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What To Know About Chapter 13 Bankruptcy Utah

By Sarah Phillips


Trying to acquire expensive property, vehicles or pieces of equipment by saving money and paying cash does not make sense. Why should you live in a rental house for two decades just to save money to buy your own house for cash? Instead of saving money and paying rent at the same time, why not take out a mortgage and use the rent to service your mortgage. However, you should be careful not to accumulate too much debt as you may have to file a chapter 13 bankruptcy Utah.

This bankruptcy chapter is only available to individual consumers who have a lot of unsecured personal debt. To qualify, the applicant must have a reliable source of income. Individuals with unreliable sources of income as well as corporate entities and businesses cannot apply for this option.

When a court receives an application from a debtor, a trustee is appointed to oversee the process. The first thing the trustee will do is confirm that the debts listed by the applicant are subject to bankruptcy proceedings, and they meet the minimum threshold. The next step is to check the annual income of the applicant based on bank statements and tax returns. If everything checks out, the debtor can be declared bankrupt.

The main reason why a debtor may seek to be declared bankrupt is to get legal protections. Creditors normally use collection agencies to force debtors into paying their debts. They also charge additional penalties and fines. Once the debtor has been declared bankrupt, all penalties and fines will be frozen and creditors, or their agents, will be ordered not to communicate with the debtor in any way.

You should never seek a legal solution for your debts without consulting a competent attorney. This is because most legal processes come with serious legal consequences that only a qualified attorney can explain to you. Therefore, you should take your time to find the right legal counsel.

The number of cases handled by a Utah lawyer is the best measure of their experience. Therefore, you should not just look at the number of years they have been offering services to the public. The most experienced lawyer is able to advise you properly on the issue at hand.

In this chapter, debtors are required to make their own repayment plan that is based on their average monthly income. If the figure is acceptable to the trustee and court, it will be approved. The debtor will then be required to make the agreed monthly payments towards settling their debts. All these moneys must be sent to the trustee for distribution to creditors.

There are a number of things you cannot do when you become bankrupt under this legal provision. For instance, you cannot sell your assets or access low interest loans. You will also not be able to get certain jobs or promotion to a senior level in most organizations. Renting a car or house will also become a challenge.

When you become bankrupt, you can rest assured that most of your debts will be forgiven. However, some debts will not be written off. This includes student loans and child support payments as well as spousal support payments.




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