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Bankruptcy Utah

Bankruptcy Utah
Bankruptcy Utah
Bankruptcy Utah
Bankruptcy Utah

Bankruptcy Utah

If your debts have become unmanageable or you’re facing foreclosure on your home, you might be thinking about declaring bankruptcy. While bankruptcy may be the only way out for some people, it also has serious consequences that are worth considering before you make any decisions. For example, bankruptcy will remain on your credit report for either seven or 10 years, depending on the type of bankruptcy. That can make it difficult to obtain a credit card, car loan, or mortgage in the future. It could also mean higher insurance rates and even affect your ability to get a job or rent an apartment.

What to Do Before Filing for Bankruptcy

Bankruptcy is generally considered a last resort for people who are deep in debt and see no way to pay their bills. Before filing for bankruptcy, there are alternatives that are worth exploring. They are less costly than bankruptcy and likely to do less damage to your credit record.

For example, find out if your creditors are willing to negotiate. Rather than wait for a bankruptcy settlement and risk getting nothing at all some creditors will agree to accept reduced payments over a longer period of time.

In the case of a home mortgage, call your loan servicer to see what options may be available to you. Some lenders offer forbearance (postponing payments for a period of time), repayment plans (such as smaller payments stretched over a longer period), or loan modification programs (which might, for example, lower your interest rate for the remainder of the loan). Even the Internal Revenue Service is often willing to negotiate. If you owe taxes, you may be eligible for an offer in compromise, in which the IRS will agree to accept a lower amount. The IRS also offers payment plans, allowing eligible taxpayers to pay what they owe over time.

How to File for Bankruptcy

If you’ve decided to file for bankruptcy, your first step should usually be to consult an attorney. While it is possible to file without one, “seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes,” the Administrative Office of the U.S. Courts notes on its website. (Bankruptcy is governed by federal law, and cases are handled by federal bankruptcy courts, although some rules differ from state to state.) Before you file, you’ll be required to attend a counseling session with a credit counseling organization approved by the Department of Justice’s U.S. Trustee Program. The counselor should evaluate your personal financial situation, describe the alternatives to bankruptcy, and help you devise a budget plan. Counseling is free if you can’t afford to pay; otherwise it should cost about $50, according to the Federal Trade Commission. If you still wish to proceed, your attorney can advise you on which type of bankruptcy is more appropriate for your situation.

Types of Personal Bankruptcy

In the case of individuals, as opposed to businesses, there are two common forms of bankruptcy: Chapter 7 and Chapter 13. Here is a brief description of how each type works:
• Chapter 7: This type of bankruptcy essentially liquidates your assets in order to pay your creditors. Some assets typically including part of the equity in your home and automobile, personal items, clothing, tools needed for your employment, pensions, Social Security, and any other public benefits are exempt, meaning you get to keep them. But your remaining, non-exempt assets will be sold off by a trustee appointed by the bankruptcy court and the proceeds will then be distributed to your creditors. Non-exempt assets may include property (other than your primary residence), recreational vehicles, boats, a second car or truck, collectibles or other valuable items, bank accounts, and investment accounts. At the end of the process, most of your debts will be discharged and you will no longer be under any obligation to repay them. However, certain debts, like student loans, child support, and taxes, cannot be discharged. Chapter 7 is generally chosen by individuals with lower income and few assets. Your eligibility for it is also subject to a means test, as explained bellow.
• Chapter 13: In this type of bankruptcy, you are allowed to retain your assets, but must agree to repay your debts over a specified period of three to five years. The trustee collects your payments and distributes them to creditors. Chapter 13 bankruptcy is normally chosen by people who want to keep their non-exempt property intact or buy time against foreclosures or property seizures.

The Means Test for Chapter 7

Whether to file for Chapter 7 or Chapter 13 is not your decision alone. The courts also impose a means test to determine whether you are eligible for Chapter 7. The means test first compares your average income over the previous six months with the median income for a household of your size in your state; if you earn less than the median, you should be eligible for Chapter 7. Even if your income is higher than the median, you may be eligible after subtracting certain allowable expenses. But if the calculation shows that you’d have enough disposable income left over to begin repaying your debts rather than having the slate simply wiped clean the court may decide that Chapter 13 is your only option. To help determine your eligibility, you will be required to fill out this 122A-2 Form.

Listing Your Debts

In filing for bankruptcy, you will also be asked to supply the court with a list of your all the money you owe. Your debts fall into two categories:
• Secured debts: These include loans in which the creditor has a security interest in the property that was provided as collateral when you took out the loan. Mortgages and car loans are the most common types of secured loans, the collateral being your home or your car, respectively.
• Unsecured debts: These debts are not secured by property or other collateral. Examples include credit card debt, medical bills, and personal unsecured loans. The bankruptcy court considers secured debt to be of higher priority because failing to pay it can allow the creditor to lay claim to the property serving as collateral. Once all the essential information has been filed with the court, the court appoints a trustee, whose job is to make sure that your secured debt is repaid over a given period. At that point, the court issues an automatic stay that prevents creditors from seizing the assets through property confiscation or foreclosure.

Discharging Your Debts

When the bankruptcy court issues a discharge, you are relieved of your liability to pay back the listed debts. That means creditors no longer have a legal claim against the debts, so they cannot pursue any collection activity, take any legal action, or even communicate with you in any way. The court will send your creditors a notice that the debts have been discharged. A copy will also be sent to your lawyer as well as to the U.S. Trustee Program at the Department of Justice. Any creditor who attempts to collect a debt after receiving a notice of discharge can be fined. For a Chapter 7 bankruptcy, the discharge is usually issued anywhere between four and six months after the bankruptcy petition is filed. The discharge under Chapter 13 bankruptcy is issued after the payment plan is complete, usually three to five years after the bankruptcy filing. Once your debts have been discharged by the court, those creditors can no longer attempt to collect them or take other legal action against you.

Rebuilding Your Credit After Bankruptcy

As mentioned above, bankruptcy will remain on your credit report for either seven years (in the case of Chapter 13) or 10 years (in the case of Chapter 7). That can make it difficult to obtain further credit, such as a bank loan or a conventional credit card. However, the effect of bankruptcy on your credit score will diminish over time and your score will gradually improve if you show that you’re using credit responsibly. One tool for doing that is a secured credit card, where you make a deposit with the issuing bank, which then becomes your credit line. By using that card judiciously and making your payments on time, you can begin to establish a fresh credit history. After a period of on-time payments, you may become eligible for a regular, non-secured credit card.

When Should I Declare Bankruptcy?

There is no “perfect” time, but there is a good rule of thumb to keep in mind when you’re asking yourself the question: should I file for bankruptcy? If it is going to take more than five years for you to pay off all your debts, it might be time to declare bankruptcy. The thinking behind this is that the bankruptcy code was set up to give people a second chance, not to punish them. If some combination of mortgage debt, credit card debt, medical bills and student loans has devastated you financially and you don’t see that picture changing, bankruptcy might be the best answer. If you don’t qualify for bankruptcy, there is still hope. Other possible debt-relief choices include a debt management program or debt settlement, but both of those typically need 3-5 years to reach a resolution and neither one guarantee all your debts will be settled when you finish. Bankruptcy carries some significant long-term penalties because it will remain on your credit report for 7-10 years, but there is a great mental and emotional lift when you’re given a fresh start and all your debts are eliminated.

Why Would You Declare Bankruptcy?

The primary reason for declaring bankruptcy is to start all over again with a clean slate. However, there is a secondary reason for filing that might ease some of the tension related to your problems. Declaring bankruptcy will stop the badgering phone calls, letters and other attempts to contact and collect from you. Legally, it’s referred to as “the automatic stay.” It means that creditors are prohibited from filing a lawsuit against you or entering liens against your property or constantly contacting you in an effort to get a payment on the debt. It also stops things like eviction, utility disconnection and wage garnishments. Bankruptcy is a long- tormenting situation. Once you have filed, the process usually takes six months or more to complete. Before, and during that time, you and possibly your friends or workplace, have received phone calls from debt collection agencies trying to settle your accounts. Those calls must stop as soon as you declare bankruptcy.

Consequences of Bankruptcy

Perhaps the most well-known consequence of bankruptcy is the loss of property. As previously noted, both types of bankruptcy proceedings can require you to give up possessions for sale in order to repay creditors. Under certain circumstances, bankruptcy can mean losing real estate, vehicles, jewelry, antique furnishings and other types of possessions. Your bankruptcy can also affect others financially. For example, if your parents co-signed an auto loan for you, they could still be held responsible for at least some of that debt if you file for bankruptcy. Finally, bankruptcy damages your credit. Bankruptcies are considered negative information on your credit report, and can affect how future lenders view you. Seeing a bankruptcy on your credit file may prompt creditors to decline extending you credit or to offer you higher interest rates and less favorable terms if they do decide to give you credit. Depending on the type of bankruptcy you file, the negative information can appear on your credit report for up to a decade. Discharged accounts will have their status updated to reflect that they’ve been discharged, and this information will also appear on your credit report. Negative information on a credit report is a factor that can harm your credit score.

Getting a Credit Card or Loan after Bankruptcy

Bankruptcy information on your credit report may make it very difficult to get additional credit after the bankruptcy is discharged at least until the information cycles off your credit report. Lenders will be cautious about giving you additional credit, and they may ask you to accept a higher interest rate or less favorable terms in order to extend you credit. It will be important to begin rebuilding your credit right away, making sure you pay all your bills on time. You’ll also want to be careful not to fall back into any negative habits that contributed to your debt problems in the first place.

Getting a Mortgage After Bankruptcy

Just as bankruptcy can hinder your ability to obtain unsecured credit, it can make it difficult to get a mortgage, as well. You may find lenders decline your mortgage application, and those that do accept it may offer you a much higher interest rate and fees. You may be asked to put up a much higher down payment or shoulder higher closing costs. Rather than give up your home and try to get a new mortgage after bankruptcy, it may be better to reaffirm your current mortgage during bankruptcy proceedings. You would be able to keep your home, continue paying on your current mortgage free of other debts and stay in your current home.

Bankruptcy Alternatives

When you’re struggling with unmanageable debt, bankruptcy is just one solution; there are others to consider. Most will also affect your credit, but probably not as badly as a bankruptcy plus, these alternatives can allow you to keep your property, rather than having to liquidate it in bankruptcy proceedings.

Some bankruptcy alternatives you might consider are:
• Seek help from a government-approved credit counselor or debt management plan. A counselor can work with your creditors to help arrange a workable plan for repaying what you owe.
• Take out a debt consolidation loan. These types of loans can aggregate multiple high-interest, costlier debt into a single, lower-interest loan. Research debt consolidation loans to see if consolidation can lower the total amount you pay and make your debt more manageable.
• Approach your creditors and see if they’re willing to agree to a more manageable repayment plan. Defaulting on your debt is not something your creditors want to see happen to you, either, so they may be willing to work with you to arrange a more achievable repayment plan. Settling your debt will have a negative effect on your credit scores. Be aware that whenever you fail to honor the debt-repayment terms you originally agreed to, it can affect your credit. That said, bankruptcy will still have a more significant negative impact on your credit than will credit negotiation, credit counseling and debt consolidation.

Bankruptcy Terms to Know

Throughout bankruptcy proceedings, you’ll likely come across some legal terms particular to bankruptcy proceedings that you’ll need to know. Here are some of the most common and important ones:
• Bankruptcy trustee: This is the person or corporation, appointed by the bankruptcy court, to act on behalf of the creditors. He or she reviews the debtor’s petition, liquidates property under Chapter 7 filings, and distributes the proceeds to creditors. In Chapter 13 filings, the trustee also oversees the debtor’s repayment plan, receives payments from the debtor and disburses the money to creditors.
• Credit counseling: Before you’ll be allowed to file for bankruptcy, you’ll need to meet either individually or in a group with a nonprofit budget and credit counseling agency. Once you’ve filed, you’ll also be required to complete a course in personal financial management before the bankruptcy can be discharged. Under certain circumstances, both requirements could be waived.
• Discharged bankruptcy: When bankruptcy proceedings are complete, the bankruptcy is considered “discharged.” Under Chapter 7, this occurs after your assets have been sold and creditors paid. Under Chapter 13, it occurs when you’ve completed your repayment plan.
• Exempt property: Although both types of bankruptcy may require you to sell assets to help repay creditors, some types of property may be exempt from sale. State law determines what a debtor may be allowed to keep, but generally items like work tools, a personal vehicle or equity in a primary residence may be exempted.
• Lien: A legal action that allows a creditor to take, hold and sell a debtor’s real estate for security or repayment of a debt.
• Liquidation: The sale of a debtor’s non-exempt property. The sale turns assets into a “liquid” form — cash — which is then disbursed to creditors.
• Means test: The Bankruptcy Code requires people who want to file Chapter 7 bankruptcy to demonstrate that they do not have the means to repay their debts. The requirement is intended to curtail abuse of the bankruptcy code. The test takes into account information such as income, assets, expenses and unsecured debt. If a debtor fails to pass the means test, their Chapter 7 bankruptcy may either be dismissed or converted into a Chapter 13 proceeding.
• Reaffirmed account: Under Chapter 7 bankruptcy, you may agree to continue paying a debt that could be discharged in the proceedings. Reaffirming the account and your commitment to pay the debt is usually done to allow a debtor to keep a piece of collateral, such as a car, that would otherwise be seized as part of the bankruptcy proceedings.
• Secured debt: Debt backed by reclaimable property. For example, your mortgage is backed by your home, and for an auto loan, the vehicle itself is the collateral. Creditors of secured debt have the right to seize the collateral if you default on the loan.
• Unsecured debt: A debt for which the creditor holds no tangible collateral, such as credit cards.

Utah

From Wikipedia, the free encyclopedia

Coordinates39°N 111°W

Utah
State of Utah
Nickname(s):

“Beehive State” (official), “The Mormon State”, “Deseret”
Motto:

Industry
Anthem: “Utah…This Is the Place
Map of the United States with Utah highlighted

Map of the United States with Utah highlighted
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 1Blake Moore (R)
2Chris Stewart (R)
3John Curtis (R)
4Burgess 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.gov
hideUtah state symbols
Flag of Utah.svg

Seal of Utah.svg
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
Utah state route marker
State quarter
Utah quarter dollar coin

Released in 2007
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 changedroughts 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.[20]

 

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 LakeSevier 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 RangeDeep 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 ArchesBryce CanyonCanyonlandsCapitol Reef, and Zion national parks, Cedar BreaksGrand Staircase–EscalanteHovenweep, 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 SalAbajo, 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 shaleoil, 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 ForestU.S. National ParkU.S. National MonumentNational Recreation Area or U.S. Wilderness Area.[45] Utah is the only state where every county contains some national forest.[46]

Salt Lake City, Utah

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