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Utah Bankruptcy Questions & Answers
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... Read 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.

1 Answer | Asked in Bankruptcy for Utah on
Q: If I have a lawsuit for pain and suffering bodily injury, will it be exempt from a chapter 7

If so am I able to touch it while doing bankrupty ( for car, house downpayment and to PAY for bankrupt)

I was in a slip and fall incident. I am getting a Pain and Suffering lawsuit settlement of 21000. Will this be exempt from being touched in a chapter 7 bankrupty in utah

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Consult a local attorney regarding the possible state or federal exemptions for your lawsuit.

1 Answer | Asked in Bankruptcy for Utah on
Q: Can a court ordered debt(day care) be discharged on a bankruptcy?

If it was discharged how do I make sure that debt is paid back to me?

Timothy Denison
Timothy Denison answered on Sep 25, 2019

Not if it is in the nature of support and maintenance. If I’d is discharged go back into your divorce case and make a motion to hold him in contempt.

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
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
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
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
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
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
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... 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 »

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

light?

Timothy Denison
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
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
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
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.... 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 »

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