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    Andrew B Clawson Andrew B Clawson
    Attorney at Law

Chapter 7 Bankruptcy Utah

Phone: 801-207-8288
Text: 801-382-7901

Chapter 7 Bankruptcy in West Jordan, UT

Chapter 7 Bankruptcy -Serving Salt Lake City, West Jordan and nearby areas!

Call for a Free Bankruptcy Consultation

Phone: 801-207-8288
Text: 801-382-7901

I look forward with you about your financial situation and helping you get the relief that you and your family need and deserve.

Bankruptcy Chapter 7 Utah Information

What You Need to Know About Chapter 7 Bankruptcy in Utah

Chapter 7 bankruptcy relieves your debts, giving you a fresh start on which to rebuild your life, debt-free. While you will be required to forfeit all of your non-exempt assets, you will also be cleared of most or all of your debt. What’s even better is that in Utah, individuals who file for chapter 7 bankruptcy are allowed to keep their homes, cars, and other assets, as Utah’s generous exemption laws protect your property from seizure.

Debts Not Dischargeable by Chapter 7 Bankruptcy

Certain debts are not eliminated by chapter 7 bankruptcy. These include student loans, child support, alimony, unpaid taxes, debts incurred due to fraud, and joint debts that were assumed in a property settlement or divorce decree.

Stop Debt Collector Harassment and Wage Garnishment with Chapter 7 Bankruptcy in Utah

With chapter 7 bankruptcy, you are granted something called an “automatic stay.” This legally prevents creditors and collection agencies from coming after you to collect debts and also prevents them from issuing new liens against you. As a result of an automatic stay, the following will happen, effective immediately:

  • Debt collectors have to stop contacting you
  • Wage and bank garnishments stop
  • Home foreclosure proceedings are delayed

While chapter 7 bankruptcy will not let you make up missed mortgage payments, the automatic stay will temporarily delay any foreclosure proceedings.

Utah’s Homestead Exemption — Keep Your Home with Chapter 7 Bankruptcy in Utah

Utah’s exemption laws help protect your property with chapter 7 bankruptcy — including your home. These laws protect an individual’s home equity up to $30,000 and a couple’s home equity up to $60,000. In most cases, this will allow you as a Utahn to keep your home in a Chapter 7 bankruptcy as long as you stay current on your mortgage payments.

Utah’s homestead exemption does not eliminate mortgage defaults or arrears — you can do this with a chapter 13 bankruptcy, however.

Secured Car or Home Loans and Chapter 7 Bankruptcy in Utah

Existing liens on your property — including secured car loans and home loans — are not discharged by filing for chapter 7. Here are your options for dealing with this type of loan with chapter 7 bankruptcy:

  1. Surrender the car or home. This might be the best option to choose if you cannot afford to make your payments or the car or home is worth much less than what you owe on it. If you surrender the property, the debt will be discharged through the chapter 7 bankruptcy.
  2. Pay the secured lender the value of the property. This will allow you to redeem the property, even if you owe more than the property’s current worth. The debt will then be discharged through the chapter 7 bankruptcy. Of course, this option is only feasible if you have the funds to pay the lender.
  3. Enter a reaffirmation agreement. In this agreement, you will keep your property by assuming the debt, despite the bankruptcy. You will remain liable for any affirmed debts after the chapter 7 bankruptcy. While not to be entered into lightly, this type of agreement is beneficial if you are current on your payments and able to make future payments on this debt.

Qualifying for Utah Chapter 7 Bankruptcy

Most people qualify for chapter 7 bankruptcy. However, if your income is above a certain level, you will be required to file for chapter 13 bankruptcy instead. In addition to your personal income, other factors such as your household income for the past six months, the size of your family, and whether you can pass a “means test,” are also taken into account when determining if you can file for chapter 7 bankruptcy in Utah.

Chapter 7 Bankruptcy Attorney in West Jordan

Andrew B. Clawson is a highly experienced bankruptcy attorney in West Jordan, Utah. Lawson can help you with the following:

  • Advising you on whether chapter 7 bankruptcy is the best choice for you
  • Determining the extent to which Utah’s exemption laws will protect your property
  • Answering any questions you have about chapter 7 bankruptcy and other types of bankruptcy in Utah
  • Helping you file for chapter 7 bankruptcy

To schedule your free bankruptcy consultation with Bankruptcy Attorney in Salt Lake City Andrew B. Clawson, call 801-207-8288 (local) or 800-718-0340 (toll free) or click the link below.

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