Reference Articles
The Means Test And The Non-Filing Spouse
Married couples considering bankruptcy may file bankruptcy without both spouses filing (formally participating in) a bankruptcy case. Although spouses are not both required to file bankruptcy, the non-filing spouse’s income must still be listed on the filing spouse’s...
Payday Loans And Bankruptcy
Payday loans have the potential to cause serious financial problems for anyone regardless of their financial situation. This is likely the primary reason 15 states have banned payday loans. Prior to 2016 Utah law had the fewest restrictions on payday lenders in the...
What Does Not Constitute Income For Means Test Purposes?
The “Means Test” refers to the calculation of income that prospective bankruptcy debtors must make to determine whether they qualify to file a Chapter 7 Bankruptcy case. In most cases, a Chapter 7 bankruptcy case filing may be preferable since it lasts for four to...
Most Important Property Exemptions In Utah
For a bankruptcy debtor to genuinely receive a fresh start, federal bankruptcy law acknowledges that individuals experiencing financial burdens must be able to retain certain property essential for daily living, the law allows bankruptcy debtors to “exempt” or keep...
Bankruptcy & Tax Refunds
The unpalatable act of paying federal income taxes is tempered when the result is a tax refund. Annually, tax refunds are a predictable source of funds for many Americans. The majority of filed tax returns result in the IRS/Department of the Treasury issuing a...
Retirement & Bankruptcy
Bankruptcy may become a beneficial alternative to overwhelming financial stress at any time. For those on the brink of retirement, filing bankruptcy may seem like an underwhelming option. People in their fifties and sixties may be concerned about how filing for...
True Myths Of Bankruptcy
MYTH: If I file bankruptcy, I will never obtain credit again. After a bankruptcy case is filed, most, if not all, debt is wiped away giving a debtor a clean slate, resulting in a higher credit score over a short time and the ability to obtain credit. The filing of a...
What Questions Will The Trustee Ask At A 341 Meeting?
Whether you file a bankruptcy case under Chapter 7 or Chapter 13, federal bankruptcy law requires that you attend what bankruptcy attorneys, judges, trustees, and other industry regulars refer to as a “341 meeting” after its code section in Title 11, the bankruptcy...
How Does Wage Garnishment Work?
Garnishment is typically available as a court order directing that money or property of a third party be seized to satisfy a debt owed by a debtor to a creditor. It may involve the garnishment of wages or a bank account. A recent study in the last decade revealed that...
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