Written by the Upsolve Team.
Updated September 30, 2020
Ogden, Utah has a population of more than 85,000 people. The unemployment rate in the city has gradually declined in the last few months, which is a good sign for the economy. However, Ogden, Utah has a high poverty rate of 21.4%, which is higher compared to other cities in Utah. This is one of the main reasons why residents of the city consider filing bankruptcy in Ogden. There are different types of bankruptcy relief available. However, the two most common types for individuals filing bankruptcy in Ogden are Chapter 7 and Chapter 13 proceedings.
Which chapter of Ogden Bankruptcy is right for you? Your assets, income, and financial circumstances will determine which chapter of bankruptcy is more suitable for you. Chapter 7 bankruptcy in Ogden is what most individuals think of when they consider bankruptcy. Chapter 7 bankruptcy allows you a “fresh start” without the financial burden of making payments to the Court.You can't discharge certain debts in a Chapter 7 bankruptcy in Ogden, like alimony, child support, and certain taxes. On the other hand, under a Chapter 13 bankruptcy in Ogden, you will propose repayment plan of 3-5 years to the creditors, offering to repay all or part of your debts from your future income.
Filing Chapter 7 bankruptcy in Ogden has a few benefits. Firstly, you will have immediate protection against the collection efforts of creditors. Secondly, the wages you earn after your Ogden bankruptcy filing date are yours to keep; neither your creditors nor the Bankruptcy Court get any part of it. And more importantly, your debts will be discharged in about 3 - 6 months, allowing you to move on with your life.
Let’s discuss some of the common misconceptions people have about Ogden bankruptcy. One of the most common misconceptions in Ogden bankruptcy cases is that people think it ruins their credit for 10 years. Another myth that Ogden residents have is that after filing bankruptcy in Ogden they won’t be able to get credit again. These are myths because they’re wrong; you can begin to rebuild your credit immediately after your discharge is entered. Some people still believe that they need to pay a fortune just to find out about bankruptcy protection. In fact, most lawyers offer free initial consultations and you can getfree legal help.
Ogden Bankruptcy Lawyers - Estimated Cost
When it comes to filing bankruptcy in Ogden, you may benefit from hiring an experienced and competent bankruptcy lawyer. During your free bankruptcy consultation, an experienced bankruptcy professional will review your financial situation with you and then help you determine whether Chapter 7 or Chapter 13 bankruptcy is the best way to resolve your financial issues. Alawyer can help you fill out all the paperwork and gather all the necessary documents. If your case is simple, you can easily file for bankruptcy on your own. The cost of a bankruptcy lawyer varies from $595 to $1,200 for a Chapter 7 bankruptcy in Ogden. The cost will vary depending on various factors, such as the experience of your attorney, and the complexity of your case.
How to File Bankruptcy in Ogden, Utah for Free
Many people in Ogden don’t have the financial resources to hire a bankruptcy lawyer. Are you wondering how to file bankruptcy in Ogden for free? If that’s the case, this valuable City Guide will help you through the bankruptcy filing process, to assist you overcome your financial troubles as soon as possible. Follow these simple steps if you are considering filing bankruptcy in Ogden.
Collect Your Ogden Bankruptcy Documents
Proper documentation is crucial when filing bankruptcy in Ogden. To start the Ogden bankruptcy process, you should itemize all your current income sources. This includes your monthly living expenses, major financial transactions for the past two years, debts (both secured and unsecured), and assets (all your property and possessions, not merely real property). Utah bankruptcy documents usually include your bank statements, student loan records, paycheck stubs, and your tax returns. Also, collect your deeds to any real property that you own (like land or your home), your vehicle titles, and the documents for any loans you might have. These documents will reflect your true financial situation. Being organized will help you in completing your Ogden bankruptcy forms efficiently. Are you planning to file Chapter 7 bankruptcy in Ogden with the help of an attorney? Then make sure you bring copies of your Ogden bankruptcy documents to the initial consultation to speed up the process.
Take Credit Counseling
To qualify for either Chapter 7 or Chapter 13 bankruptcy, you will have to show that you have received credit counseling in the 6-month period before filing bankruptcy in Ogden. You should receive this counseling from an agency that is approved by the U.S. Trustee in Utah. You can complete the course quickly within ninety minutes either over the phone or online. This credit counseling course costs between $10 and $50. Upon completion of the counseling course, a certificate is issued, which you must file with the Court. You will find a comprehensive list of all approved credit counseling agencies for Ogden bankruptcy cases on the U.S. Trustee’s website. Local Rule 1007-1(d) outlines requirements and procedures for people who may be exempt from the credit counseling requirement. An approved credit counselor for folks filing bankruptcy in Ogden is Access Counseling.
Complete the Bankruptcy Forms
When you file for Chapter 7 bankruptcy in Ogden, you will have to complete a bankruptcy petition, several schedules that contain in-depth information about your finances, and numerous other forms, which include a form called the “means test.” Some of the Ogden bankruptcy forms are:
Also, make sure you check out the Utah Bankruptcy Court’s page for people filing without an attorney. The page has helpful information on how to use the forms. Get the official Court forms to make sure your Ogden bankruptcy proceedings go smoothly. Some of the mistakes that Ogden residents make when filing bankruptcy in Ogden is not filling out the forms correctly. For example, a fairly common mistake that people make on the Means Test is that they use the wrong household size.
Get Your Filing Fee
Note that there are several fees that you will pay when you are filing bankruptcy in Ogden.
The total Court fee for filing a Chapter 7 bankruptcy in Ogden is $335. The filing fee includes the following:
Court Filing fee
You may qualify for a fee waiver in some cases. If the Court waives your fee, you don’t have to pay it when filing bankruptcy in Ogden. However, if you’re not eligible for a full fee waiver and are having a difficult time saving up money, you can ask the Court for permission to pay your fee in installments after filing your case.
Print Your Bankruptcy Forms
Keep in mind that when filing bankruptcy in Ogden without a lawyer, you can’t file your forms electronically. When you have updated all your information on the Ogden bankruptcy forms, you have to submit them to the Court in paper. Don’t have access to a printer at home or at work? No worries! You can easily find a local print shop in Ogden and may be able to print documents at your local library for a small fee. You should provide complete, accurate, and up to date information when filing bankruptcy in Ogden to avoid any penalties. Don’t print the copy for the Court double-sided; the clerk's office won’t accept that. And make sure you are printing all your bankruptcy documents at the same time to ensure you have the same information in your version as the version that you provided to the Court.
Go to Court to File Your Forms
There are several documents and forms that you have to give the Court at the time you file. You can file additional forms and documents within fourteen days after you file your Ogden bankruptcy case, but it’s strongly recommended that you file them at the same time you file the case. Finding the right Court is important. You have to visit the Frank E. Moss United States Courthouse in Salt Lake City to file your documents and forms. You could also mail all your paperwork to the Court if traveling to the courthouse is too much of a burden. However, keep in mind that filing bankruptcy in Ogden takes careful preparation and visiting the Court in person gives you the chance to confirm that you have submitted everything properly. If you’re going to the Court, keep in mind that you will need to pass through security on your way in and this can take some time, so plan accordingly.
Mail Documents to Your Trustee
Upon filing a Chapter 7 bankruptcy in Ogden, the Court will take control of all your debts as well as any property that is not covered by exemptions. A bankruptcy Trustee will be appointed to your case by the Court. Note that the Chapter 7 bankruptcy Trustee is charged with many responsibilities, such as ensuring that all your paperwork is accurate. The Trustee will thoroughly review all your paperwork, especially the property that you own and the exemptions you are using to protect it. So, make sure you send your Ogden bankruptcy Trustee all the documents that will confirm the information you have given in your paperwork, like your pay stubs and tax returns. Also, keep an eye out for a letter from your Trustee after filing bankruptcy in Ogden, in case they have a specific list of documents they want you to provide to their office.
Take Bankruptcy Course 2
The next class you will have to take for your Chapter 7 bankruptcy in Ogden is the financial management class. You can only take this class after your bankruptcy case is filed. This is because you will need Ogden bankruptcy case number for the course. You have at least a couple of months after your case is filed to complete this course. So, while you don’t have to worry about it right away, make sure not to forget about it either! You can’t get your discharge without it! This financial management class is mandatory, and you or your lawyer will have to submit a completion certificate to the Court before your discharge order can be entered by the Court. This course is intended to teach people who are filing bankruptcy in Ogden some tools to manage their finances responsibly. There are many approved debtor education providers in Utah, but only one of them is located in Utah. Access Counseling is an approved debtor education provider and has the best rates.
Attend Your 341 Meeting
Approximately one month after filing bankruptcy in Ogden, your Trustee holds the first meeting of creditors, and you must attend it. This case proceeding is also known as the 341 meeting because it’s named after the section of the Bankruptcy Code that makes the meeting mandatory for everyone filing bankruptcy in Ogden or elsewhere. The Trustee’s job is to manage the case and determine if there are any unprotected assets to sell in order to pay your creditors. This meeting usually lasts about five to ten minutes. Make sure you arewell prepared for this meeting by reviewing your Ogden bankruptcy forms and supporting documents beforehand and remember to bring your picture ID and original social security card.
Dealing with Your Car
Utah’s motor vehicle exemption often plays a vital role in determining whether your bankruptcy Trustee can take your car to repay your unsecured creditors. In most cases, you won’t lose your car during your Ogden bankruptcy case, provided your equity (market value of the vehicle minus any debt associated with the vehicle) in the vehicle is less than the available exemption. Utah allows married couples to double their motor vehicle exemption and protect as much as $10,000 in equity. In a Chapter 7 bankruptcy in Ogden, you have the option to enter into a reaffirmation agreement with your vehicle lender if you are current on your car payments and would like to keep everything the same.
Utah Bankruptcy Means Test, Bankruptcy Forms, and Exemptions for Ogden
Utah Means Test
If you want to file a Chapter 7 bankruptcy in Ogden, you must pass the Utah bankruptcy Means Test. This test applies to all filers. So, if your income is lower than the Utah median for your household size, you pass the Means Test and may file a Chapter 7. If your income is higher than the median household income for a household of the same size, then you will have to complete the second part of the Utah bankruptcy Means Test calculation. Your household income is determined by averaging the monthly income over the past 6 calendar months. Find out about theChapter 7 income limits to make sure you are filing bankruptcy in Ogden under the right chapter.
Median Income Levels for Utah
Utah Median Income Standards for Means Test for Cases Filed On or After May 1, 2020
|Household Size||Monthly Income||Annual Income|
Poverty Levels for Utah
Utah Fee Waiver Eligibility for Cases Filed On or After May 1, 2020
Eligible for fee waiver when under 150% the poverty level.
|Household Size||State Poverty Level||Fee Waiver Limit (150% PL)|
Utah Bankruptcy Forms
The Utah bankruptcy forms are a combination of official national forms and a few local forms that are created specifically for use within the district you file in. For a comprehensive overview of the forms you will need, check out the Utah guide for bankruptcy forms. Complete all these Utah bankruptcy forms when you are filing bankruptcy in Ogden. The forms are all available for free online.
Utah bankruptcy exemptions help protect at least some of your property and in most bankruptcy cases actually protect all of the debtor’s property. Individuals keep exempt property when they file a Chapter 7 case. TheUtah bankruptcy exemptions determine the property you can protect from your creditors when you are filing bankruptcy in Ogden. Although you will not be able to use the federal bankruptcy exemptions in Utah, you may be able to use any of these federal non-bankruptcy exemptions, if they apply to you. Utah periodically updates these exemption amounts and at times adds new exemptions. You can find the most current laws by visiting the Utah Code.