What is a bankruptcy discharge?
A bankruptcy discharge under under sec 1328 or sec 727 will permanently eliminate debts when the person filing bankruptcy completes all the requirements for their case. Generally, a discharge will cover things like credit cards, repo fees, foreclosure fees, medical bills, personal loans, bank fees/penalties. There…
Learn MoreWhat Happens if My Bankruptcy Case is Dismissed?
When a case is dismissed for a variety of reasons there are several consequences that can ensue. Essentially, the biggest issue with a dismissed bankruptcy case is that a person no longer has bankruptcy protection from creditors. This means that creditors who were unable to collect…
Learn MoreHow do I Stop Foreclosure with Bankruptcy?
11 U.S.C. 362 states that upon the filing of a bankruptcy case, sale/transfer/lease/assignment of property must cease without leave of the bankruptcy court. This generally means that foreclosure cannot occur without bankruptcy court approval once a chapter 7 or 13 is filed. However, chapter 7 will…
Learn MoreWhat Happens at a 341 Meeting of Creditors?
11 USC 341 requires that most individuals who file bankruptcy attend a meeting of creditors. Normally, people are required to bring the following items to the meeting: picture ID proof of social security card (W-2, passport with SSN) most recent paystub bank statement covering the month…
Learn MoreWho qualifies for chapter 7 bankruptcy?
11 USC 109 (Federal law) determines who can file for chap 7, but generally here are the qualifications: Be a living person Have lived in the state where you want to file for at least 6 months (some exceptions apply) Make less than the amount listed…
Learn MoreWhat Happens to my car in Bankruptcy?
Simply put, if a car is worth more than $3000 and there isn’t a loan against the vehicle, the chapter 7 bankruptcy trustee could sell thecar. Here in the 10th circuit, we use the “replacement value” which is generally determined by going to NADA.com. A personal…
Learn MoreCan I keep my house in bankruptcy?
The answer is usually, it depends! Chapter 7: According to Utah’s Exemption statute, a person who owns real estate in Utah is eligible for up to $30,000.00 worth of protection for the equity you have in your home. For example, if a home is worth $130,000…
Learn MoreWho are the Bankruptcy Trustees in Utah?
Click “read more” to see a complete list of bankruptcy trustees for Utah Bankruptcy Chapter 7 Note: The individuals listed are private parties, not government employees. Steven R. Bailey 2454 Washington Blvd. Ogden, UT 84401 E-mail: lawoffice@baileylaw.org Phone: (801)621-4430 J. Kevin Bird 384 East 720 South…
Learn More