answered on Jul 20, 2018
Sounds like you were served with a 10-day summons. The plaintiff can you use a 10-day summons to serve a lawsuit (summons & complaint) without having to pay the court filing fee. Once the papers are served, the plaintiff has 10 days to file a lawsuit. The summons should have stated on it that... Read more »
answered on Jul 13, 2018
The Utah code section you reference is a statute of limitations on written contracts. It says you cannot collect on a debt created through a written contract more than six years after that became do or the most recent payment was made. However, this statute limitations applies to unsecured debts.... Read more »
answered on May 1, 2018
Utah homestead exemption laws allow you to exempt up to $5,000 for an individual or $10,000 for a married couple of equity in real estate that is not being used as your primary residence.
answered on Mar 2, 2018
The short answer is: Not likely. There is an exception in the law for the discharge of student loans if you can demonstrate "undue hardship". Every client who files bankruptcy is experiencing some form of undue hardship. The bankruptcy judges are extremely reluctant to grant an... Read more »
answered on Oct 4, 2017
There are two types of "Utah judges". There are judges that preside over matters in Utah state courts and federal judges that preside over matters in Utah's federal courts. Utah judges in Utah state courts have no authority to "turn down" or dismiss a bankruptcy petition.... Read more »
The debt has been discharged with the creditors but the judgments don't expire for a couple more years. Is the creditor able to renew the judgment even though the debt has been discharged?
answered on Aug 1, 2017
This answer assumes that you reside in Utah and the judgments were entered in Utah. If you reside in another state, the law on enforceability and renewable of judgments will vary. In Utah, if the judgments were entered prior to your bankruptcy filing, and if the judgment creditor filed the proper... Read more »
I have 9 days before they suspend my driving privilege for a accident I had with no insurance. if I FILE BEFORE THE DATE CAN IT SAVE MY DR FROM BEING TAKEN?
answered on Apr 27, 2017
Yes. Even if you file bankruptcy after your license has been suspended, you can have it reinstated immediately upon filing bankruptcy and taking written verification to the appropriate office. In my experience, the Utah Driver License Division is very familiar with the fact that the federal... Read more »
answered on Apr 22, 2017
The short answer is: There is no limit to the number of times you can file for bankruptcy protection. You can file a Chapter 7 case (straight discharge) only once every 8 years. However, you can file a Chapter 13 case at anytime, but you must be willing to make at least a small token monthly... Read more »
I do have a 24 month residential lease and on some documents i am referred to as resident and some tenant. Landlord is alleging drug use on property after bankruptcy filing. The program is utah residential self sufficiency program for survivors of domestic abuse.
answered on Apr 12, 2017
Yes. The same rules apply. It makes no difference that you are in a transitional housing program. The designation of resident or tenant in the lease agreement is inconsequential.
answered on Apr 12, 2017
If you want to file another Chapter 7 case and get a fresh start, you must wait exactly 8 years from the date you filed the prior Chapter 7 case if it resulted in a discharge. The time limit is from the date your previous Chapter 7 was filed (not the date of discharge) until the new Chapter 7 case... Read more »
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