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

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

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 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 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 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

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

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