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I'm Being Evicted, will Utah Bankruptcy Protect Me?

9/8/2015

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Repair your credit with Utah Bankruptcy
If you file bankruptcy before the eviction goes through, or in other words the court has not yet ordered that you vacate the premises, then a bankruptcy can and will buy you more time, or possibly even allow you to stay, depending on which chapter you file.

Chapter 7 Utah Bankruptcy

If you are served with an eviction notice and you file a Chapter 7 Utah Bankruptcy then the automatic stay will prohibit your landlord from evicting you, at least temporarily. At that point your landlord has a couple options, he can either work with you and allow you to stay, wait until your bankruptcy case is closed and then resume eviction proceedings (unless you've gotten current on your rent in the meantime), or he can file a Motion to lift the Stay with the court. 

Most courts will lift the stay unless you can show a good reason for why the stay should not be lifted. So if your landlord does go with option number three, then the chapter 7 Utah bankruptcy doesn't do much as to avoiding eviction, other than buy you a little bit of time. 

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Violations of the Automatic Stay in Utah Bankruptcy

8/26/2015

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Stop Violation Stay in Utah BankruptcyStop! Automatic Stay in Place
When filing bankruptcy in Utah there is an automatic stay that goes into effect immediately upon filing. This stay prohibits creditors from attempting to collect debt, including garnishments, foreclosures, repossessions, or even phone calls & letters. Even though the automatic stay is immediate, creditors don't always get notice of the bankruptcy right away, the court mails notice out but it can take a week or more before creditors receive the notice from the court. 

Lack of Notice is not an Excuse in Utah Bankruptcy

However, in Utah lack of notice is not an excuse, it is expected that creditors will do their due diligence before making collection efforts, and find out for themselves if a debtor has filed bankruptcy. Bankruptcies are public records, so it is very easy for a creditor to determine if a debtor has filed bankruptcy. Most of the time big lenders, like credit card companies, do this, but often times smaller creditors do not. But whether it is a small company or a big one, a violation of the automatic stay is illegal and there are penalties in place for when creditors violate the stay.

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Should I file a Chapter 7 or Chapter 13 Bankruptcy?

8/20/2015

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Erase Debt in Utah BankruptcyErase Debt
When filing bankruptcy the first thing you have to determine is whether you want to file a chapter 7 bankruptcy or a chapter 13 bankruptcy. There are several factors that go into this decision. Such as, do you have equity in your home? Are you behind on your house payment? Do you have a lot of assets? How much money do you make?


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    Author

    Jared B. Pearson is an experienced attorney that has been litigating in Utah for over 9 years. Jared specializes in family law, bankruptcy, and criminal defense.

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