Utah Bankruptcy Laws
How Utah's bankruptcy laws work
Utah bankruptcy laws were created to provide specific relief for individuals and families whose lives are being disrupted by debt.
The laws have two goals: Debt elimination and property protection. The two main types of bankruptcy in Utah, Chapter 7 and Chapter 13, can be used to achieve these goals.
You can learn more about filing bankruptcy under Utah's laws by checking out the information on this page.
If you want to learn more about the help and protection of bankruptcy immediately, complete the free case review form on this page and we’ll connect you to a local Utah bankruptcy lawyer right away.
Understanding Chapter 13 and Chapter 7 Bankruptcy
Both Chapter 7 and Chapter 13 provide protection against creditor harassment, and can be used to stop foreclosure and repossession. However, they work in different ways and can help people in different situations.
Chapter 7 bankruptcy is typically used by people with lower incomes who have large amounts of debt from credit cards, medical bills, personal loans and payday loans. These debts may be completely discharged and retired by filing Chapter 7.
However, those who own a home, cars or lots of other valuable items, may want to get to know the Utah Chapter 7 bankruptcy exemptions. In rare cases, there can be a liquidation sale of property that is not covered by the exemptions. In most cases, there is no sale of any type.
Homestead
- Primary residence worth up to $40,000 for a family.
- Primary residence worth up to $20,000 for a single adult.
- Non-primary residence worth up to $5,000 if owned by a single adult, $10,000 for a joint-owned property.
Wages
- 75 percent of your earnings.
Automobiles
- A vehicle worth up to $2,500.
Personal Property
- Up to $500 of household furnishings.
- Burial plot.
- All healthy aids.
- A washer and dryer.
- A refrigerator, freezer, stove and microwave oven.
- Sewing machine.
- Carpeting.
- Clothing, beds and bedding.
- $3,500 worth of implements, books and trade tools.
Chapter 13 works by allowing filers to reorganize, and sometimes reduce, their debts under a 3-5 year, court organized repayment plan. Because filers must make a regular payment to a court-trustee, who handles the debt during Chapter 13, this chapter tends to work best for those who have a steady income, but faced a one-time financial hardship, such as a job loss or personal injury.
Chapter 13 bankruptcy is known in some parts for its foreclosure-halting powers. Thanks to the automatic stay that goes into effect when a bankruptcy case is filed, all collection actions are stopped while the case is pending. Foreclosure is a form of collection, which means that it can be held off for the duration of the Chapter 13 case – usually several years.
Utah bankruptcy laws can start working for you today
If you and your family are suffering because of debt, consider taking action soon. Now that you know about the help and protection offered by Utah’s bankruptcy laws, you may choose start the process of getting rid of your debt.
A local bankruptcy attorney can answer your questions, help you begin your case and help you get the protection you're looking for.
Connect with a local Utah bankruptcy lawyer today by filling out the free case review form on this page or calling, toll free, 877-349-1309.
Note: Keep in mind all laws are complex. If you need legal advice or want to fully understand how these laws affect you, please speak with a local attorney.
Laws may have changed since our last update. For the latest information on your state's bankruptcy laws, speak to a local bankruptcy lawyer.
