Looking for a Utah bankruptcy attorney? Bankruptcy enables honest people who cannot pay their bills to have a fresh financial start by relieving them, debtors, of their debts. People file bankruptcy for many different reasons, but some of the common ones are job loss and a subsequent period of unemployment, large medical expenses that are not paid by insurance or a government program, and divorce.
Bankruptcy is a federal, constitutionally-derived power, and Congress has been granted the power to pass bankruptcy laws. Although bankruptcy law falls under federal jurisdiction, and all bankruptcy procedures take place in federal courts, the states are allowed to opt out of the federal exemption plan, and enact their own property exemption scheme. Utah is one of these states, and therefore the Utah Exemptions Act is used to decide which property is exempt from having creditors attaching it to satisfy a debt. Learn more at http://markalexander.over-blog.com
What things should I think about before I file for bankruptcy in Utah?
Bankruptcy is a very serious issue and is not something that should be taken lightly. Bankruptcy is most effective for people who, after bankruptcy, will have enough income to support themselves and pay their bills. Bankruptcy is generally considered something of a last resort– something that you do when you have tried, but just cannot pay your bills. This is why you need a Utah bankruptcy attorney like Ryan E. Simpson.
Once you file for bankruptcy your debts and your property will, in a sense, be placed into the hands of the bankruptcy court. Once this happens you will not be able to pay any of the debt’s you had before bankruptcy, or sell any of your pre-bankruptcy property, without receiving permission from the court. For the most part however, your post-bankruptcy income and property is yours and under your control. Many people file for bankruptcy each year both in the United States and in Utah, and it is available as a resource to use when you need a “clean slate.” Learn more at http://bnkut.blogspot.com
Who can file for bankruptcy?
To file for bankruptcy in the United States you must live, be domiciled, own property, or have a place of business here. A person does not have to be insolvent to file for bankruptcy. Additionally, you generally have to have lived in a state for 6 months before you file; this means that if you are planning on filing for bankruptcy in Utah you will need to have lived here for the majority of the previous 180 days. For specific bankruptcy eligibility and filing requirements, look below:
Chapter 7: In addition to the above, you must be a person (not a banking institution or a railroad.) While there are no debt limits, you nevertheless cannot file under Chapter 7 if you have received a bankruptcy discharge in the previous 6 years.
Chapter 13: To file under this chapter you must be an individual, and have a regular source of income. Your income can result from a variety of sources, including but not limited to employment, retirement, Social Security, disability, or family. Another important factor in deciding whether Chapter 13 is the appropriate bankruptcy chapter for you to file under are the debt limits. The maximum amount of unsecured debt a consumer can have to file in Chapter 13 is $290,525. For secured debts the maximum amount is $871,550.
Make sure to hire Utah Bankruptcy attorney Ryan E. Simpson today!