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Edward Stone
Attorney at Law
Phone:
435.658.3366
Toll Free:
866.931.3111
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Family Homes
Please select from below for applicable statutes and explanations:
* This is by no means intended to be a complete description
of bankruptcy rights in the State of Utah. This page is
intended to give a litigant an idea of the bankruptcy process. A complete description
of rights can be found in the Utah Code and the US Code.
Do not rely on this page alone for guidance; consult with
an attorney. This page does not create an attorney-client
relationship.
Please contact Edward Stone for more information.
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What happens to a home in bankruptcy depends largely
on two elements: (1) the amount of equity in the
home; (2) whether the person filing wishes to keep
the home. The homestead exemption in the State
of Utah is $20,000 per person. In other words,
if the filing person has $20,000 or less equity in
their home (i.e. the difference between the value
and the amount owed on the home), then the person
can claim a homestead exemption and protect all of
the equity in the home. If the home is jointly
owned by a husband and wife and both parties file
for Chapter 7 bankruptcy, then each person can claim
the $20,000 exemption, or $40,000 total. As a
condition of claiming the homestead exemption, the
home must be a primary residence.
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What happens to your home in bankruptcy? That
depends on what you want to do with the home, how
much you owe, and home much the home is worth.
Utah provides for a $20,000 homestead exemption for
an individual, $40,000 for a married couple filing
jointly. In other words, a person can protect
at least $20,000 of equity in the home, perhaps
more.
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A stay is a requirement that creditors discontinue
efforts to collect from the debtor. The stay
includes suspending lawsuits, refraining from
sending collection letters, making phone calls,
There are considerable penalties that can be
assessed against creditors who violate stays.
The creditor has the opportunity to assert their
claims and ask the debtor questions in the
bankruptcy action.
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The stay remains in place until the bankruptcy is
discharged or until the bankruptcy court lifts the
stay. There are some limited circumstances in
which the stay does not apply.
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There are only two viable alternatives to filing
bankruptcy: (1) negotiate a global settlement or
(2) negotiate a payment plan with creditors. If
there is an opportunity to do so, then a negotiated
settlement is almost always the best alternative.
The reason is that negative credit history is easier
to eliminate a bankruptcy from a credit report.
A bankruptcy stays on a credit report for 10 years.
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Every lender will lend after a bankruptcy, however,
lenders have different underwriting guidelines as to
the minimum passage of time after discharge of the
bankruptcy. Most lenders require the passage
of 16-20 months after discharge before the lender
will consider the applicant.
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