DO I NEED AN ATTORNEY TO FILE BANKRUPTCY IN UTAH?

In Utah corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. However, it is very important that a bankruptcy case be filed and handled correctly.  In Utah contact The Law Office of Douglas Barrett LLC for a FREE Bankruptcy consultation.

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IS THE BANKRUPTCY COURT A STATE OR FEDERAL COURT?

The U.S. Bankruptcy Court is part of the federal judiciary. Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court.  Bankruptcy cases cannot be filed in state court.
For more Utah bankruptcy information visit www.dlblaw.com .

WHAT CAN I DO IF A CREDITOR ATTEMPTS TO COLLECT A DISCHARGED DEBT AFTER MY CASE IS CONCLUDED?

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine. More information on Utah Bankruptcy can be found at www.dlblaw.com .

WHAT IS THE “AUTOMATIC STAY” IN BANKRUPTCY?

Under bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, 11 U.S.C. § 362, the stay begins at the moment the bankruptcy petition is filed. Secured creditors may, however, petition the bankruptcy court for relief from the automatic stay upon a showing of cause. More information on stopping creditor harassment can be found at www.dlblaw.com

WHAT IS THE “AUTOMATIC STAY” IN BANKRUPTCY?

Under bankruptcy law, an automatic stay is an automatic injunction that halts actions by creditors, with certain exceptions, to collect debts from a debtor who has declared bankruptcy. Under section 362 of the United States Bankruptcy Code, 11 U.S.C. § 362, the stay begins at the moment the bankruptcy petition is filed. Secured creditors may, however, petition the bankruptcy court for relief from the automatic stay upon a showing of cause. More information on stopping creditor harassment can be found at www.dlblaw.com .

WHAT CAN I DO IF A CREDITOR ATTEMPTS TO COLLECT A DISCHARGED DEBT AFTER MY CASE IS CONCLUDED?

If a creditor attempts collection efforts on a discharged debt, the debtor can file a motion with the court, reporting the action and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit, designed to collect a discharged debt. A creditor can be sanctioned by the court for violating the discharge injunction. The normal sanction for violating the discharge injunction is civil contempt, which is often punishable by a fine. Click HERE for more information on Utah Bankruptcy.

IS THE BANKRUPTCY COURT A STATE OR FEDERAL COURT?

The U.S. Bankruptcy Court is part of the federal judiciary. Each of the 94 federal judicial districts handles bankruptcy matters, and in almost all districts, bankruptcy cases are filed in the bankruptcy court. Bankruptcy cases cannot be filed in state court.