Sunday, 29 October 2017

Filing A Chapter 13 Bankruptcy Utah

By Sarah Phillips


Living a life without debt is possible, but it will take you much longer to achieve your goals. For instance, if you would like to own a house, it will take you decades to save to buy the house. Meanwhile, you would be paying rent the entire period. The better option would be to take out a loan to buy the house and use the rent you would have paid to service the mortgage. If you find yourself with too much bad debt, it is important you consider filing a chapter 13 bankruptcy Utah.

Bankruptcy is a legal option available to debtors with reliable sources of income. It is meant for individual debtors, so corporations, businesses and other types of organizations cannot use this chapter. A trustee is normally appointed by the court to scrutinize the financial records, tax returns and bank statements of the debtor to ensure they qualify 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 only reason why someone would voluntarily ask the court to declare them bankrupt is to get protection from creditors. Once declared bankrupt, the court will stop creditors from pursuing the debtor or communicating with them in any way. Any penalties and fees will also be frozen. This means that the debtor can get peace of mind once they get these legal protections.

It is important you look for legal representation when seeking to become bankrupt. This is because the legal jargon and lack of knowledge of procedures can be overwhelming. Therefore, you need to have competent counsel by your side.

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.

The beauty of this option is that the debtor is required to make their own repayment plan without any restrictions. What matters is that the monthly payments are significant in relation to their income. If the plan is approved, the debtor will have to send the money to the trustee on a monthly basis without default. In return, the debtor will have all unpaid debts forgiven once the bankruptcy period lapses.

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.

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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