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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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,…

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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…

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