What Is a Section 341 Meeting of Creditors?
Many of our clients are initially somewhat concerned about the meeting of creditors. The meeting of creditors need not cause substantial concern. Frequently after the meeting our clients will comment that “it wasn’t as bad as I thought”.
Preventing Foreclsoure
Will Filing Bankruptcy Stop Foreclosure Your lender has started foreclosure. What should you do? What are your options? Will bankruptcy stop foreclosure? How can I bring my mortgage current? These are common questions facing those who find themselves in foreclosure. This article answers these questions and outlines some options.
Increases to Utah Bankruptcy Exemptions
Keep More Property in Bankruptcy The Utah legislature amended the Utah bankruptcy exemptions in 2013. Bankruptcy exemptions are the laws that protect property from liquidation in bankruptcy. Since Utah has opted out of the federal bankruptcy exemptions, the Utah amendments means that bankruptcy filers can now keep more property when filing in Utah. The new […]
Can I File Bankruptcy Without My Spouse?
Frequently clients need to file for bankruptcy, but want to do so without his or her spouse being affected. That raises the questions: Can a married person file bankruptcy alone? How is the non-filing spouse impacted when their spouse files bankruptcy alone?
Does Filing for Bankruptcy Mean You’re Dishonest or Unethical?
One of the most common concerns or misconceptions that clients express in one form or another is an insecurity that if they file bankruptcy that makes them somehow unethical or dishonest. While there may be a small minority of people who intentionally abuse the bankruptcy system, it is my overwhelming experience that people filing bankruptcy […]
What is Chapter 13 “Cram-down”?
Chapter 13 bankruptcy in Utah County is a consolidation of debt and a partial repayment over a period of three to five years, based on the debtor’s ability to pay. Sections 1322 and 506 of the bankruptcy code permits bankruptcy courts to reduce the balance or “cram-down” unsecured debt. This essentially converts property that is […]
What Are The Different Chapters of Bankruptcy?
Most people are unaware that there are four chapters of bankruptcy that a person can file. What are the different chapters of bankruptcy? We will provide an overview of the different chapters of bankruptcy. There are four primary chapters in bankruptcy–chapter 7, chapter 11, chapter 12, and chapter 13. Each chapter is designed to satisfy […]
Should I Sign A Reaffirmation Agreement?
A reaffirmation agreement is an agreement by which the debtor agrees to remain personally liable for a debt post-bankruptcy. A reaffirmation agreement essentially eliminates the benefit of filing for bankruptcy in Salt Lake or one specific debt. Because reaffirming a debt undermines the most basic benefit of filing for bankruptcy in Salt Lake, you should […]
Will I Lose All My Property If I File Bankruptcy?
Naturally, one of the most frequently posed questions by our prospective Salt Lake bankruptcy clients is: Will I lose all of my property if I file for bankruptcy? The simple answer is a resounding NO!
What Should I expect in My Chapter 7 Bankruptcy?
So you’ve decided that you need to file a Utah chapter 7 bankruptcy and you’re wondering: What Should I Expect in my Chapter 7 Bankruptcy? Here’s an overview to answer that question. When Will I Go To Court? You won’t, unless something really unusual happens in your case. Most Utah chapter 7 bankruptcies never have […]
Divorce and Bankruptcy: Surprising Results
Separation Agreements that are incorporated into a divorce decree (and decrees of divorce themselves) pose difficult and sometimes unexpected results in bankruptcy. Many of the general rules of bankruptcy can be dramatically altered with a separation agreement or divorce decree. This article discusses a few of the problems that divorces and divorce decrees pose in […]
Stop the Student Loan Debt Bomb with A Bankruptcy Amendment
All Americans have felt the worst economic downturn in American history, since the Great Depression. The affects and repercussions are still being diagnosed, assessed and measured. The damage induced by the Wall Street housing bubble is far more widespread than a weak housing market, negative equity, or high unemployment rates.
Can I Discharge Federal or State Taxes in Bankruptcy?
“I heard that I can discharge my tax debt, is that true?” The preceding question is one that is frequently posed in our Utah bankruptcy practice. Federal and State income taxes may be eligible for discharge under Chapter 7 or Chapter 13 of the bankruptcy code under certain circumstances. Chapter 7 bankruptcy provides for a […]
Dealing with Mortgage or Home Foreclosure
Are You Dealing With a Mortgage or Home Foreclosure? I have just received noticed that my lender is beginning foreclosure of my home. What should I do? What are my options? In the current economic downturn and foreclosure crises, the preceding scenario is all too common. Realize that if you find yourself in this situation […]
Understanding Your Rights: Tenants Following the Landlord’s Foreclosure
In the wake of the U.S. foreclosure crisis, and as part of the Helping Families Save Their Homes Act of 2009, congress enacted the Protecting Tenants at Foreclosure Act (“PTFA”). This relatively unknown piece of legislation has significant importance to tenants of property that is foreclosed. Legislative history of the PTFA reveals that “for too […]
Loan Modification or Chapter 13 Cram-down?
In 2009 Congress enacted the Helping Families Save Their Homes Act of 2009, which among other things requires federally insured lenders to engage in loss mitigation actions for the purpose of providing an alternative to foreclosure, including forbearance, loan modification, and deeds in lieu of foreclosure. Perhaps the most popular among these initiatives is loan […]
Most Estate Plans Don’t Work!
It may come to a surprise to most people to hear an estate planning attorney admit that most estate plans don’t work. In our experience, however, that is indeed the sad reality. They “don’t work” because they fail to meet the expectations of planner. That’s to say if the decedent could see what happened to […]
Court Denies Wells Fargo’s Attempt to Invalidate Lease
National lender Wells Fargo, N.A.’s (Wells Fargo) attempt to invalidate a residential lease following the foreclosure of a mortgage covering a Highland property was denied by the Fourth District Court in American Fork, Utah pursuant to the Protecting Tenants in Foreclosure Act of 2009. In 2008, the landlord of the subject property defaulted on his […]
Stop The Decline of Home-Ownership: A Bankruptcy Amendment Needed
Since 2008 the U.S. real estate market has dogged our economic stability. The so-called Great Recession was largely caused by failed exotic mortgages fueled by mortgage-backed securities that created a false value of real estate. Years later, Americans continue to struggle with the resultant negative equity in their homes. Due to foreclosures of many of […]
Adopt the Principal Paydown Plan
Since 2008 the U.S. real estate market has dogged our economic stability. The recession was largely caused by exotic mortgages enabled by mortgage-backed securities creating a false value of real estate. Three years later, Americans continue to struggle with the resultant negative equity in their homes. It is generally understood by experts and laymen that […]
