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Utah Bankruptcy Questions & Answers
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... View 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... View 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.... View 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
PREMIUM
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.... View 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... View 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... View 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... View 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... View 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
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.

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