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Utah Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Utah on
Q: Trying to pay debt collection in full but they don’t send any written agreement why do I do ?

I have filed my answer with a debt collector with a motion to dismiss with prejudice. I want to pay and get it over with I am even willing to pay the amount that they ask but they will not give me a written agreement stating that I will no longer owe anything to them regarding this debt. What do I... View More

James L. Arrasmith
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answered on Mar 19, 2024

In your situation, it's important to proceed with caution. Never agree to pay a debt without a written agreement, as this document is your proof that the debt will be cleared upon payment. You need this to ensure they won't claim you still owe money later.

Since the debt collector...
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1 Answer | Asked in Bankruptcy, Civil Litigation and Small Claims for Utah on
Q: Debt agency send me to their lawyer How do I proceed ? They Didn’t want to send me a written agreement.

I want to pay the full debt I owe but their attorney does not want to send me a written agreement in Utah. The attorney I had a meeting with told me to send an email and that would be sufficient enough evidence to our agreement is that correct ? In the case that it sufficient enough what should... View More

James L. Arrasmith
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answered on Mar 13, 2024

If the attorney is not willing to provide a written agreement, that is concerning. While an email can serve as evidence of an agreement, it's always best to have a formal written contract when dealing with debt repayment to protect your interests. Here's how I would proceed:

1....
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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

James L. Arrasmith
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answered on Mar 13, 2024

In Utah, you are allowed to record phone calls as long as at least one party to the conversation consents. Since you are a party to the conversation and you consent to recording it, you can legally record your phone calls with the debt collector and their lawyer.

Here are some steps you can...
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2 Answers | Asked in Bankruptcy, Small Claims and Collections for Utah on
Q: Shady debt collector and lawyer what do I do ?

I owe a debt about $1703 it is mine it’s for a credit card. I called and they transferred me to their lawyer because I am in the process of being sued and I’ve had that confirmed as true. The lawyer I spoke to said if I didn’t pay within today or by Friday they would add $350 more into my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Mar 11, 2024

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its...
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1 Answer | Asked in Bankruptcy and Collections for Utah on
Q: Injunctive Relief for credit reporting accounts that were included in wage earner plan

I had on time payments on all of my accounts even when i filed bankruptcy. Once it was officially filed all 14 accounts were reported as negative marks as being banktruptcy.

When i have previously filed bankruptcy this never happened. One of the accounts is my car loan that I still make... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 5, 2022

Generally, the credit bureaus just publish comments about your accounts submitted by those creditors who subscribe to any of the credit bureau's service. The credit bureau itself doesn't generate comments about particular accounts, although the bureaus may have picked up your bankruptcy... View More

3 Answers | Asked in Bankruptcy and Estate Planning for Utah on
Q: Is prior "Small Business Administration" debt inherited after marriage?

My partner has a SBA loan from 2019. Will it become my debt after we get married?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 24, 2022

On those simple facts, no. You marry the partner, not his/her premarital debts. You would only become liable for the debt if you consented, e.g., by assuming the obligation with a writing signed by you for some new consideration.

But, if, for instance, you somehow participated in your...
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2 Answers | Asked in Bankruptcy for Utah on
Q: I am transgender and legally changed my name and gender. Do I answer a court summons to my old name?
Stuart Nachbar
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Stuart Nachbar
answered on Jan 14, 2022

This is not a bankruptcy question. This is a State Court matter, unless Federal Court, and you need to speak to someone in your State. This is because they (Plaintiff) may need to do an Alias Summons.

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1 Answer | Asked in Bankruptcy and Animal / Dog Law for Utah on
Q: I got a puppy and can't make the payments , I included seller in bankruptcy can he take her back?

I was supposed to pay 2 payments and haven't been able to. I am filling bankruptcy and included the seller. Can he come and get her like he is threatening to do?

Timothy Denison
Timothy Denison
answered on Sep 25, 2021

No. Not if you’ve actually filed bankruptcy. Until you file, yes.

1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... View More

Timothy Denison
Timothy Denison
answered on Jul 6, 2021

Sue Ditech.

3 Answers | Asked in Bankruptcy for Utah on
Q: Need to file, I just started a new job....

This is a question for a family memwber not myself. Bankruptcy is due to a debt from a failed sole proprietor business, they no longer have a bank account into heir name due to business and those accounts being closed, due to debts they are unsure if they will be able to get an account at Bank or... View More

Lloyd  Nolan
Lloyd Nolan
answered on Jun 30, 2021

That can cause a lot of mess and confusion for your spouse in her bankruptcy.

Do you want to do this? I suggest that you do the responsible adult thing and GET YOUR OWN BANK ACCOUNT!

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2 Answers | Asked in Bankruptcy for Utah on
Q: When can chapter 7 be filed after quitclaim deed in utah?

Mortgage was refinanced over two years ago, petitioner was not on the refinanced loan, but was never taken off deed to house. A quitclaim deed was filed in February 2021. Due to it not being done when the refinance took place. Will that cause potential problems when filing a Chapter 7,... View More

Timothy Denison
Timothy Denison
answered on Jun 29, 2021

Yes. You need to contact your bankruptcy attorney immediately!

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1 Answer | Asked in Bankruptcy and Banking for Utah on
Q: My credit union reported late loan payments when I was unemployed due to COVID-19, after being accommodated?

I was paid unemployment (California) based on $3,000 out of $38,000 in wages, against CARES Act calculation of unemployment for pandemic effected workers, and received only $87/week instead of $369, which disqualified me for extra $300/week in federal assistance.

As of Jan 31, 2020, I was... View More

Timothy Denison
Timothy Denison
answered on Feb 15, 2021

Give the reporting agency copies of your extensions and challenge the late reports on your credit report. That should be sufficient to correct it.

1 Answer | Asked in Bankruptcy for Utah on
Q: I have a question about liens. Can I include liens in a bankruptcy?

I have a question about liens. My ex-wife has a lien on my home for half of the equity of the home. My current spouse and I are on the current mortgage. I was hospitalized and accumulated a lot of debt from that hospitalization and there are two other leins on my home from a credit card judgement,... View More

Timothy Denison
Timothy Denison
answered on Jan 20, 2021

Yes. The liens can also be avoided under certain circumstances. Discuss with your bankruptcy Atty as to the best course of action.

1 Answer | Asked in Bankruptcy for Utah on
Q: filing Chp 7, in utah but my spouse it not, I am on the deed to the house but not on the mortgage. how does that work?

I am not on the mortgage but I am on the deed for the house. will that effect my spouse at all?

Timothy Denison
Timothy Denison
answered on Jan 1, 2021

No, not unless you have a lot of equity or she stops paying the mortgage.

1 Answer | Asked in Bankruptcy, Estate Planning and Workers' Compensation for Utah on
Q: Can your v. Successful x husband leave you homeless after 20 years of marriage and 4 kids?
David Luther Woodward
David Luther Woodward
answered on Dec 1, 2020

I don't know! You live in Utah and things are done differently there! LOL

Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and...
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2 Answers | Asked in Bankruptcy for Utah on
Q: My ex is filing a chapter 13 bankruptcy in WY is claiming to owe me less than he does, i have a lien should i file claim

My ex husband has never paid the marital equalization payment that became a judgement. I have a lien on the home but now he has filed a chapter 13, in it he claims that he owes me roughly 13,000 less than he owes me. should i file a claim in the bankruptcy court? the trustee warned me about going... View More

Timothy Denison
Timothy Denison
answered on Apr 28, 2020

The amounts he owes you, whatever they are, is a domestic support obligation and not dischargeable in bankruptcy. However, you should hire an attorney and file a proof of claim for the actual amount he owes, not the amount he claims he owes. That will help you get your money faster.

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1 Answer | Asked in Bankruptcy for Utah on
Q: We got our tax return before we filed chapter 13 on March 30 federal took $7500 of taxes for student loan debt

Got a letter from IRS they want to give us the $7500 back because of the current situation will we have to give it to the trustee

Timothy Denison
Timothy Denison
answered on Apr 17, 2020

Yes, unless you have sufficient exemptions left to protect it.

1 Answer | Asked in Bankruptcy for Utah on
Q: I filled a chapter 13 on March 30, will the trustee want to take the covid stimulus money

Haven't had the creditors meeting yet

Timothy Denison
Timothy Denison
answered on Apr 12, 2020

No.

1 Answer | Asked in Bankruptcy for Utah on
Q: Can an overpayment from and a long term insurance company be discharged in a chapter 7?
Timothy Denison
Timothy Denison
answered on Apr 7, 2020

Most likely, yes, unless there was some sort of fraud or dishonesty involved.

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