Monday 30 October 2017

Filing A Chapter 13 Bankruptcy Utah

By Sarah Phillips


Most people cannot live or progress in life without debt. However, some people often push their borrowing to the limits. For instance, there are people who own houses they can barely afford due to the high monthly payments, and they still have credit card debt, personal loans, car loans, student loans and utility bills among other things. These individuals can easily find themselves unable to service their debts. This will force them to file a chapter 13 bankruptcy Utah.

This option is available to any individual consumer who has a regular income and a lot of unsecured bad debts. Corporates and individuals with unreliable income sources cannot use this option to get rid of their bad debts. To qualify, a trustee must first analyze the finances of the applicant to ensure they meet all the minimum requirements.

After the court gets a petition for bankruptcy, the first thing that will be done is the appointment of a trustee to supervise the entire process for the court. A trustee is a neutral party whose main goal is to ensure the law is followed to the letter. They do not work for creditors nor themselves.

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.

When you become bankrupt, you should know that you will not be able to access low interest credit facilities and financing. You may also not be able to rent a car or house. If you are seeking a job in the financial sector or in a managerial position, all your applications may be rejected. You should know these consequences before you apply to become bankrupt.

It is important to note that student loans and spousal support cannot be forgiven no matter what. Child support payments must also be made in a timely manner and cannot be written off when you are bankrupt. Be sure to keep this in mind when seeking bankruptcy protections.




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