How To File A Chapter 13 Bankruptcy Utah

By Carolyn Hughes


There are many types of debt that a person can accumulate in their everyday life. The most common, however, are; mortgages, credit card debt and personal loans. Without debt, life can be difficult. However, life can be much more miserable if you have unmanageable levels of debt. This may force you to file a chapter 13 bankruptcy Utah.

Bankruptcy is provided for under the law. It is meant to help consumers and corporate debtors who are not able to settle their debts. It is also meant to help creditors to recover their debts from defaulters. There is voluntary as well as involuntary bankruptcy. When you need the protection of the court, you can file for bankruptcy voluntarily.

Businesses and organizations that have unmanageable levels of debt can only use chapters 11 and 7 to get rid of their debt. Chapters 13 and 7, on the other hand, are perfectly suited for individual debtors. Since these two options have pros and cons that you may want to know of, it is important you do your research before making a decision.

Getting legal advice when you are about to use the law to get debt forgiveness is highly recommended. This is because you may not even know how the process works. Therefore, you have to find a competent attorney to advise you. The ideal lawyer must have years of experience representing clients in similar situations. This will help to ensure that you get the best advice possible.

Chapter 13 basically makes it possible for the debtor to restructure their debts. After adding up the total qualifying debt, the debtor is only required to come up with a plan to settle the debt with simple monthly installments for a certain number of years. The installments are based on the ability of the consumer to afford the payments. This means that a person can pay just $200 monthly to pay off a debt of $200,000 over a period of around 5 years. The unpaid amount is usually written off.

Before you can be declared bankrupt and enjoy all the legal protections and benefits that come with this legal provision, you will need to draft a plan on how you plan to settle the debt. You will only be discharged of your debt obligations if you honor the terms of that agreement. If not, your assets will be liquidated under chapter 7 bankruptcy. The trustee will sell all non-exempt assets to get funds to offset your debts.

When you become bankrupt, there are some things that you will not be able to do. For instance, you will not be able to access cheap credit facilities. You will also have a hard time renting a car or house. In fact, you may not be able to get a better job as most people do not want to associate with bankrupt individuals.

If you are not able to service your student loans or make the monthly child support payments. You can be sued and jailed. Even if you become bankrupt, you will still be expected to make these payments. When filing for bankruptcy, therefore, you should know that not all your debts will be resolved. You will still have to pay child support, student loans and some other debts.




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