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Keeping Your Home Through a Bankruptcy

I am often asked the following question by clients filing bankruptcy; “If I file a chapter 7 bankruptcy can I keep my home?”  The answer depends on the response to two questions; (1) is your mortgage current and (2) how much equity exists in your home.  If your mortgage is current then you are not at risk of losing your home to the mortgage holder through a default and foreclosure process.  If you have less than the allowed amount (i.e., your equity is less than the amount that can be exempted in a bankruptcy) of equity in a chapter 7 bankruptcy then you are not at risk of the bankruptcy court taking your home.  So if the client responds with, “I am current on my mortgage and I do
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Judge vs. Commissioner in a Divorce

A lot of clients ask me what the difference between and commissioner and a judge is in a divorce proceeding.  The answer is very simple; a judge typically does not see the parties in a divorce until they are at a final proceeding or a trial. Judges have the power and authority to enter orders that are permanent in nature.  Commissioners, on the other hand, deal with the parties before the parties present their arguments before a judge.  Commissioners hear arguments on different issues and then enter orders that are temporary in nature.  Commissioners have power and authority to enter orders but their orders remain in place only until the parties agree otherwise or until a judge enters a
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Alimony After Divorce

Next to child custody, alimony is the most hotly contested issue within a divorce. Child support is paid for the benefit of the children, while divorce alimony is paid for the benefit of the ex-spouse (no wonder it is highly contested, who wants to give their ex-spouse money?). Calculating child support in Utah is easy, both parties verify their incomes to the court through pay stubs and tax returns and then those verified numbers are plugged into a calculator. The calculator tells the obligated party exactly how much he/she has to pay in child support each month. Alimony payments, on the other hand, are not that clear cut! Alimony in Utah is very subjective, there is not a calculator or oth
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What debts can be included in a Chapter 7 Bankruptcy

One of the most frequently asked questions regarding bankruptcy is, “what debts can be included in a chapter 7 bankruptcy.” For some reason there is a misconception amongst the general public that certain debts cannot be included in a chapter 7 bankruptcy. For example, a lot of people believe that you cannot include credit card debt in a chapter 7 bankruptcy? Also, several people have stated that they did not think a judgment could be included in a chapter 7 bankruptcy? As I previously stated, these are misconceptions and are not true. You can include credit card debt in a chapter 7 bankruptcy regardless of the amount and regardless of how old the credit card debt is. Likewise, in most c
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What debts can Not be Included in a Chapter 7 Bankrutpcy

As previously stated, the majority of all debts can be included in a bankruptcy. However, there are a few specific debts that cannot be included in a bankruptcy. Once you know what debts cannot be included and the reason why they cannot be included, you’ll begin to better understand the protections and benefits that the bankruptcy code offers all of us. The following is a list and explanation of why these particular debts cannot be bankrupted in a chapter 7 bankruptcy: Child Support - It should be obvious why you cannot include child support obligations in a chapter 7 bankruptcy. If you are a parent, you are responsible to care for your children physical, emotionally, mentally and financia
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Do I have to Pay child Support after a Divorce

One of the most frequently asked questions is; do I have to pay child support and if so, how much?  These are both valid questions and, for the most part, are issues in any divorce whether it is simple or complex.Child support; If in the divorce you are considered the non-custodial parent and you are employed, you will most likely be ordered to pay child support.  The question then becomes how much?  Determining the amount of child support you will be ordered to pay is simple.  The court requires that you and the other party provide it with pay stubs and tax returns to verify what your actual income is.  These verified numbers are taken to a state created calculator and are used by this
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