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Utah Bankruptcy Questions & Answers
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... 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
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
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.
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
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 »

1 Answer | Asked in Bankruptcy for Utah on
Q: My daughter bankrupted her student loan.I was a co-signer.I now have to pay.what can I do? She should pay it.
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: The Discharging of Student Loans is extremely rare. As with any debt that involves a co-debtor, the co-debtor owes just like the original debtor. There is no special class because you are a co-signer, you can be sued just the same, and even before the other party. Generally, the Creditors go... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: How can someone else have a promisesary note against someones home that has nothing to do with the loan between them???
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: There are lots of reasons, the simplest is that it was given to him for some reason that you have not been advised, or that it was gifted/purchased from someone else.

1 Answer | Asked in Bankruptcy for Utah on
Q: If an original debt is beyond the statute of limitations, how do I get the third party collectors to remove it?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: The counting of time for the Statute of Limitations (SOL) goes from the last payment, not when the debt was incurred. If the SOL has expired (tolled) from your last payment, you should tell the collector to take a walk. SOL is not an absolute bar to suit. If they sue you, you should raise SOL... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: I sent my discharge paperwork to the court about a year ago, but have not received a discharge yet. What can I do?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Contact the Clerk and find out what is the delay.

1 Answer | Asked in Bankruptcy for Utah on
Q: Does anyone know information about the Homeline Furniture Inds., Have they filed for bankruptcy yet?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

1 Answer | Asked in Bankruptcy for Utah on
Q: I have approximately $15000 in Credit Card debt and $7000 in medical debt is bank ruptsy the right answer for me?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: How does bankruptcy work with back taxes and tax liens.
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: Income Taxes are not dischargeable. Property taxes can be discharged, but the taxes still attach to the property and the Collector can proceed In Rem (against the taxed item).

1 Answer | Asked in Bankruptcy for Utah on
Q: Can I file bankruptcy with out a lawyer. If so how?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Utah on
Q: If a company files a chapter 13 can a class action suit still be brought upon them?
Zaven Andranik Sargsian
Zaven Andranik Sargsian answered on Jan 20, 2014

Whether an action can be brought against a company that has filed for bankruptcy will depend on how you answer a number of questions. One is whether the plaintiff wants the action to be brought in district court or as an adversary proceeding (roughly a "litigation on the side") in the... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: I have a credit card debt more than five years ago and the creditor is still coming what do i do
Zaven Andranik Sargsian
Zaven Andranik Sargsian answered on Dec 23, 2013

If the credit card debt is five, or more, years old then I take it that it's safe to assume that the creditor has already obtained a judgment against you. If that is the case, then your options (without knowing more about your situation) would be to (1) negotiate some settlement with the... Read more »

1 Answer | Asked in Bankruptcy for Utah on
Q: Will a bankruptcy stop a Writ of Execution against persoanl; property?
Andrew Bresalier
Andrew Bresalier answered on Nov 28, 2011

It should, however, it the personal property is collateral, the Creditor may only temporarily be stopped, and may file a Motion for Relief from Stay, which will allow him to proceed.

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