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Utah Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law, Real Estate Law and Business Law for Utah on
Q: I had issues with Ditech when they bought my loan from another mortgage company. They failed to pay my escrow accts

Ditech bought my loan. They were given all of my escrow in early September that was due in November. I didn’t know Ditech never paid my taxes or insurance until I received a notic that my house was going to be auctioned off. I had to prove to Ditech that it was their responsibility to pay it.... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2021

Sue Ditech.

3 Answers | Asked in Bankruptcy for Utah on
Q: Need to file, I just started a new job....

This is a question for a family memwber not myself. Bankruptcy is due to a debt from a failed sole proprietor business, they no longer have a bank account into heir name due to business and those accounts being closed, due to debts they are unsure if they will be able to get an account at Bank or... Read more »

Lloyd M. Nolan
Lloyd M. Nolan answered on Jun 30, 2021

That can cause a lot of mess and confusion for your spouse in her bankruptcy.

Do you want to do this? I suggest that you do the responsible adult thing and GET YOUR OWN BANK ACCOUNT!

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2 Answers | Asked in Bankruptcy for Utah on
Q: When can chapter 7 be filed after quitclaim deed in utah?

Mortgage was refinanced over two years ago, petitioner was not on the refinanced loan, but was never taken off deed to house. A quitclaim deed was filed in February 2021. Due to it not being done when the refinance took place. Will that cause potential problems when filing a Chapter 7,... Read more »

Timothy Denison
Timothy Denison answered on Jun 29, 2021

Yes. You need to contact your bankruptcy attorney immediately!

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1 Answer | Asked in Bankruptcy and Banking for Utah on
Q: My credit union reported late loan payments when I was unemployed due to COVID-19, after being accommodated?

I was paid unemployment (California) based on $3,000 out of $38,000 in wages, against CARES Act calculation of unemployment for pandemic effected workers, and received only $87/week instead of $369, which disqualified me for extra $300/week in federal assistance.

As of Jan 31, 2020, I was... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2021

Give the reporting agency copies of your extensions and challenge the late reports on your credit report. That should be sufficient to correct it.

1 Answer | Asked in Bankruptcy for Utah on
Q: I have a question about liens. Can I include liens in a bankruptcy?

I have a question about liens. My ex-wife has a lien on my home for half of the equity of the home. My current spouse and I are on the current mortgage. I was hospitalized and accumulated a lot of debt from that hospitalization and there are two other leins on my home from a credit card judgement,... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2021

Yes. The liens can also be avoided under certain circumstances. Discuss with your bankruptcy Atty as to the best course of action.

1 Answer | Asked in Bankruptcy for Utah on
Q: filing Chp 7, in utah but my spouse it not, I am on the deed to the house but not on the mortgage. how does that work?

I am not on the mortgage but I am on the deed for the house. will that effect my spouse at all?

Timothy Denison
Timothy Denison answered on Jan 1, 2021

No, not unless you have a lot of equity or she stops paying the mortgage.

1 Answer | Asked in Bankruptcy, Estate Planning and Workers' Compensation for Utah on
Q: Can your v. Successful x husband leave you homeless after 20 years of marriage and 4 kids?
David Luther Woodward
David Luther Woodward answered on Dec 1, 2020

I don't know! You live in Utah and things are done differently there! LOL

Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and...
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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 »

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