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 »
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.
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 »
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 »
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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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