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Utah Bankruptcy
Bankruptcy is a legal process through which you are declared unable to pay your debts when they fall due. You may file for bankruptcy (voluntary bankruptcy), or alternatively, creditors can apply to have you declared bankrupt. If you are declared bankrupt by either of the above means, you will be removed from managing your own finances, and a trustee will be appointed to manage your money and assets.
What does a trustee do in bankruptcy?
Once a trustee has been appointed, they will take the following steps to repay your outstanding debts:
Repay your secured debts
Secured debts are debts backed or secured by property or other assets, such as:
• a mortgage (secured by your home)
• a car loan (secured by your vehicle).
The specific assets that secure your debts will be sold. The proceeds of sale will then be used to repay the respective debts. If there is money left over after your secured debts have been repaid, the trustee will use this money to pay your unsecured debts.
Repay your unsecured debts
Unsecured debts are debts not secured by an underlying asset, such as:
• credit card debt
• medical bills
• utility bills.
If you have unsecured debts which have not been paid, the trustee will sell other assets that you own to repay these debts. In addition, the proceeds of sale from your assets may be used to satisfy interest repayments on your loans and other fees (for example, those charged by your bank), including late payment or termination fees.
How can your bankruptcy affect your spouse?
Your bankruptcy may affect your spouse if:
• they use an asset that you own
• you sold or gave them an asset prior to declaring bankruptcy
• they share a debt with you (for example, a mortgage, a car loan or a utility bill)
• you and your spouse jointly own an asset (for example, a home, a car or other personal property).
Does your spouse use an asset that you own?
Before your assets can be sold, the trustee must determine whether you own the asset, or whether ownership lies with your spouse.
This is important because:
• The trustee appointed to manage your assets cannot recover an asset owned by your spouse
• If the trustee finds that you own certain assets, some assets are protected in bankruptcy and cannot be sold
• All other assets that you own (that are not protected) will form part of your assets which can be sold during your bankruptcy.
To determine whether you or your spouse owns the asset, the trustee will:
• ask you about contributions to purchase price of the asset
• check the asset’s use and history
• look at whose name is on the loan documents (if applicable)
• in the case of certain assets such as a car, check the Personal Property Securities Register (PPSR) to determine whether a secured loan has been taken out against the asset. Ultimately, the trustee will establish ownership depending on the facts of your case
Did you dispose of an asset prior to bankruptcy?
Before filing for bankruptcy, people may give away or sell an asset to their spouse for a price below the market value of the asset. For example, a person may sell the family home to their spouse for $250,000 when the market value of the home may be $500,000. If you find yourself in this situation, the trustee may investigate your dealings with your assets and, in the circumstances outlined below, may be able to reverse these transactions to recover the assets you disposed of.
The trustee can recover assets if:
• the trustee can show that you gave away or sold assets for less than their market value within five years before you became bankrupt, then. However, such assets cannot be recovered if the transfer was made to a relative or ‘related entity’ more than four years before your bankruptcy and you were solvent at the time.
• the trustee can show that you gave away or sold assets with the intention of preventing creditors from claiming them at any time before your bankruptcy.
What if your spouse is also entering into bankruptcy?
Bankruptcy is a legal status attributed to individuals. However, if couples have substantial joint debts, it may make sense for both partners to file for their individual bankruptcy at the same time if neither can service the joint debts alone. This will involve submitting separate bankruptcy documentation for each person, and all joint debts and joint assets must be listed in full in the relevant documents.
Joint debts
A joint debt is a debt that you share with other people. Each person that shares the debt is a joint debtor. Joint debts may be understood as meaning joint responsibility. This means that all joint debtors are responsible for repayment of the entirety of the debt. A guarantor is a person that has agreed, in writing, to pay your debts if you become bankrupt and/or are unable to repay your loan.
What happens to joint debts when one individual is made bankrupt?
If one joint debtor enters bankruptcy, the other joint debtors will become responsible for repaying the entirety of the debt. For example, if two people share a mortgage, and one becomes bankrupt, the non-bankrupt debtor will become responsible for repaying the mortgage. However, if the debt is guaranteed by another person (known as a guarantor) they will become responsible for that part of the debt which they have agreed to guarantee. If you are dealing with joint debts and only one debtor is declaring bankruptcy, the best thing to do is to let the trustee know which debts are joint. If you are not sure which debts are joint, you should check with each of your creditors to confirm the position.
What Happens To Joint Assets
A joint asset is an asset that you own with another person. This is known as co-ownership. Co-ownership means that more than one person has contributed money to purchase an asset. For example, if two people contribute money to buy a car, the car is a joint asset. However, if only one person contributes their money to the purchase of the car, the car is not a joint asset.
Protected assets
Not all assets that you own or co-own with another person will be affected in bankruptcy. Certain assets are protected and cannot be sold by a trustee to satisfy your debts. This means that if you are made bankrupt, you will be able to keep these assets.
Chapter 13 Bankruptcy vs. Chapter 7
Chapter 13 allows some debts to be discharged that can’t be discharged in Chapter 7. It includes marital debts created in a divorce agreement (exclusive of spousal support or alimony), court fees, certain tax-related debts, condo and homeowners’ association fees, debts for retirement loans, and debts that could not be discharged in a previous bankruptcy.
What Debts Are Discharged?
Debts that can be discharged and the amount of the discharge all depend on whether you file Chapter 7 or Chapter 13 bankruptcy. In Chapter 7 bankruptcy, the trustee divides your nonexempt assets among your creditors, and any remaining debt will be discharged. In Chapter 13 bankruptcy, you enter a repayment plan that repays all or most of your debt. At the end of your repayment plan, the remaining debt will be discharged. Debts that are likely to be discharged in bankruptcy include credit card debts, medical bills, lawsuit judgments, and personal loans, obligations under a lease or other contract, and other unsecured debts. There are some types of debt. However, that cannot be discharged in either type of bankruptcy.
Debts That Can’t Be Discharged in Chapter 7
Section 523(a) of the Bankruptcy Code describes the types of debt that may not be discharged. Debts that can’t be discharged in Chapter 7 bankruptcy include:
• Domestic obligations like child support, alimony, and other debts owed under a marriage settlement agreement
• Certain fines, penalties, and restitution resulting from criminal activity
• Certain taxes, including fraudulent income taxes, property taxes that became due within the previous year, and business taxes
• Court costs
• Debts from a DUI charge
• Condo or other homeowners’ association fees charged after you file bankruptcy
• Retirement plan loans
• Debts not discharged in a previous bankruptcy
• Debts you didn’t list on your bankruptcy567
Difficult Debts to Discharge During Bankruptcy
It is extremely difficult if not impossible to discharge student loans in bankruptcy. Also, creditors can ask that certain debts not be discharged including debts incurred via fraud, any luxuries you charged in the months preceding your bankruptcy, or debts arising from willful and malicious acts like arson, kidnapping, vandalism, libel, or slander.
Debts That Can’t Be Discharged in Chapter 13 Bankruptcy
Under Chapter 13, you can receive a discharge for the remainder of unsecured debts after you’ve completed your repayment plan. However, some debts cannot be discharged under Chapter 13 bankruptcy, including the following:
• Child support and alimony
• Certain fines, penalties, and restitution resulting from criminal activity
• Certain taxes, including fraudulent income taxes, property taxes that became due within the previous three years, and business taxes
• Debts stemming from willful or malicious actions (automatically non-dischargeable)
• Debts you didn’t list on your bankruptcy
• Debts incurred due to personal injury or death caused by your drunk driving
• Debts arising from fraud or recent luxury purchases can’t be discharged in bankruptcy
• Student loan debt is nearly impossible to discharge in bankruptcy.
How Long Does It Take to Get a Bankruptcy Discharge?
According to the Utah Courts, discharge for Chapter 7, bankruptcy usually occurs about four months after the date you file your bankruptcy petition. For Chapter 13, the discharge occurs after all the payments under the bankruptcy plan have been made, which takes three to five years. If you don’t take the required financial management course, the court can deny your bankruptcy discharge.
The Process
Once your debts have been discharged, a copy of the order will be mailed to all your creditors as well as the Utah trustee, the trustee in your bankruptcy case, and the trustee’s attorney. This order includes a notice that creditors should not attempt to collect on the debts or else they face punishment for contempt. Make sure you keep a copy of the order of discharge along with all the other bankruptcy paperwork, so you’re not charged to get a copy later on. You can use a copy of these papers to correct credit report issues or deal with creditors who try to collect from you after the bankruptcy discharge. If any creditor tries to collect a discharged debt from you, you can file a motion with the court and have the case reopened. The creditor can be fined if the court finds that the creditor violated the discharge injunction. Before going that route, try sending a copy of your order of discharge to stop the collection activity and if that doesn’t work, talk to a bankruptcy attorney about taking legal action.
Cosigners
Unfortunately, your bankruptcy will impact any joint account holders or cosigners. While your liability for the debt is removed upon bankruptcy discharge, the cosigner is on the hook for the entire balance of the debt. Your bankruptcy protection does not extend to your joint applicants or cosigners. Creditors are still allowed to collect from (or even sue) the cosigner for the debt. However, you can voluntarily make payments on the debt to ensure that it’s paid in full, especially if you received the benefit from the debt.
Credit Report
A bankruptcy discharge does not impact the credit reporting time limit for bankruptcy, which is seven years from the date of filing for Chapter 13 bankruptcy and ten years from the date of filing for Chapter 7 bankruptcy. Accounts associated with bankruptcy may be deleted from your credit report before the bankruptcy, particularly if the date of delinquency preceded your bankruptcy filing. However, the bankruptcy will continue to be listed on your credit report in the public records section for the allowed time limit.
Utah
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Utah
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|---|---|
| State of Utah | |
| Nickname(s):
“Beehive State” (official), “The Mormon State”, “Deseret”
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| Motto:
Industry
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| Anthem: “Utah…This Is the Place“ | |
Map of the United States with Utah highlighted
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| Country | United States |
| Before statehood | Utah Territory |
| Admitted to the Union | January 4, 1896 (45th) |
| Capital (and largest city) |
Salt Lake City |
| Largest metro and urban areas | Salt Lake City |
| Government | |
| • Governor | Spencer Cox (R) |
| • Lieutenant Governor | Deidre Henderson (R) |
| Legislature | State Legislature |
| • Upper house | State Senate |
| • Lower house | House of Representatives |
| Judiciary | Utah Supreme Court |
| U.S. senators | Mike Lee (R) Mitt Romney (R) |
| U.S. House delegation | 1: Blake Moore (R) 2: Chris Stewart (R) 3: John Curtis (R) 4: Burgess Owens (R) (list) |
| Area | |
| • Total | 84,899 sq mi (219,887 km2) |
| • Land | 82,144 sq mi (212,761 km2) |
| • Water | 2,755 sq mi (7,136 km2) 3.25% |
| • Rank | 13th |
| Dimensions | |
| • Length | 350 mi (560 km) |
| • Width | 270 mi (435 km) |
| Elevation | 6,100 ft (1,860 m) |
| Highest elevation | 13,534 ft (4,120.3 m) |
| Lowest elevation | 2,180 ft (664.4 m) |
| Population
(2020)
|
|
| • Total | 3,271,616[4] |
| • Rank | 30th |
| • Density | 36.53/sq mi (14.12/km2) |
| • Rank | 41st |
| • Median household income | $60,365[5] |
| • Income rank | 11th |
| Demonym | Utahn or Utahan[6] |
| Language | |
| • Official language | English |
| Time zone | UTC−07:00 (Mountain) |
| • Summer (DST) | UTC−06:00 (MDT) |
| USPS abbreviation |
UT
|
| ISO 3166 code | US-UT |
| Traditional abbreviation | Ut. |
| Latitude | 37° N to 42° N |
| Longitude | 109°3′ W to 114°3′ W |
| Website | utah |
| Utah state symbols | |
|---|---|
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| Living insignia | |
| Bird | California gull |
| Fish | Bonneville cutthroat trout[7] |
| Flower | Sego lily |
| Grass | Indian ricegrass |
| Mammal | Rocky Mountain Elk |
| Reptile | Gila monster |
| Tree | Quaking aspen |
| Inanimate insignia | |
| Dance | Square dance |
| Dinosaur | Utahraptor |
| Firearm | Browning M1911 |
| Fossil | Allosaurus |
| Gemstone | Topaz |
| Mineral | Copper[7] |
| Rock | Coal[7] |
| Tartan | Utah State Centennial Tartan |
| State route marker | |
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| State quarter | |
Released in 2007
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| Lists of United States state symbols | |
Utah (/ˈjuːtɑː/ YOO-tah, /ˈjuːtɔː/ (
listen) YOO-taw) is a landlocked state in the Mountain West subregion of the Western United States. It is bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents.[8] Most of the western half of Utah lies in the Great Basin.
Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europeans to arrive in the mid-16th century, though the region’s difficult geography and harsh climate made it a peripheral part of New Spain and later Mexico. Even while it was Mexican territory, many of Utah’s earliest settlers were American, particularly Mormons fleeing marginalization and persecution from the United States. Following the Mexican–American War in 1848, the region was annexed by the U.S., becoming part of the Utah Territory, which included what is now Colorado and Nevada. Disputes between the dominant Mormon community and the federal government delayed Utah’s admission as a state; only after the outlawing of polygamy was it admitted in 1896 as the 45th.
People from Utah are known as Utahns.[9] Slightly over half of all Utahns are Mormons, the vast majority of whom are members of the Church of Jesus Christ of Latter-day Saints (LDS Church), which has its world headquarters in Salt Lake City;[10] Utah is the only state where a majority of the population belongs to a single church.[11] The LDS Church greatly influences Utahn culture, politics, and daily life,[12] though since the 1990s the state has become more religiously diverse as well as secular.
Utah has a highly diversified economy, with major sectors including transportation, education, information technology and research, government services, mining, and tourism. Utah has been one of the fastest growing states since 2000,[13] with the 2020 U.S. census confirming the fastest population growth in the nation since 2010. St. George was the fastest-growing metropolitan area in the United States from 2000 to 2005.[14] Utah ranks among the overall best states in metrics such as healthcare, governance, education, and infrastructure.[15] It has the 14th-highest median average income and the least income inequality of any U.S. state. Over time and influenced by climate change, droughts in Utah have been increasing in frequency and severity,[16] putting a further strain on Utah’s water security and impacting the state’s economy.[17]
Etymology
The name Utah is said to derive from the name of the Ute tribe, meaning ‘people of the mountains’.[18] However, no such word actually exists in the Utes’ language, and the Utes refer to themselves as Noochee. The meaning of Utes as ‘the mountain people’ has been attributed to the neighboring Pueblo Indians,[19] as well as to the Apache word Yuttahih, which means ‘one that is higher up’ or ‘those that are higher up’.[18] In Spanish, it was pronounced Yuta; subsequently, English-speaking people may have adapted the word as Utah.
Geography and geology
Utah county boundaries
Utah is known for its natural diversity and is home to features ranging from arid deserts with sand dunes to thriving pine forests in mountain valleys. It is a rugged and geographically diverse state at the convergence of three distinct geological regions: the Rocky Mountains, the Great Basin, and the Colorado Plateau.
Utah covers an area of 84,899 sq mi (219,890 km2). It is one of the Four Corners states and is bordered by Idaho in the north, Wyoming in the north and east, by Colorado in the east, at a single point by New Mexico to the southeast, by Arizona in the south, and by Nevada in the west. Only three U.S. states (Utah, Colorado, and Wyoming) have exclusively latitude and longitude lines as boundaries.
One of Utah’s defining characteristics is the variety of its terrain. Running down the middle of the state’s northern third is the Wasatch Range, which rises to heights of almost 12,000 ft (3,700 m) above sea level. Utah is home to world-renowned ski resorts made popular by light, fluffy snow and winter storms that regularly dump up to three feet of it overnight. In the state’s northeastern section, running east to west, are the Uinta Mountains, which rise to heights of over 13,000 feet (4,000 m). The highest point in the state, Kings Peak, at 13,528 feet (4,123 m),[43] lies within the Uinta Mountains.
At the western base of the Wasatch Range is the Wasatch Front, a series of valleys and basins that are home to the most populous parts of the state. It stretches approximately from Brigham City at the north end to Nephi at the south end. Approximately 75 percent of the state’s population lives in this corridor, and population growth is rapid.
Western Utah is mostly arid desert with a basin and range topography. Small mountain ranges and rugged terrain punctuate the landscape. The Bonneville Salt Flats are an exception, being comparatively flat as a result of once forming the bed of ancient Lake Bonneville. Great Salt Lake, Utah Lake, Sevier Lake, and Rush Lake are all remnants of this ancient freshwater lake,[44] which once covered most of the eastern Great Basin. West of the Great Salt Lake, stretching to the Nevada border, lies the arid Great Salt Lake Desert. One exception to this aridity is Snake Valley, which is (relatively) lush due to large springs and wetlands fed from groundwater derived from snow melt in the Snake Range, Deep Creek Range, and other tall mountains to the west of Snake Valley. Great Basin National Park is just over the Nevada state line in the southern Snake Range. One of western Utah’s most impressive, but least visited attractions is Notch Peak, the tallest limestone cliff in North America, located west of Delta.
Much of the scenic southern and southeastern landscape (specifically the Colorado Plateau region) is sandstone, specifically Kayenta sandstone and Navajo sandstone. The Colorado River and its tributaries wind their way through the sandstone, creating some of the world’s most striking and wild terrain (the area around the confluence of the Colorado and Green Rivers was the last to be mapped in the lower 48 United States). Wind and rain have also sculpted the soft sandstone over millions of years. Canyons, gullies, arches, pinnacles, buttes, bluffs, and mesas are the common sights throughout south-central and southeast Utah.
This terrain is the central feature of protected state and federal parks such as Arches, Bryce Canyon, Canyonlands, Capitol Reef, and Zion national parks, Cedar Breaks, Grand Staircase–Escalante, Hovenweep, and Natural Bridges national monuments, Glen Canyon National Recreation Area (site of the popular tourist destination, Lake Powell), Dead Horse Point and Goblin Valley state parks, and Monument Valley. The Navajo Nation also extends into southeastern Utah. Southeastern Utah is also punctuated by the remote, but lofty La Sal, Abajo, and Henry mountain ranges.
Eastern (northern quarter) Utah is a high-elevation area covered mostly by plateaus and basins, particularly the Tavaputs Plateau and San Rafael Swell, which remain mostly inaccessible, and the Uinta Basin, where the majority of eastern Utah’s population lives. Economies are dominated by mining, oil shale, oil, and natural gas-drilling, ranching, and recreation. Much of eastern Utah is part of the Uintah and Ouray Indian Reservation. The most popular destination within northeastern Utah is Dinosaur National Monument near Vernal.
Southwestern Utah is the lowest and hottest spot in Utah. It is known as Utah’s Dixie because early settlers were able to grow some cotton there. Beaverdam Wash in far southwestern Utah is the lowest point in the state, at 2,000 feet (610 m).[43] The northernmost portion of the Mojave Desert is also located in this area. Dixie is quickly becoming a popular recreational and retirement destination, and the population is growing rapidly. Although the Wasatch Mountains end at Mount Nebo near Nephi, a complex series of mountain ranges extends south from the southern end of the range down the spine of Utah. Just north of Dixie and east of Cedar City is the state’s highest ski resort, Brian Head.
Like most of the western and southwestern states, the federal government owns much of the land in Utah. Over 70 percent of the land is either BLM land, Utah State Trustland, or U.S. National Forest, U.S. National Park, U.S. National Monument, National Recreation Area or U.S. Wilderness Area.[45] Utah is the only state where every county contains some national forest.[46]
About Salt Lake City, Utah
Neighborhoods in Salt Lake City, Utah
Poplar Grove, The Avenues, Ballpark, Lower Avenues, Downtown, Woodbury, Central City, Salt Lake City Community Development, Neighborhood House, Rio Grande, Neighborhood Services, University Neighborhood Partners, Salt Lake City, Neighborhood Auto Service, Sunnyside Park, Building at Rear, 537 West 200 South, Washington Square Park, Area 51, Brigham Young Historic Park, 9th & 9th
Things To Do in Salt Lake City, Utah
Bus Stops in Salt Lake City, Utah to Parklin Law
Bus Stop in Greyhound: Bus Station Salt Lake City, Utah to Parklin Law
Bus Stop in Greyhound: Bus Stop Salt Lake City, Utah to Parklin Law
Bus Stop in Salt Lake Central Salt Lake City, Utah to Parklin Law
Bus Stop in Stadium Station (EB) Salt Lake City, Utah to Parklin Law
Bus Stop in South Salt Lake City Station Salt Lake City, Utah to Parklin Law
Bus Stop in 200 S / 1000 E (EB) Salt Lake City, Utah to Parklin Law
Bus Stop in Intermodal Hub - Salt Lake City Salt Lake City, Utah to Parklin Law
Bus Stop in Salt Lake Central Station (Bay B) Salt Lake City, Utah to Parklin Law
Bus Stop in South Salt Lake City Station Salt Lake City, Utah to Parklin Law
Bus Stop in Greyhound: Bus Stop Salt Lake City, Utah to Parklin Law
Bus Stop in State St @ 1428 S Salt Lake City, Utah to Parklin Law
Bus Stop in 200 S / 1100 E (Wb) Salt Lake City, Utah to Parklin Law
Driving Directions in Salt Lake City, Utah to Parklin Law
Driving Directions from The Grand America Hotel to Salt Lake City, Utah
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Reviews for Parklin Law Salt Lake City, Utah
Lloyd Corbin
When it comes to estate planning, these guys know what they are doing. Very helpful customer service. I'm glad to give them a 5 star rating.
Frank Weber
I called and needed help with a complete estate plan. I wanted a last will and testament, a durable power of attorney, a health care directive in Utah, and a I wanted a revocable living trust. They were able to get them all done for me for a flat fee. Very professional. Highly recommended.
