2023-03-16 16:02
No!
If you are meeting with an asset protection attorney, and he is advising you to transfer various assets and properties into an llc, or into some kind of trust, then you’re proba… Read More
Blog Directory > Finance Blogs > Personal Finance Blogs > robertspaynelaw.com My Utah Bankruptcy Blog | Copy personal-finance Blog >
Robertspaynelaw.com My Utah Bankruptcy Blog | Copy Blog
robertspaynelaw.com
Tags:
bankruptcy
filing fee payment
payday loan
credit
money
transfer
affect
petition
protect
wic benefits
Utah bankruptcy blog featuring bankruptcy questions I am asked on a day to day basis.
2023-02-15 22:00
No. Canada is not governed by the U.S. Constitution. (They’re actually a separate country). A U.S. bankruptcy affects U.S. debts.
That being said, there are a few needlessly acad… Read More
2023-01-20 18:15
You lose it, unless you spend it first. If you look below, there is a fairly comprehensive list showing how you can spend those refund monies.
(No, you can’t save it. No, it&rsq&hell…Read More
2022-12-27 14:48
No.
Bankruptcy discharges your financial obligations to creditors for debts such as medical bills and credit cards. It does not negatively impact your ability to receive government assis… Read More
2022-11-09 03:33
Hopefully, it won’t affect your spouse at all. Your bankruptcy case is filed under your name and your social security number and only affects your credit. However, there are a lot of… Read More
2022-10-17 18:14
AFTER!!!
I have a current client who is getting ready to file. He has 2 financed vehicles: a 20 year old BMW and an 8 year old Toyota Tacoma. One of them is a lemon and has required tr… Read More
2022-08-30 16:16
It depends. You can either:
pay the filing fee and file a motion to vacate the dismissal, orfile a new case and pay the full filing fee up front.So when I file a case, I can file an App… Read More
2022-07-15 22:08
Pretty darn fast.
Honestly, I can prepare and file an emergency case the same day you call. But, and this is a big BUT, there are some things you need to do first.
A full bankruptcy p… Read More
2022-07-05 18:51
Oh yes he is! And even worse, the bankruptcy trustee can take any money you have in hand or on deposit on the day we file.
On the day we file bankruptcy, you don’t want to have muc… Read More
2022-04-28 16:28
Short answer: you can generally keep the car or home, so long as you keep paying on the loan
Long answer: It’s complicated.
When you file bankruptcy, it generally discharges, o… Read More
2022-04-21 02:24
Maybe.
It comes down to a lot of factors, but if you want to boil it down to a simple test, here it is: if it smells funny, then you’ve got a problem.
If the property is clearly… Read More
2022-03-11 17:00
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedWhat happens to my criminal restitution and bail bonds when I file bankruptcy? (video) was first posted on… Read More
2022-03-10 17:03
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedIs my ex-wife or ex-husband going to find out that I filed bankruptcy and/or why do I have to list my ex as… Read More
2022-03-01 17:32
Utah bankruptcy attorney Robert S. Payne discusses how you can file a skeletal bankruptcy case (a skeleton) to stop a garnishment, foreclosure, or repossession even if you haven’t fin… Read More
2022-01-26 18:53
Yes, unless you were doing something really, really bad.
When you file bankruptcy, most debts can be discharged (wiped out). Some debts have a priority status, like most taxes, student l… Read More
2022-01-25 17:03
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedWhat happens to your car or truck lease when you file bankruptcy (video)? was first posted on January 25, 20… Read More
2022-01-03 21:25
You lose it, unless you spend it first. But you won’t lose those pandemic relief tax monies (see below).
Some states will give you an exemption to protect your tax refund monies. U… Read More
2021-11-09 16:46
Maybe.
Short answer: You can discharge unemployment overpayments in both a chapter 7 and a chapter 13, but only if they don’t fight you over it for fraud. If they fight you, you&r&hell…Read More
2021-10-05 16:24
Only if you want to keep the car. If you stop paying for it, they will repossess it.
When you file a chapter 7 case, you check a box on your paperwork that says “reaffirm” or… Read More
2021-09-16 16:57
Complicated answer: The hospital lien immediately attaches to any settlement or insurance proceeds, and bankruptcy does NOT discharge that lien.
Generally, your insurance proceeds/sett… Read More
2021-09-09 17:57
It varies a lot. Here in Utah, you can count on 6 years being about standard.
The statute of limitations means the amount of time a creditor has to file a lawsuit against you for some ki… Read More
2021-09-07 16:35
Nothing.
(Last week I went to lunch with a personal injury attorney. He paid, because I do poverty law. I wanted to be well-versed in the intersection of personal injury law and bankrup… Read More
2021-07-23 17:21
July 31, 2021.
(Not just in Utah, but in almost every state unless your state has passed some kind of state extension).
Here is a link to the Utah Courts page on “Eviction Info… Read More
Will The Bankruptcy Trustee Take My Recovery Rebates Or Tax Creditor Under The American Rescue Plan?
2021-06-24 15:45
Nope, they’re safe.
On March 25, 2021, the United State Justice Department issued a “NOTICE TO CHAPTER 7 AND 13 TRUSTEES REGARDING TREATMENT OF RECOVERY REBATES AND TAX CREDI… Read More
2021-06-22 20:00
No, he’s not. Your clothing is exempt.
But you still need to list your personal assets and value them. If you don’t, it can be bad.
When you file bankruptcy, your bankr… Read More
2021-06-16 20:38
Honestly, I calculate it while muttering, “tsk, tsk, tsk” and telling my clients that maybe they do not want to file bankruptcy right now.
Basically, if you have too much equi… Read More
2021-05-14 17:24
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedThe eviction moratorium is ending and unpaid rents are due. How does bankruptcy help? (video) was first po… Read More
2021-05-14 16:42
Basically, in most cases, you can move to a new place, list the old one in your bk and wipe out those unpaid rents.
That being said, it gets complicated pretty quickly.
Most people q… Read More
2021-04-15 16:26
The deadlines for the moratoriums have changed a few times. As of today, April 15, 2021, here are the most current dates:
Foreclosure moratorium ends on June 30, 2021.
Eviction morato… Read More
2021-02-22 20:27
You lose it, unless you spend it first.
Some states will give you an exemption to protect your tax refund monies. Utah is not one of them. In fact, in most states, you have to use it or… Read More
2021-02-04 17:52
Yes, you can, but the timing is tricky.
Short answer: You can rescind (cancel) it :
1. any time before discharge or
2. within 60 days of the agreement being filed with the court… Read More
2021-02-02 19:58
Short answer: You can either file a chapter 13 bankruptcy within 10 days of the repossession or pay off the loan balance in full. Either one gets you the car back.
Since you’re pr… Read More
2021-01-28 20:06
The blog article can be found here: https://robertspaynelaw.com/myutahbankruptcyblog/2021/01/28/can-i-sell-my-home-in-a-chapter-13-bankruptcy-and-what-are-the-steps/
Copyright © R… Read More
2021-01-28 17:53
Yes, you can. And yes, it’s complicated.
(video link on same topic at bottom of article)
On the day you file bankruptcy, all of your property becomes part of the bankruptcy esta… Read More
2021-01-27 19:41
Short answer: nothing. The bk trustee cannot take it from you.
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedWhat will happen to my 2021 $600 stimulu… Read More
2021-01-21 17:29
So this morning I received two phone calls in a row, from a local number, with a recording advising me that:
“This call is from the Department of Social Security Administration. The… Read More
2021-01-07 19:15
Nothing. It’s yours to keep. Use it to pay your bankruptcy attorney.
Officially, Congress forgot to exempt (or protect) the stimulus money from the bankruptcy trustee. When funds… Read More
2020-12-09 22:57
Down, so far down! (Utah is down 32% from last year).
You would think that with so many people out of work (or underemployed), that bankruptcies would be going through the roof. However… Read More
2020-10-29 22:55
Kind of, but not really.
As for done-ness, your credit starts to rebound once you get the discharge. Your debts have been discharged, and you’ve gotten the relief you were seeking… Read More
2020-10-06 17:05
Short answer: No (and maybe…).
The long answer is bit more complicated.
Basically, if the debt was incurred (happened) before you filed the bankruptcy, then you can add it to… Read More
2020-09-15 20:46
Generally, no.
When we file bankruptcy, we list all of your creditors (people you owe money to). We even list potential creditors (like that landlord who let you out of your lease early… Read More
2020-07-31 21:25
No, it’s still your home and your equity. The only thing that reaffirmation does is keep it on your credit.
I had a client contact me today because Wells Fargo never filed the reaf… Read More
2020-07-30 17:09
Yes, you can extend the time.
And no, this is not really how my client asked the question. To quote as best I can, he called me and said,
Man, I got your email and text and total… Read More
2020-07-06 16:20
Short answer: no in-person court appearances. We’re using Skype, Zoom, and teleconferences.
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedHow i… Read More
2020-07-02 19:36
You’ll lose it.
On the day you file bankruptcy, the bankruptcy estate is created. This estate is comprised of everything you own on that day: equity in your home, furniture, 401k… Read More
2020-05-26 22:34
No, he cannot!
I filed bankruptcy for a client who had just been approved for unemployment, and she had received a check for about $3,200. Unfortunately, she received and deposited this… Read More
2020-04-30 23:05
Maybe.
Technically, on the day we file bankruptcy, it stops any kind of collections, including garnishment, repossession, foreclosure, and even the remote “shutting off” of yo… Read More
2020-04-02 17:32
If you stay current, nothing. It shouldn’t affect their credit.
If you surrender the car, it hurts their credit, and they could get sued for the difference after the car is repos… Read More
2020-04-01 15:33
Yes, it will stop repossession and let you put the car loan on a 60 month repayment plan.
Yes, if you file a chapter 13 within 10 days of repossession, you can get the car back.
Copy… Read More
2020-03-31 19:13
In a chapter 13, you may be able to keep it.
In a chapter 7 (at least here in Utah), you will lose it unless you receive and spend it before we file bankruptcy.
Copyright © Robe… Read More
2020-03-20 17:08
Plan on losing it, but nothing is guaranteed right now.
In 2001, President Bush sent out economic stimulus checks of about $300 a person to try to jump start the economy after the .com bu… Read More
2020-03-19 17:06
This is a changing landscape, so this information may be out-of-date by the time you read it.
President Trump directed HUD (Department of Housing and Urban Development) to suspend foreclo… Read More
2020-03-16 16:30
Nope, you’re thinking of New York.
In New York, there is a one week moratorium on evictions, and many landlords have pledged that they will not pursue evictions for the next 90 days… Read More
2020-03-13 15:55
Some are, and more will be.
As of today (March 13, 2020), bankruptcy court hearings will be done by telephone, but 341 Meetings are still done in person (this will change). (5 hours afte… Read More
2020-03-05 00:18
Yes, you can claim the homestead on your mobile home (manufactured home) even if you just rent the lot below it.
The 10th Circuit Bankruptcy Appellate Panel (BAP) actually ruled on this s… Read More
2020-03-03 17:25
Spend it before you go bankrupt!
Utah has NO exemptions to protect your tax refund when you file bankruptcy. This means that if you go bankrupt before you receive and spend your tax refu… Read More
2020-02-27 17:33
It’s complicated.
Basically, you take your home value, subtract your mortgage and your homestead exemption, and if there’s any money left over, judicial liens stay attached to… Read More
2020-02-20 17:38
Sure, but only if you want to lose the home!
In most cases, bankruptcy wipes out your personal liability for debts, including secured debt like mortgages and car loans. However, those se… Read More
2020-02-17 17:54
Basically, if you are over, then you are a chapter 13. If you are under, then you are a chapter 7. (The current figures are at the bottom of this page).
W2 wage earner —&ndas&hell…Read More
2020-02-11 18:06
Short answer: $42,000 if you are on title for the home and actually live in the home.
Long answer: watch the video.
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All… Read More
2020-02-05 17:49
No, you can file a motion to appear telephonically or even using Skype. But you’ll need a good reason and you’ll need a notary to be present with you when you call in.
Cop… Read More
2020-01-31 17:14
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedWhat questions will the trustee ask me at my 341 meeting of creditors in a Chapter 7 bankruptcy? (video) was… Read More
2020-01-30 18:17
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedWhat do I need to bring to my 341 Meeting of Creditors in a Chapter 7 bankruptcy? (video) was first posted… Read More
2020-01-22 20:08
Nope.
You can discharge them in a chapter 13 (usually), but it may not be worth the extra attorney’s fees and 3 years of waiting for that to happen.
In a chapter 7, it will not d… Read More
2020-01-20 16:54
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedIs there any way I can hide my tax refund from the bankruptcy trustee, like gift cards or cash? (video) was… Read More
2019-11-25 17:15
Yes, yes he can.
That being said, I’m an attorney, and every answer has a bunch of caveats (disclaimers).
Children under 18 —
Car. If your child is under the age… Read More
2019-10-21 19:33
You’ve got a few options. Just remember that if you are late, your case gets dismissed!
When you file bankruptcy, you are required to pay a filing fee to the court (generally $310… Read More
2019-10-04 02:57
Much, much better than they were.
Now, I can protect any three guns of any value.
Three .22s you use to take the scouts out shooting, 3 shotguns because you really like having a sore… Read More
2019-09-19 19:04
Absolutely nothing. You’re safe.
Today I received a phone call from a client who had a successful Chapter 7 case 3 years ago (successful because she received her discharge). Credi… Read More
2019-08-27 15:09
Basically, if you are over, then you are a chapter 13. If you are under, then you are a chapter 7.
So I just refunded a retainer payment to some clients who didn’t underst… Read More
2019-07-30 20:48
No, you didn’t.
Well, technically, you did discharge your personal liability for that second mortgage, but it was and it is still attached to your home.
When you file a chapter… Read More
2019-07-12 19:51
No they will not (as of July 1, 2019). That being said, most medical creditors and hospitals, including IHC, will still sue you for deceased spouse’s medical bills here in Utah.
A… Read More
2019-07-09 16:43
Please Note: I do not think that this mustache is a good look. I simply do it to aggravate my long-suffering wife.
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights… Read More
2019-06-26 19:52
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedWill my ex-wife or ex-husband find out that I filed bankruptcy? (video) was first posted on June 26, 2019 at… Read More
2019-06-25 20:45
Because it’s the law.
That being said, you only need to list them if they are a co-debtor on something you’re listing in the bk or if you owe them a domestic support obligatio… Read More
2019-05-23 16:58
Since I’ve been practicing bankruptcy law, the Utah homestead exemption was $30,000. This means that $30,000 of equity in your home was safe from creditors. Now it’s $42,000… Read More
2019-05-20 22:10
You can, but it’s probably a bad idea.
If you take out a loan before going bankrupt, there is a chance that the creditors will sue you to make that debt non-dischargeable. This mea… Read More
2019-04-23 20:11
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedIs Robert S. Payne, Utah Bankruptcy Attorney closed? It’s not showing up on google searches. (video)… Read More
2019-04-23 19:09
No, I’m not closed.
I am still here and I’m working on it with google. In the meantime, call or text 801-980-1313 and you will find me.
Last night I ran a quick search… Read More
2019-03-22 17:37
Short answer: report the scammer’s phone number to the FTC at 888-382-1222.
Long answer: it’s obnoxious and not very effective.
This morning I received a text message… Read More
2019-03-20 15:56
Nope.
Bankruptcy will discharge the debt that you owe, but that eviction will stay on your credit report for 7 years.
When you file bankruptcy (either a 7 or a 13), you seek a disc… Read More
2019-03-12 17:41
Nothing at all. It is protected.
Under Utah law, your public assistance is “not assignable at law or in equity.” Utah Code 35A-3-112. This means that a creditor cannot… Read More
2019-03-08 22:51
Maybe.
In a chapter 13, no. When you file a chapter 13 case, you can put your auto loan into your chapter 13 plan and start making payments through the chapter 13 trustee&n&hell…Read More
2019-02-21 22:09
The creditor filed that to protect himself.
When you file bankruptcy, the court imposes something called the “automatic stay,” automatically, which stays (stops) any creditor act… Read More
2019-02-11 18:31
No, that’s fraud!
This time of year I have a large number of potential clients who are waiting on their tax refunds. If they file bankruptcy before they receive and spend t… Read More
2019-01-16 17:17
What happens:
You probably lose it.
On the day we file bankruptcy, we try to keep your combined bank accounts below a total balance of about $300, because there is a good chance… Read More
2019-01-09 16:35
No, it will not. Thank goodness!
In my bankruptcy practice, November – February are really rough because any time I meet a client with good tax refund coming, I tell him to wait… Read More
2018-12-10 16:47
You lose it unless you receive it and spend it first.
That means that if you are receiving a large refund, you’ll probably want to hold off on filing bankruptcy until February or March… Read More
2018-11-26 16:25
Basically, if you are over, then you are a chapter 13. If you are under, then you are a chapter 7.
The United States Trustee (UST) just updated the income figures on November 1, 2018… Read More
2018-11-02 17:14
Copyright © Robert S. Payne, Utah Bankruptcy Attorney. All Rights ReservedWhat happens if I receive an inheritance during my open Chapter 7 bankruptcy? (video) was first posted on No… Read More
2018-10-29 16:32
No.
A chapter 7 will not discharge your parking tickets.
A chapter 13 will discharge your parking tickets, but only if you pay them off in full over your 3-5 year plan.
Parking t… Read More
2018-10-24 19:04
No, but it’s a mess to clear it up.
Bankruptcy may discharge your debts, but it doesn’t necessarily clean up your credit. That’s something you’ll have to watch… Read More
2018-10-16 17:36
No, but sometimes they do.
When you file a chapter 7 bankruptcy, you file a statement of intention with the court letting your creditors know if you’ll be keeping your secured loans (l… Read More
2018-10-08 16:22
You’ll hate this answer: it depends.
If you let a creditor get a default judgment against you, it is not the end of the world. Bankruptcy will generally wipe out your liabi… Read More
2018-10-01 18:56
Back in 2014, I posted the following article here (quoted below), and everything seems even murkier now:
Yes. The fourth option below (chapter 13) is probably the best bet.
First: &n&hell…Read More
2018-09-28 22:18
Generally, you do NOT want your bk dismissed, but it happens. Sometimes clients forget to pay their filing fees to the court, or they miss a hearing, or a myriad of other problems can… Read More
2018-08-21 17:05
It releases your garnishment!
When a creditor sues you, they eventually get a judgment in court. With this judgment, they can send a letter to your employer so that they ca… Read More
2018-07-30 18:01
Forever. (Probably 3-4 months)
So my client had a truck that we knew had too much equity when we filed the case. (Under Utah law, I can protect $3,000 of equity in one vehicle if… Read More
2018-06-22 20:21
Yes, but it’s a really bad idea.
Short Answer: Your case could be dismissed for bad faith. Or, that creditor may sue you for nondischargeability (meaning that you still hav… Read More
2018-06-07 16:03
No.
In bankruptcy, if you want to keep your financed vehicle, then you need to keep paying for it. Bankruptcy will not wipe out (discharge) the loan amount and allow you to keep the ve… Read More
Subscribe to Robertspaynelaw.com My Utah Bankruptcy Blog | Copy
Get updates delivered right to your inbox!