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Utah Bankruptcy Questions & Answers

2 Answers | Asked in Bankruptcy for Utah on

Q: A discharged Ch 7 bankruptcy from 5 years ago. I just received a medical bill from before bankruptcy. Do I have to pay?

I did not know about a medical bill until today. My chapter 7 bankruptcy was discharged about 5 years ago. I listed all known bills when I filed. Do I have to pay the bill?

Timothy Denison answered on Aug 29, 2019

If it was not listed in the bankruptcy, you will either have to pay it or reopen your bankruptcy and add it as a debt that should have been discharged.

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1 Answer | Asked in Bankruptcy for Utah on

Q: My grandpa is on Soc. Security ($1000/mth) and has $40k in cred. card debt. Can't afford his payments. What should he do

Has no savings and most of his SS is going to rent, insurance, food, and medicine. He's 70 years old. We are worried he's going to get sued and he won't be able to pay.

Timothy Denison answered on May 29, 2019

Consult a local bankruptcy attorney to see if he qualifies for Chapter7. That could solve all of his problems.

3 Answers | Asked in Bankruptcy and Banking for Utah on

Q: If I stop paying my Credit Cards because I know I'll be filing Chapter 7 in a few months. What do I do with extra cash?

For my unsecured debt, the minimum payments are $1200 a month. If I stop paying them because I plan to file what am i expected to do with the excess money. I, of course, will need some to live on and but will probably have $500 leftover. I image if I put that in my mattress it will need to be... Read more »

Cristina M. Lipan answered on Apr 2, 2019

You can exempt certain assets. If you have enough exemptions to cover that extra cash it's not a problem what you do with it, it's yours. To be safe, just don't take too long to file your bankruptcy case so you don't accumulate so much.

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1 Answer | Asked in Bankruptcy for Utah on

Q: Does an automatic stay start the day I file?

Timothy Denison answered on Dec 14, 2018

Yes. Upon filing.

1 Answer | Asked in Bankruptcy for Utah on

Q: I lease my car. If I file for bankruptcy, will it be taken away? I need it to interview for jobs.

Timothy Denison answered on Oct 12, 2018

Not if you keep paying the lease payments.

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 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.


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 »

1 Answer | Asked in Bankruptcy for Utah on

Q: If I accidentally overlooked listing a creditor on my bankruptcy filing, can I add them in once the mistake comes to


Timothy Denison answered on Jul 5, 2018

Yes. There is a $36 filing fee to amend but you should do so immediately.

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?

Timothy Denison answered on May 1, 2018

Not unless you have certain state exemptions in Utah that allow you to do so.

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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?

Stuart Nachbar answered on Mar 2, 2018

Most of the time, student loan debt is not dischargable

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1 Answer | Asked in Bankruptcy for Utah on

Q: Can a Utah judge turn down a bankruptcy petition?

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 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 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 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 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 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 »

1 Answer | Asked in Bankruptcy for Utah on

Q: We filed chapter 7 in 2008, but kept the house. Is there any way we can get out of it now? We are upside down on it.

Robert Jason De Groot answered on Aug 11, 2015

Did you reaffirm the mortgage? An attorney cannot anwser your question without necessary information like this. Go see one.

1 Answer | Asked in Bankruptcy for Utah on

Q: I was looking thru my chapter 7 discharge papers. my second mortgage shows as discharged.

I didn't think that was included in the bankruptcy. But my paperwork shows a discharge in the right amount and to the right bank. I have been making payments to them still. How can I check this?

Robert Gambrell answered on Jul 26, 2015

If you did not reaffirm the debt, then the underlying debt for the 2nd mortgage was discharged. However, the mortgage lien still remains. As long as you continue to pay your mortgage, the lender cannot foreclose in most states, and apparently Utah is one of them.

1 Answer | Asked in Bankruptcy for Utah on

Q: Is this dragnet clause enforceable under Utah law - Chapter 7 BK

I have a car loan and a line of credit with a local credit union. They were both obtained the same day, line of credit first, but the car loan paperwork doesn't clearly identify the line of credit as being cross collateralized. Of course, the loan officer never made me aware of the cross... Read more »

Kevin W. Chern Esq. answered on Jun 25, 2015

You may already have created an obstacle for yourself by acknowledging that the line of credit was secured debt in your filing. You would do well to consult a local bankruptcy attorney before taking any further action, since this type of mistake--common to people who attempt to file bankruptcy... Read more »

1 Answer | Asked in Bankruptcy for Utah on

Q: is their a waiting period after filing chapter 7 and I can receive an inheritance or file in small claims court

Robert Keyes answered on Nov 20, 2014

Any inheritance you are entitled to in the 180 days after the case was filed (not discharged or closed) must be reported to the trustee who handled the case. You don't have to have actually received anything. You just have to have the right to receive it so you cannot just put off getting the... Read more »

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