Law Office of
Douglas L. Barrett,
LLC

1149 W. Center Street
Orem, UT 84057

LOOKING FOR A FRESH FINANCIAL START?

Call Our Utah Chapter 7 HOTLINE:

(801) 221-9911

Provo / Orem Utah Law Firm Helping Good People In Bad Situations Get A Fresh Financial Start
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AVOID THE NEWEST DEBT COLLECTOR SCAM:

Do not believe it when a debt collector tells you that you can no longer file for bankruptcy, this is just the newest scare tactic used by unscrupulous debt collectors. You may have heard about a new bankruptcy law passed by Congress that went into effect in October 2005. While it is true that the new law makes the process more complicated, the basic right to file bankruptcy and most of the benefits derived from it remain unchanged for most consumers In fact we have found that the vast majority of our clients can still file for Chapter 7 bankruptcy protection.

Bankruptcy relief is still available!

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DID YOU KNOW...

  • Bankruptcy filings in Utah increased 47 percent in 2008 compared to 2007.  

  • Financial experts say that a combination of foreclosures, medical bills and lost jobs are likely to blame.

  • Statewide, 9,256 bankruptcies were filed in 2008, a significant jump from the previous year's 6,284, according to year-end numbers provided by the U.S. Bankruptcy Court for the District of Utah.

  • Go to www.dlblaw.com for more bankruptcy information.

     

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    WHAT IS CHAPTER 7 BANKRUPTCY?

    The Bankruptcy Code is divided into chapters. The chapters which almost always apply to consumer debtors are chapter 7, known as a "straight bankruptcy", and chapter 13, which involves an affordable plan of repayment.

    An important feature applicable to all types of bankruptcy filings is the automatic stay. The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and debt collection harassment. It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan. In most circumstances, creditors cannot take any further action against the debtor or the property without permission from the bankruptcy court.

    In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor's assets to determine if there are any assets not protected by available "exemptions". Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property. For example, exemption laws allows a debtor to protect a certain amount of equity in the debtor's residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property. If there is any non-exempt property, it is the Trustee's job to sell it and to distribute the proceeds among the unsecured creditors. Although a liquidation case can rarely help with secured debt (the secured creditor still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearages.

    However, certain types of unsecured debt are allowed special treatment and cannot be discharged. These include student loans, alimony, child support, criminal fines, and some taxes.

    This is a simple and speedy proceeding and may be more economical than cases filed under the other bankruptcy chapters. In most cases, post petition income belongs to the debtor. To a limited extent, liens may be voided or a debtor may save encumbered property by paying off the value of the collateral only and not the full amount of the unpaid debts.

    More information on the diffrent types of bankruptcy including free videos about how bankruptcy works can now be found at www.dlblaw.com

    FREE CREDIT REPORTS

    When you retain the Law Office of Douglas Barrett, LLC, to file your bankruptcy case, we will obtain your credit reports at no additional charge!
    The Law Office of Douglas L. Barrett, LLC is designated as a Federal Debt Relief Agency by an Act of Congress and the President of the United States.  We are proud to assist good people in bad situations file for protection under the U.S. Bankruptcy Code.

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