Do you qualify for Chapter 7 bankruptcy in Utah?
To qualify for relief under chapter 7 of the Bankruptcy Code, you may be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b).
Subject to the Chapter 7 Statement of Your Current Monthly Income, relief is available under chapter 7 irrespective of the amount of the of your debts or whether you are solvent or insolvent.
An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to your willful failure to appear before the court or comply with orders of the court, or if you voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e).
In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111.
There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.
Chapter 7 Bankruptcy can bring a great deal of relief for the constant pressure of bill collectors especially during the current COVID-19 crisis.
Do you qualify? Contact the Law Offices of Dale H Boam P.C. at 801-815-2547 to discuss your current situation.
Law Offices of Dale H Boam PC 