Wednesday, November 1, 2017

Guide To Filing A Chapter 7 Bankruptcy Utah

By Michelle Johnson


Debts can make your life inconvenient, difficult to live and full of stress. It can significantly reduce your quality of life. You may want to clear your debts, but the interest accruing and late payment penalties charged by your creditors may simply be too much for you to pay. To clear you debt, you may need to seek legal assistance. By filing a chapter 7 bankruptcy Utah residents will be able to get rid of all their bad debts.

By seeking to be declared bankrupt, you will get a number of legal protections. For one, the debt will be frozen, which means it cannot be increased in any way. Secondly, creditors will have to go through the court to recover their funds, so they will not communicate with you in any way. This will give you peace of mind.

When the proceedings are over, the debtor will be forgiven of all bad debts. While they would have lost most of their property, they will get a chance to start life afresh and free from debt. When you have your debts forgiven, you should learn from the experience to live below your means and avoid bad debt. That said, the benefits of this bankruptcy option far outweigh the disadvantages.

There are several chapters that debtors can choose to seek debt forgiveness under. They include chapters 11 and 13. While individual consumers can use chapter 13 to get rid of their debt, the process takes time and requires them to have a stable job. Chapter 11 on the other hand, is only meant for corporates and businesses.

Anyone can qualify for chapter 7 bankruptcy. The only requirement is that the debtor, it can be an individual or an organization, must not have a reliable source of income. If they do, their assets must have a greater value than their debts. The trustee will simply weigh whether trustees are likely to get more money from liquidation than from debt restructuring.

It is important to note that the assets belonging to the debtor will be sold. The funds recovered from the sale is what will be used to pay off the debt. However, there are several exemptions that debtors are entitled to. One of them is the car exemption, but there is also the household exemption. A competent lawyer will advise you whether to choose the exemptions provided by the state or federal government.

Assets are normally disposed of through an auction organized by the trustee. Once all the non-exempt assets are sold, the proceeds of the sale are forwarded to all the creditors proportionately. Once this has been done, all the debts that were subject to the proceedings will be forgiven. Unfortunately, the auction will come with some publicity, which may damage your reputation and standing in society.

There are a number of serious consequences that come with this option. For one, your credit report will show that you are a bankrupt consumer. This means that you will not be able to qualify for conventional loans from banks and credit unions. Secondly, anyone who runs a credit check will know about your status. Which means that you may not be able to rent a house or car, since most landlords and car rental companies nowadays run credit checks. However, having all your bad debts written off can make all this worth it.




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