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Questions Answered by Michael Sundwall
1 Answer | Asked in Bankruptcy and Consumer Law for Utah on
Q: I was served I responded they never filled. I was served again. What are my rights?
Michael Sundwall
Michael Sundwall 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 you... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Utah on
Q: I need help understanding Utah Sec. 78B-2-309(2). Someone is trying to use it against us saying they no longer owe us.

78B-2-309(2)

Michael Sundwall
Michael Sundwall 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 »

2 Answers | Asked in Bankruptcy for Utah on
Q: Am I allowed to file an exemption on a piece of property I own if it's not my primary residence?
Michael Sundwall
Michael Sundwall 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.

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2 Answers | Asked in Bankruptcy for Utah on
Q: If my son files for bankruptcy does his student loan debt go away?
Michael Sundwall
Michael Sundwall 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 "undue hardship"... Read more »

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1 Answer | Asked in Bankruptcy for Utah on
Q: Can a Utah judge turn down a bankruptcy petition?
Michael Sundwall
Michael Sundwall 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. Utah has 4 Bankruptcy... Read more »

2 Answers | Asked in Bankruptcy for Utah on
Q: I have 2 judgments, but filed chapter 7 after they were placed. Can they be renewed even though the debt was discharged

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?

Michael Sundwall
Michael Sundwall 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 »

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1 Answer | Asked in Bankruptcy and Small Claims for Utah on
Q: will bankruptcy stop my Driving privileges from being suspended?

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?

Michael Sundwall
Michael Sundwall 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 »

1 Answer | Asked in Bankruptcy for Utah on
Q: Is there a cap on how many times you can file bankruptcy?
Michael Sundwall
Michael Sundwall 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 »

1 Answer | Asked in Bankruptcy for Utah on
Q: Bankruptcy and transitional housing-do the same rules apply as landlord/tenant relationship?

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.

Michael Sundwall
Michael Sundwall 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.

1 Answer | Asked in Bankruptcy for Utah on
Q: yes i filed ch 7 bky Nov 2008 do i have to wait until Nov 2016 to file again ?
Michael Sundwall
Michael Sundwall 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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