Filing Bankruptcy in Moab, Utah
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Written by the Upsolve Team.
Updated September 29, 2020
Are you having issues paying your bills in Moab? If you are in over your head with debt, then you are not alone. Many of life's circumstances and events can lead to unmanageable debt and financial crisis. These events include, but are not limited to, underemployment, unemployment, illnesses, the death of a family member, divorce, and unanticipated children. However, by filing bankruptcy in Moab, you can start anew. One of the reasons people consider Moab bankruptcy is the low median annual income of $48,448 in the city. When you’re not able to pay your mortgage and bills, filing bankruptcy in Moab can be an effective solution.
Filing bankruptcy in Moab eliminates most of your debts. In most cases, it keeps your creditors from making further collection attempts. Chapter 7 bankruptcy and Chapter 13 bankruptcy in Moab are two quite different legal options and have different potential upsides and downsides. Filing Chapter 7 bankruptcy in Moab is a legal option that will help you clear all or some of your debt. A benefit of Chapter 7 bankruptcy is that you can keep your future income. It also does not impose a limit on the amount of debt you may have. In contrast, Chapter 13 bankruptcy is often known as a reorganization bankruptcy. If you complete your Court-mandated repayment plan, then you can keep your property. If you are filing bankruptcy in Moab, you have to decide whether to file for bankruptcy protection under Chapter 7 or Chapter 13. If you qualify for Chapter 7 bankruptcy in Moab, your unsecured debts will be wiped out when the Bankruptcy Court enters your discharge.
Filing bankruptcy can be overwhelming, but the myths and misconceptions about filing bankruptcy in Moab and how it may affect your life are rampant. A common myth in Moab bankruptcy cases is that many people think that they make too much money to file bankruptcy. The truth is that almost anyone can file a Chapter 7 bankruptcy. And filing bankruptcy in Moab is not expensive. You should think of it as an investment as you will eliminate thousands in debt.
Actually, you can getfree legal help as well!
Moab Bankruptcy Lawyers - Estimated Cost
Everyone considering filing bankruptcy in Moab wants to know the cost of a bankruptcy lawyer. After all, bankruptcy often comes at a time when money is tight, and you are trying to save every penny. The Moab bankruptcy attorneys’ fees vary mainly based on the complexity of your case and the chapter you are filing under. Moab bankruptcy lawyer cost ranges from $595 to $1,200. Hiring a bankruptcylawyer is a good investment if your case is complex. You can file without an attorney, called “pro se” if you can’t afford an attorney or if you want to save money for your filing fee.
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How to File Bankruptcy in Moab, Utah for Free
“Can I file bankruptcy for free?” This is a very common question that people have. If you want to know how to file bankruptcy in Moab for free, you have come to the right place. Our City Guide aims to make the process as simple as possible. It will give you an overview of the Moab bankruptcy process to help you can get out of debt soon. Follow these simple steps and get debt-free.
Collect Your Moab Bankruptcy Documents
When you have decided that filing bankruptcy in Moab is your best option, it is time to collect your documents. You should gather all your basic financial information and documents before filling in the blanks. Whether you are filing Chapter 7 bankruptcy in Moab or Chapter 13, you’ll need to complete a large packet of bankruptcy forms to submit to the Bankruptcy Court. Helpful bankruptcy documents include your paycheck stubs, bank statements, student loan records, and credit card bills. Some legal documents that you will need when filing bankruptcy in Moab are your vehicle titles and tax returns for the past three years. You will also need your credit reportif you are filing Chapter 7 bankruptcy in Moab. Most of the information that you will need for filling out your Moab bankruptcy paperwork will be in these documents.
Take Credit Counseling
Individuals filing bankruptcy in Moab have to complete a course in credit counseling. You have to complete this course in the 6 months before filing. If you and your spouse are filing bankruptcy jointly, both of you will have to complete the course. Once you complete your credit counseling course, you will get a certificate of completion that you have to submit to the Moab Bankruptcy Court along with your bankruptcy petition. This course takes about 90 minutes and is available by phone, in person, or online. The pre-filing credit counseling certificate will expire six months from the date your credit counseling is completed. You will find a list of approved pre-bankruptcy credit counseling services on the U.S. Trustee website. Debt Consolidation Utah is an approved creditor counselor in Moab.
Complete the Bankruptcy Forms
Completing your official bankruptcy paperwork is very straightforward if you take your time and make sure you.follow the simple instructions that are provided on the top of each page. To file a Chapter 7 bankruptcy in Moab, you’ll have to complete several forms. You will find instructions in the left-hand column right next to each question. Before the Utah Bankruptcy Court discharges your debts, you will use these forms to disclose the details of your financial situation, such as your expenses, income, and property transactions. Also, make sure you check out the Utah District Bankruptcy Court’s page for people filing bankruptcy without an attorney if you are filing “pro se.” Fill out all your forms carefully to avoid common mistakes.
Get Your Filing Fee
This is the next step. Unless you qualify for a fee waiver, you will have to pay a filing fee to file Chapter 7 bankruptcy in Moab. The total Court fee for filing bankruptcy in Moab is currently $338. For filing Chapter 13, the fee is $313. You may qualify for a fee waiver in some cases; if you do, you will have to complete this fee waiver application. You can also ask the Bankruptcy Court to allow you to pay the filing fee in installments after filing your case, if you can’t arrange the money while your creditors are still collecting from you. You can pay the filing fee in cash or with a money order.
Print Your Bankruptcy Forms
Once your Moab bankruptcy forms are complete and you’ve worked out how you will pay your filing fee, it’s time to print your bankruptcy forms. Make sure that you’re only printing one-sided pages, as double-sided pages aren’t accepted. If you don’t have access to a printer at work or home you can go to a local print shop in Moab. If you have hired a lawyer for filing bankruptcy in Moab, they will file the case electronically for you. You can either mail the documents to the clerk's office or drop them off in person. It’s a good idea to keep a complete set for your personal records.
Go to Court to File Your Forms
When you head to the Bankruptcy Court for filing bankruptcy, it is important that you bring a government-issued picture ID with you. To save yourself both time and frustration, check in advance that you’re going to the correct courthouse with all the necessary documentation, such as your completed forms. You can go to the Frank E. Moss United States Courthouse for filing bankruptcy in Moab. The automatic stay will go into effect the moment you file your case, and your creditors will have to follow it even if the Bankruptcy Court has not yet mailed a notice of your Utah bankruptcy to anyone. For many filers, this news is a great relief after months or years spent worrying about their unpaid bills.
Mail Documents to Your Trustee
A couple of days after you go to the Bankruptcy Court to file your Chapter 7 bankruptcy in Moab, you will get a copy from the Court of the official notice that’s sent to all interested parties. The notice will inform you about the details of your Trustee, such as name and contact information.
Often your bankruptcy Trustee will require particular documents for your bankruptcy hearing and would like to review them in advance. You will have to send your Moab bankruptcy Trustee documents that will support the information you have provided in your paperwork, like pay stubs and tax returns. Cooperate with your Trustee to make sure your case goes smoothly.
Take Bankruptcy Course 2
After you file your Chapter 7 bankruptcy in Moab and before attending the 341 hearing, is the perfect time to complete your second bankruptcy course as mandated by Utah bankruptcy laws. The main purpose of this debtor education course is teaching you how to manage money prudently and use credit wisely after your Moab bankruptcy. There are many approved debtor education providers in Utah, but only one of them is located in Utah. If you do not complete your debtor education course within 60 days from the date of yourcreditors’ meeting, then the Court may close your Moab bankruptcy case without a discharge. So, don’t forget to take this course.
Attend Your 341 Meeting
Most filers only have to attend a single meeting when they are filing bankruptcy in Moab. This meeting is known as the Meeting of Creditors. As this meeting of creditors is outlined in 11 U.S.C. §341, bankruptcy attorneys typically call it the “341 meeting”. You should arrive about fifteen minutes before the scheduled time so that your bankruptcy attorney can meet you at the location and discuss your case. The meeting is conducted by your Moab bankruptcy Trustee. During the meeting, the Trustee will ask you some questions regarding your assets, income, and debts. If you were complete and honest in filling out your Utah bankruptcy forms, the meeting will likely go smoothly, as creditors rarely attend.
Dealing with Your Car
How to deal with their car is often a top concern for people filing bankruptcy in Moab. The answer will usually depend on whether you own the vehicle outright or are making payments on it. If you have a car loan, it’s a debt that you must include in your schedules. As it’s a secured debt, you will need to disclose your intentions with regard to what you would like to do with your car to the Bankruptcy Court. If you would like to surrender your car to the lender, your lender will file a motion with the Court, asking permission to retake your car. To keep the car, you may reaffirm your car loan, or redeem it by paying your creditor the amount the car is worth.
Utah Bankruptcy Means Test, Bankruptcy Forms, and Exemptions for Moab
Utah Means Test
The bankruptcy Means Test in Utah determines who may file for debt forgiveness under Chapter 7 bankruptcy. Everyone who wants to file a Chapter 7 bankruptcy in Moab has to be eligible for it by passing the Utah bankruptcy Means Test. You can find out easily by checking Chapter 7 income limits. If you are making more than the median Utah income, then you will have to complete the Utah Means Test. The Utah bankruptcy Means Test has two parts, and both are designed to see if you have any disposable income to put toward repaying your debt when filing bankruptcy in Moab.
Median Income Levels for Utah
Utah Median Income Standards for Means Test for Cases Filed In 2023 | ||
|---|---|---|
| Household Size | Monthly Income | Annual Income |
| 1 | $5,868.75 | $70,425.00 |
| 2 | $6,434.92 | $77,219.00 |
| 3 | $7,552.42 | $90,629.00 |
| 4 | $8,428.83 | $101,146.00 |
| 5 | $9,253.83 | $111,046.00 |
| 6 | $10,078.83 | $120,946.00 |
| 7 | $10,903.83 | $130,846.00 |
| 8 | $11,728.83 | $140,746.00 |
| 9 | $12,553.83 | $150,646.00 |
| 10 | $13,378.83 | $160,546.00 |
Poverty Levels for Utah
Utah Fee Waiver Eligibility for Cases Filed In 2023Eligible for fee waiver when under 150% the poverty level. | ||
|---|---|---|
| Household Size | State Poverty Level | Fee Waiver Limit (150% PL) |
| 1 | $1,132.50 | $1,698.75 |
| 2 | $1,525.83 | $2,288.75 |
| 3 | $1,919.17 | $2,878.75 |
| 4 | $2,312.50 | $3,468.75 |
| 5 | $2,705.83 | $4,058.75 |
| 6 | $3,099.17 | $4,648.75 |
| 7 | $3,492.50 | $5,238.75 |
| 8 | $3,885.83 | $5,828.75 |
| 9 | $4,279.17 | $6,418.75 |
| 10 | $4,672.50 | $7,008.75 |
Utah Bankruptcy Forms
The Utah Chapter 7 bankruptcy forms comprise both official national forms and some local forms that are created particularly for use within the district you file in. You will have to complete these Utah bankruptcy forms when filing bankruptcy in Moab. Check out the Utah guide for bankruptcy forms to get a comprehensive overview of the Moab bankruptcy forms you will need. This Unrepresented Debtor Packet has all the required forms that you need to file an individual Chapter 7 bankruptcy in Moab. It is available on the Court’s website for free. Make sure you provide updated and accurate information when completing these forms.
Utah Exemptions
When individuals or married couples file for Moab bankruptcy, they aren’t required to turn over all their assets to the Bankruptcy Court and creditors. People filing bankruptcy in Moab can keep a certain amount of property from the reach of their creditors. The assets you keep are called exempt property. The Utah bankruptcy exemptions determine the assets you can protect from your creditors when you are filing a Utah bankruptcy. Individuals in Moab usually keep exempt property when they file a Chapter 7 case. In Utah, you can’t choose the federal bankruptcy exemption list and have to use the State of Utah Bankruptcy Exemption List. The homestead is one of the most important exemptions for many Utah filers.
