, one credit card is paying off debt of another credit card, you have multiple jobs and it… Continue reading Why declare bankruptcy
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Bankruptcy where to start
Where to start your bankruptcy?  The idea can be overwhelming and frightening.  As you begin your journey to a financial fresh start its important to determine what is your financial goal.  If you are thinking about bankruptcy it is safe to assume that you have been dealing with financial problems for a period of time… Continue reading Bankruptcy where to start
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What bankruptcy district am I in
The U.S. Bankruptcy Court is part of the United States Federal Court System.  As of the writing of this blog there are 94 Bankruptcy Districts in the United States.  In all districts there is at least one siting bankruptcy court judge and a clerk of court.  Almost all federal bankruptcy districts have more than on… Continue reading What bankruptcy district am I in
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Bankruptcy dismissal vs discharge
There appears to be a lot of confusion out there about what is actually a bankruptcy dismissal vs discharge.  These are two very different things and you should understand both of them. When you are a debtor you do not want a dismissal of your case.  A bankruptcy dismissal will closed your case in fact… Continue reading Bankruptcy dismissal vs discharge
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Bankruptcy when you own a home
Most of the time when you are thinking about bankruptcy it comes at a stressful point in your life.  One of the principal worries is probably if you’ll be able to keep your home or not. This will depend on several factors including the type of bankruptcy you file. The good news is that with… Continue reading Bankruptcy when you own a home
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Which bankruptcy is the worst
This is an interesting question.  Worst in what way? This is my first come back to such a question since if your are a creditor you probably think all bankruptcy is bad (if you are a creditor read about Chapter 13 - it is actually good for creditors).  If you are a debtor, I take… Continue reading Which bankruptcy is the worst
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Where to get bankruptcy discharge papers
Once your bankruptcy case concludes, you will receive what is known as a bankruptcy discharge which states that all dischargeable debts are no longer enforceable. Creditors whose debts are discharged in the petition can no longer contact you about your debt or file any legal proceedings against you. It is very important to keep this… Continue reading Where to get bankruptcy discharge papers
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Bankruptcy when you own a house
Many people want to know if they file bankruptcy what will happen to their house.  The treatment of your house in bankruptcy will be different depending  on which type of bankruptcy you end up filing. There are a number of types of bankruptcy.  The type of bankruptcy you file can be tricky decision and any… Continue reading Bankruptcy when you own a house
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Bankruptcy versus credit consolidation
Credit consolidation can be one way to work out your existing debts and possible save you some money on the repayments of those debts. Consolidating debts mean you take multiple payments that are due and combine them into one monthly or weekly payment. There are different pros and cons to credit consolidation. You may be… Continue reading Bankruptcy versus credit consolidation
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Bankruptcy when unemployed
For some reason that I have not been able to determine there is a rumor floating around that you need to employed to file for bankruptcy protection.  There is no requirement under the Bankruptcy Code to be employed to get protection of the bankruptcy court.  So rest assured that you can still file for bankruptcy… Continue reading Bankruptcy when unemployed
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How bankruptcy affects a cosigner
Ever wondered how you filing for bankruptcy might affect someone who has cosigned a debt with you?  Many people use a co-signer to purchase all types of things.  for the most part this is done because they have little or nor credit history or the credit history that they have is in very bad shape. … Continue reading How bankruptcy affects a cosigner
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Who pays the bankruptcy trustee
The answer to this common bankruptcy question is that it depends on what kind of bankruptcy you are filing.  In bankruptcy there are a number of different trustees - and it can sometimes get confusing if you don't deal with them everyday.  There are Chapter 7 Trustees, Chapter 11 Trustees, Chapter 12 Trustees, and Chapter… Continue reading Who pays the bankruptcy trustee
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Which bankruptcy is better to file?
A common question that I am asked is which bankruptcy is better to file?  As I am sure you understand this is loaded question.  Each type of bankruptcy addresses a different type of financial need. The first step in filing bankruptcy with our office is a consultation with the attorney. During this consultation the attorney… Continue reading Which bankruptcy is better to file?
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Bankruptcy when can I buy a house
Bankrupt so when can I buy a house?     So you want your dream home - but you just filed for bankruptcy - what can you do?  Typically it takes about two years after a bankruptcy discharge to be able to get a low interest mortgage.  In most cases government back lenders through FANNIEMAE… Continue reading Bankruptcy when can I buy a house
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Bankruptcy who qualifies
  Bankruptcy who qualifies:   If you answer yes to any of the following questions it may be an indicator that you qualify for bankruptcy. Bankruptcy who qualifies : 1. Are you a single individual or family with one income and more than $3000 dollars in unsecure debt? 2. Are you a two income family… Continue reading Bankruptcy who qualifies
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The Utah Bankruptcy Attorney Near Me
Let us help you with your financial stress.  The Utah Bankruptcy Guy now located in the heart of Utah County we help good folks in bad situations gain financial freedom.  Since 2001 we have helped thousands of Utah families get back on their feet.  We are offering free in office consultations to help with your… Continue reading The Utah Bankruptcy Attorney Near Me
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The bankruptcy where you pay back
Most people do not realize that there are actually five different types of bankruptcy.  Most of time when someone hears the word "bankruptcy" they assume you are talking about Chapter 7 bankruptcy the one where you eliminate your debts and possible lose all your assets.  The majority of bankruptcy cases filed are this kind of… Continue reading The bankruptcy where you pay back
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What is the timeline for a Chapter 7 Bankruptcy in Utah?
Most of my clients have not previously filed for bankruptcy.  One of the most common questions we get is about the general timeline and process for a typical Chapter 7 Bankruptcy.  In general, Chapter 7 is the quickest bankruptcy to complete.  The typical Chapter 7 case is completed within 90 to 180 days of the… Continue reading What is the timeline for a Chapter 7 Bankruptcy in Utah?
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What do I need to tell my attorney?
I know no one enjoys going to a stranger and telling all.  However when you are considering filing for relief from your creditors its advised that you have a trusted advocate on your side.  Finding an lawyer that you can trust that is near you is always helpful. At the Law Office of Douglas Barrett,… Continue reading What do I need to tell my attorney?
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Utah Bankruptcy Guy – How to find our new office
After more than 17 years at our old location we are excited to announce that we have moved.  Our new office is easier to find with great parking.  We are now in the heart of all the great new things happening in Orem just off the University Parkway.  Our address is: Law Office of Douglas… Continue reading Utah Bankruptcy Guy – How to find our new office
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Can you prevent an eviction with a bankruptcy?
This is a common phone call we get here at the office.  Most of the time it is someone who is behind on their rent and facing a potential eviction.  If this sounds like your situation you need to know that you may have options that will keep you in your home. The most obvious one is to catch up… Continue reading Can you prevent an eviction with a bankruptcy?
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How to get a Free credit report
I have a lot of Utah clients ask me how they can get a copy of their credit report as they prepare to file bankruptcy.  Federal law requires each of the three nationwide consumer credit reporting companies - Equifax, Experian and TransUnion - to give you a free credit report every 12 months if you ask for… Continue reading How to get a Free credit report
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Why should I file a Preemptive Bankruptcy?
The following are situations in which someone might want to consider bankruptcy as an option when faced with litigation where: • the outcome is not likely to be favorable; • the cost of defense is crippling; • the possibility of a judgment in excess of the Chapter 13 debt limits; or • findings of fraud are likely.… Continue reading Why should I file a Preemptive Bankruptcy?
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Press Release: 2015 Utah Legal Elite
Douglas L. Barrett, for the tenth consecutive year, has been named as one of the “Legal Elite” lawyers in the State of Utah in a recent poll conducted by Utah Business, a state-wide publication. The announcement was made in the March 2015 Legal Resource Guild of the magazine. The "Legal Elite" represent those Utah lawyers who… Continue reading Press Release: 2015 Utah Legal Elite
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WHAT IS CHAPTER 13 BANKRUPTCY?
To be eligible to be a Chapter 13 debtor, individuals must meet, among other things, the following two requirements: (i) they must have a regular income, and (ii) their debts must not exceed a certain amount. If the individual's current monthly income is less than the applicable state median income, the plan will generally be… Continue reading WHAT IS CHAPTER 13 BANKRUPTCY?
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CAN I RE-PAY A DISCHARGED DEBT AFTER MY BANKRUPTCY CASE HAS BEEN CONCLUDED?
A debtor who has received a discharge may voluntarily repay any discharged debt. A debtor may repay a discharged debt even though it can no longer be legally enforced. Sometimes a debtor agrees to repay a debt because it is owed to a family member or because it represents an obligation to an individual for… Continue reading CAN I RE-PAY A DISCHARGED DEBT AFTER MY BANKRUPTCY CASE HAS BEEN CONCLUDED?
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Three Ways To Improve Your Credit Score After Bankruptcy
Good financial habits must be cultivated and maintained over time in order to raise your credit score after you file for bankruptcy. Here are three simple steps that can help you improve your credit rating. 1.Pay your debts early and religiously to make sure you are always in good standing. 2.Getting a secured, affordable loan and paying it back… Continue reading Three Ways To Improve Your Credit Score After Bankruptcy
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Your Retierment Account in Bankruptcy
In Utah when facing a debt crisis, the decision to use or not to use your retirement account to bail you out of the crisis is an important one. Too often we see prospective bankruptcy clients come into the office who have just recently cashed in their retirement accounts in an attempt help them survive their financial problems only to realize that… Continue reading Your Retierment Account in Bankruptcy
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Can I have too much debt to file for bankruptcy?
This is a common question here at the office: Is there a certain amount of debt that somebody needs to have before they can file a Utah bankruptcy. The answer is that there is no minimum amount of debt that is required to file for bankruptcy protection.  Sometimes you can actually have too much debt to… Continue reading Can I have too much debt to file for bankruptcy?
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Bankruptcy and Divorce
More often than not divorce and financial difficulties go hand in hand. If you think about it this makes sense, because when two people who had previously been sharing at least some of their living expenses decide to part ways and establish separate households, each of them becomes responsible for paying for everything that they then… Continue reading Bankruptcy and Divorce
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If I'm married do I have to file bankruptcy with my spouse?
No, the United States Bankruptcy code does not require married couples to file together. However, in most of the cases I see, both spouses usually choose to file together. But there are exceptions, such as recent newlyweds, sometimes only one spouse files thereby preserving the credit standing of the other, non-filing spouse. You do need to… Continue reading If I'm married do I have to file bankruptcy with my spouse?
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Will I lose my car if I file for bankruptcy?
I get this question all the time. “I need my car to get to work – will I lose it if I file for bankruptcy?” That’s a loaded question and hard to answer in 30 seconds. What you need to understand that every case is different but in most cases you can choose a type… Continue reading Will I lose my car if I file for bankruptcy?
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What kind of question will a bankruptcy lawyer ask me in my first consultation?
I always tell prospective clients to be prepared to answer some questions like this: • What kind of debts do you owe? • Are you able to pay the minimum payments on your bills? • Do you find yourself spending more money than you make? • Are creditors constantly calling you? Are your wages being garnished? I… Continue reading What kind of question will a bankruptcy lawyer ask me in my first consultation?
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Can I file for bankruptcy in Utah if I don’t have a job?
One of the most common reasons for filing for bankruptcy is when someone has lost of a job. The answer then is YES you can definitely file for bankruptcy if you don't have a job but whether or not the bankruptcy will be successful will depend on which type of bankruptcy you file for. Chapter… Continue reading Can I file for bankruptcy in Utah if I don’t have a job?
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Do I have any rights against a debt collector?
Most creditors start debt collection efforts with a series of form letters, then they move onto phone calls, and then either a repossession occurs or the debt is referred to a collection agency or an attorney for suit. Most parties that collect debt on behalf of an original creditor are restricted by the Fair Debt… Continue reading Do I have any rights against a debt collector?
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Bankrupt and over 65?
According to a recent report from the Institute for Financial Literacy, bankruptcy filings are on the rise among older Americans. In the past, most retirees who file bankruptcy have been driven into financial ruin by unmanageable medical bills. These days, however, its more likely to be credit card and other consumer debt. Credit card interest and… Continue reading Bankrupt and over 65?
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Student Loans and Bankruptcy
Student loans are the most common way Utahans use to fund an education, specifically college and graduate school.  They can also provide educational opportunities that you may otherwise not have been able to obtain due to the cost. Sadly in many of the Utah cases that I see college grads are left with a diploma and the crushing financial burden of both… Continue reading Student Loans and Bankruptcy
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Its time to end your debt now!
Orem - Provo, Utah bankruptcy video just posted to YouTube. It is time to end your debt now!
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What questions should you ask a bankruptcy lawyer at your first consultation?
When you’re thinking about filing for bankruptcy it’s critical that you hire an experienced bankruptcy lawyer to help you through the process. Most Utah lawyers offer free initial consultations in personal bankruptcy cases. This is good for the consumer since it will give you an opportunity to meet with different lawyers to determine who you… Continue reading What questions should you ask a bankruptcy lawyer at your first consultation?
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Looking for a cheap bankruptcy attorney near you? Something you should know:
So here is the inside scoop: 1. All bankruptcy attorneys filing in a specific court charge within a few hundred dollars of each other. This goes for the bankruptcy court in Utah. The reason: Bankruptcy fees are disclosed in all cases and they are easily available for viewing on-line by attorneys that work in that… Continue reading Looking for a cheap bankruptcy attorney near you? Something you should know:
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Can I File Bankruptcy For My Medical Bills?
Having overwhelming medical debt is a leading factor that leads to people needing to file a bankruptcy in Utah. In the majority of cases I see this arises from the failure of the debtor to have medical insurance. Even if you have medical coverage it is possible to run up huge medical debts your insurance… Continue reading Can I File Bankruptcy For My Medical Bills?
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After filing for bankruptcy do I need to keep paying my house and car payment?
If you want to keep your house or car after filing for bankruptcy then you need to continue to make monthly payments. The way you make the payment may very depending on the type of bankruptcy you file.  You should make sure your Utah bankruptcy lawyer lets you know how you should be making your payments after your case… Continue reading After filing for bankruptcy do I need to keep paying my house and car payment?
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Three Common Utah Chapter 7 Bankruptcy Mistakes
These are three of the most common mistakes I see right before someone goes in bankruptcy court: 1. Making A Preference Payment If you owe on credit cards or medical debt and instead of paying that debt you pay on a past-due debt to family within 1 year of filing bankruptcy, that is a preference payment. The… Continue reading Three Common Utah Chapter 7 Bankruptcy Mistakes
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When will my bankruptcy case be over?
  A call came into the office today asking this question. So when does a bankruptcy case get finished? Unfortunately, a discharge of debt does not close a bankruptcy case. Before your case is closed, a Trustee must liquidate non-exempt assets to pay your creditors and see all other legal matters resolved. This process can… Continue reading When will my bankruptcy case be over?