Bankruptcy discharge vs dismissal
May people confuse the difference between a bankruptcy discharge vs dismissal but they are two very different and distinct outcomes of bankruptcy. A bankruptcy discharge means that the requirements set out by the court have been met by the debtor(s) (the party filing the bankruptcy). In a Chapter 13 bankruptcy a discharge means that… Continue reading Bankruptcy discharge vs dismissal
Where are bankruptcy proceedings held
Are bankruptcy proceedings held in federal courts? In Utah those courts are located in Salt Lake City and in Saint George, Utah. The clerk of the bankruptcy court is located at the court in Salt Lake at 350 South Main Street, Salt Lake City in the Moss Courthouse on the Third Floor. Bankruptcy is part… Continue reading Where are bankruptcy proceedings held
Bankruptcy with no money
It is difficult to file bankruptcy with no money. Your attorney will charge you a retainer fee and then there is a court filing fee. In a strange way it’s ironic, but bankruptcy can seem like a very expensive undertaking when you have no money. Bankruptcy with no money can seem impossible. Are you wondering… Continue reading Bankruptcy with no money
What you should ask
Here are the Top 10 Questions we think what you should ask (and the lawyer should be prepared to answer) during your first consultation: 1. Should I file for bankruptcy? This question will most likely provide you with a lot of answers. The lawyer should explain that there are five different types of bankruptcy. Most… Continue reading What you should ask
Why does bankruptcy happen
Why does bankruptcy happen? Bankruptcy occurs when you are insolvent and can’t afford to pay off your debts. It is also the process of seeking legal advice from an attorney and from getting legal relief from your debts, and protection from your creditors. It can be the result of a lot of credit card debt,… Continue reading Why does bankruptcy happen
What Bankruptcy Can Do
Q. What bankruptcy can do for me? In a Chapter 7 bankruptcy will cover debts like medical bills, credit card charges, personal loans, (in very rare circumstances) student loans, business debts, auto accident claims, attorney fees, money owed over lease agreements, utility bills. In a Chapter 13 case the most common types of debts that… Continue reading What Bankruptcy Can Do
8 Interesting Things to Know About Filing Bankruptcy
Eight Interesting Things to Know About Filing Bankruptcy. The following are interesting things to know about filing bankruptcy. The decision to file bankruptcy can be tough so here are eight things you need to consider or know about before you make that decision: 1. Deadlines. Deadlines are critical in bankruptcy court. The rules in bankruptcy… Continue reading 8 Interesting Things to Know About Filing Bankruptcy
What are bankruptcy judges
What are bankruptcy judges. In the United States bankruptcy judges are appointed by the majority of judges in the U.S Court of Appeals for that U.S district court. What are bankruptcy judges are judicial officers. They are appointed for a period of 14 years and every 14 years need to submit recommendations about the number… Continue reading What are bankruptcy judges
Do I need credit after bankruptcy
Many times I am asked do I need credit after bankruptcy? If you have just filed a Chapter 7 or Chapter 13 bankruptcy due to financial problems with credit, creditors and/or credit cards or overwhelming medical debt you may have said to yourself that you will never no way no how use credit again. Most… Continue reading Do I need credit after bankruptcy
What happens on your credit report when you file bankruptcy
One common question I hear is what happens on your credit report when you file bankruptcy ? The first thing you need to realize is bankruptcy filings are a public record. The fact you filed for bankruptcy can legally be listed on your credit reports. As long as it is listed on your report your… Continue reading What happens on your credit report when you file bankruptcy
Secured versus unsecured creditors
TYPES OF CREDITORS To understand bankruptcy, credit and debt it helps if you understand the different types of parties involved in the process. So lets focus in this posing on creditors. It is also important to understand the different types of debt in a bankruptcy. So lets focus on Secured versus Unsecured Creditors. SECURED CREDITORS… Continue reading Secured versus unsecured creditors
The automatic stay
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
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
2018 AVVO Award
PRESS RELEASE For Immediate Release Orem, UT – Attorney Douglas L. Barrett of Orem has been named once again a Top Rated Lawyer by the website AVVO. AVVO is he premier online legal marketplace that connects consumers and lawyers. Douglas "The Bankruptcy Guy" Barrett has been practicing bankruptcy law since 2000. Barrett received his… Continue reading 2018 AVVO Award
Bankruptcy for cheap
Bankruptcy for cheap in Utah. Sometimes people are unable to afford the fees charged by bankruptcy attorneys and look to file bankruptcy for cheap. While many attorneys offer payment plans, your case will not be filed until all fees are paid in full. This means that you will not have bankruptcy protection against creditors while… Continue reading Bankruptcy for cheap
Bankruptcy to keep your home
You may want to consider filing bankruptcy to keep your home, or at least use it to delay foreclosure in some difficult circumstances. The majority of people that declare bankruptcy are able to keep their home throughout the process, but some are not. The government does not expect landlords and other property owners to provide… Continue reading Bankruptcy to keep your home
Doing medical bankruptcy
Out-of-pocket medical costs—like deductibles, doctor’s office co-pays, and prescription drugs—pushed more than 10 million Americans below the poverty line in 2015, according to the U.S. Census. So its not surprising that the leading cause of personal bankruptcy in the US is linked to medical expenses. Bankruptcy lawyers deal with doing medical bankruptcy on a daily… Continue reading Doing medical bankruptcy
Bankruptcy and inheritance
Bankruptcy and inheritance in Chapter 13 bankruptcy: If you receive an inheritance while you are in the midst of a Chapter 13 bankruptcy repayment plan, most courts will require that you pay this amount into your Chapter 13 plan. In a Chapter 13 bankruptcy case you propose a plan to repay your creditors over a… Continue reading Bankruptcy and inheritance
Bankruptcy to avoid judgment
Should you file bankruptcy to avoid judgment being entered against you? Not an uncommon question around here. First of all lets talk about what a judgment is all about: A judgment is the result when you are sued and either don’t respond to the lawsuit or lose the lawsuit. The judge, in finding in favor of… Continue reading Bankruptcy to avoid judgment
Is bankruptcy like stealing
Is bankruptcy like stealing? I have had this question recently ask of me. My response in that is utterly false. Every year, over one million people file for bankruptcy, whether through Chapter 7, Chapter 12 or Chapter 13. These are good people who are in difficult financial situations. While there is always a few bad… Continue reading Is bankruptcy like stealing
Bankruptcy and IRS Form 1099
So I have been getting a bunch of calls from my clients lately about bankruptcy and IRS Form 1099 that they received in the mail. This being tax time and all it's important to know your rights. If you filed bankruptcy last year make sure you tell your tax preparer about it - especially if… Continue reading Bankruptcy and IRS Form 1099
When bankruptcy is dismissed
There are a number of reasons why a bankruptcy case can be dismissed. Typically, the causes go from intentional misconduct (i.e., fraud and bad acts) to the failure to do something like to file the correct forms with the court or attend a required hearing. Here are some of the most common reasons when bankruptcy… Continue reading When bankruptcy is dismissed
Where are Utah bankruptcy petitions filed
Where are Utah bankruptcy petitions filed is a common question. You need to first understand the two court system we have in the United States. There are state court systems and the federal court system. Bankruptcy and is related laws and rules stem from a clause in the U.S. Constitution making bankruptcy part of the… Continue reading Where are Utah bankruptcy petitions filed
What bankruptcy can I file
In order to determine what bankruptcy can i file for or if you are eligible for bankruptcy, you must take the means test. in 2005 Congress made major changes to the bankruptcy laws via changes to the U.S. Bankruptcy Code. One of the new changes was something called the "Means Test". The means test will… Continue reading What bankruptcy can I file
How bankruptcy stops foreclosure
First lets establish that foreclosures don’t happen overnight, it is usually after 3 or 4 missed payments on a mortgage that lead to a foreclosure action being filed. Foreclosure is the action a lender takes to obtain possession of the property that the loan was secured upon. For most people when they talk about… Continue reading How bankruptcy stops foreclosure
Bankruptcy without tax returns
You can file a bankruptcy without tax returns but if you have unfiled tax returns it may be in your best interest to file them before you file as opposed to right after you file for bankruptcy. It is in you best interest to have your tax returns filed prior to the filing of your… Continue reading Bankruptcy without tax returns
Stop debt collector calls
One of the most common reasons people decide to file for bankruptcy is to stop debt collector calls. by filing bankruptcy you can immediately stop debt collector calls. Any collector that still attempts to collect on a debt once they know about your bankruptcy is in violation of 11 U.S.C. Sec 362. Bankruptcy is a… Continue reading Stop debt collector calls
Bankruptcy who knows
In my experience most people don't want others to know about their financial issues and challenges. This certainly goes for bankruptcy. So I get this question all the time if I file for bankruptcy who knows ? Your lawyer, your creditors, you, and whoever else you decide to tell. Bankruptcy is a public record and… Continue reading Bankruptcy who knows
Bankruptcy discharge vs closed
Bankruptcy discharge is when the debtor is released from liability to pay his or her debts and no longer required to pay any debts that are discharged, and it also prohibits creditors from coming to collect your debt. Getting a bankruptcy discharge is a big step in a bankruptcy case but it’s not the end… Continue reading Bankruptcy discharge vs closed
Bankruptcy court in Utah
Bankruptcy court in Utah is located in Salt Lake City at 350 Main St #301, Salt Lake City, UT 84101. The Bankruptcy Court in Utah is located in the Moss Courthouse. The Moss Courthouse has been the main US Courthouse in Utah for over 100 years. Recently a new federal courthouse was built next to… Continue reading Bankruptcy court in Utah
How bankruptcy affects credit score
No matter which bankruptcy you file for, it will show you how bankruptcy affects credit score. That affect be for the good or the bad. Whether it is a Chapter 7 bankruptcy or a Chapter 13 bankruptcy it will be how bankruptcy affects credit score. We find many of our client actually improve their… Continue reading How bankruptcy affects credit score
What bankruptcy cannot do for you
Bankruptcy is not the silver bullet that will cure all your financial issues. Many people want to know what bankruptcy can do for them here is what bankruptcy cannot do for you. There are debts that bankruptcy cannot eliminate like student loans, child support, alimony and most secured debts. What bankruptcy cannot do for you and… Continue reading What bankruptcy cannot do for you
What bankruptcy means
The simple answer to what bankruptcy means is that "the bank is broken." What bankruptcy means that you most likely do not have sufficient assets or money to pay off or cover your debts. What bankruptcy means in todays usage is a legal maneuver that can help way to wipe out those debts that you… Continue reading What bankruptcy means
Saturday bankruptcy consultation
Have you ever wondered if bankruptcy was a solution to your problems? We are participating in the Saturday Bankruptcy Clinic this coming Saturday. This Saturday bankruptcy consultation will be FREE at our Orem location: 1215 S Main Street, Orem, Utah. We know that it is sometimes hard to take off from work and so we… Continue reading Saturday bankruptcy consultation
Bankruptcy for child support
Congress decided that child support is too important to be discharged in a bankruptcy. It is not possible to get a discharge in bankruptcy for child support. Child support has been granted a priority status in bankruptcy. As a result of that your child support will be placed in as a priority debt in… Continue reading Bankruptcy for child support
Bankruptcy who to contact
When considering to file bankruptcy who to contact is a big deal. Since bankruptcy is most likely one of the bigger financial decisions you will make in your life finding the right attorney to help is important. When your filing make the decision to consider bankruptcy who to contact is the logical next decision. You’ll… Continue reading Bankruptcy who to contact
Bankruptcy without assets
There is no requirement to have assets when you file bankruptcy so you can certainly file bankruptcy without assets. In a "No Asset" Chapter 7 bankruptcy case, the debtor doesn’t own any assets or property that the creditors can take therefore they have a bankruptcy without assets. The debtor possesses nothing that can be sold… Continue reading Bankruptcy without assets