Why Should I File a Chapter 13 Bankruptcy

A question that I am frequently asked by my clients is whether they should file a Utah Chapter 7 Bankruptcy or a Utah Chapter 13 Bankruptcy? There are numerous questions that need to be considered.

1. Income of the debtors. If my client’s income is above means, then they may not qualify for a Utah Chapter 7 Bankruptcy.
2. The client has nonexempt property that they would lose in a Chapter 7 Bankruptcy.
3. The debtor is not eligible for a Chapter 7 Bankruptcy discharge because they have already received a discharge in the last 8 years.
4. The debtor desires to repay back a portion to all of their debts. In a Utah Chapter 13 Bankruptcy it is possible to leverage the power of the bankruptcy court to pay back your debts at a much lower interest rate.
5. The debtor is facing foreclosure on their home but they want to save it.
6. The debtor’s situation that caused the downturn was only temporarily but they are struggling to get out of their setback.
7. The debtor’s car is about to or has just been repossessed and they want to keep the car.

Above are just some of the issues that need to be addressed before deciding whether to file a Utah Chapter 7 Bankruptcy or a Utah Chapter 13 Bankruptcy. Please call me at (801) 432-8682 to discuss your options.