lundi 30 octobre 2017

What To Know About Chapter 13 Bankruptcy Utah

By Sarah Phillips


Most people cannot live or progress in life without debt. However, some people often push their borrowing to the limits. For instance, there are people who own houses they can barely afford due to the high monthly payments, and they still have credit card debt, personal loans, car loans, student loans and utility bills among other things. These individuals can easily find themselves unable to service their debts. This will force them to file a chapter 13 bankruptcy Utah.

This option is available to any individual consumer who has a regular income and a lot of unsecured bad debts. Corporates and individuals with unreliable income sources cannot use this option to get rid of their bad debts. To qualify, a trustee must first analyze the finances of the applicant to ensure they meet all the minimum requirements.

A trustee must be appointed by the court to oversee the process on its behalf. This can be a legal or financial expert with in-depth knowledge of the procedures to be followed and laws that govern bankruptcy. The trustee will put the finances of the debtor under the microscope to ensure there are no shady dealings and that the debtor has sufficient income to service their debts.

The only reason why someone would voluntarily ask the court to declare them bankrupt is to get protection from creditors. Once declared bankrupt, the court will stop creditors from pursuing the debtor or communicating with them in any way. Any penalties and fees will also be frozen. This means that the debtor can get peace of mind once they get these legal protections.

It is important you look for legal representation when seeking to become bankrupt. This is because the legal jargon and lack of knowledge of procedures can be overwhelming. Therefore, you need to have competent counsel by your side.

The number of cases handled by a Utah lawyer is the best measure of their experience. Therefore, you should not just look at the number of years they have been offering services to the public. The most experienced lawyer is able to advise you properly on the issue at hand.

In this chapter, debtors are required to make their own repayment plan that is based on their average monthly income. If the figure is acceptable to the trustee and court, it will be approved. The debtor will then be required to make the agreed monthly payments towards settling their debts. All these moneys must be sent to the trustee for distribution to creditors.

When you become bankrupt, you should know that you will not be able to access low interest credit facilities and financing. You may also not be able to rent a car or house. If you are seeking a job in the financial sector or in a managerial position, all your applications may be rejected. You should know these consequences before you apply to become bankrupt.

When you become bankrupt, you can rest assured that most of your debts will be forgiven. However, some debts will not be written off. This includes student loans and child support payments as well as spousal support payments.




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