Utah Bankruptcy Legal Questions

All the references to the 30 day period in the debt validation section of the FDCPA refer to the amount of time you have to demand debt validation. The collection agency has as long as they want to respond, but must cease all other contact and collection activity until they send you validation. What is required for debt validation for FDCPA purposesis vague in the statutes and most courts have held a low standard for this. For FDCPA purposes, courts have held to a low standard and only require that the identifying information is correct and there is an amount owed. Some also require a showing of at least some payment history. The FDCPA does not require contracts or signatures. However, some states have stricter requirements for the time to respond and proof required for validation. I know Utah does not have any additional requirements. Also note that because a collection agency has enough information to validate a debt does not mean that it is enough if they sue you and you respond to the lawsuit. Then a contract will probably be required. If you think that your rights under the FDCPA have been violated or are being sued for a debt you don't owe, then you should seek the advice of an attorney.... Read Answer

If it goes to auction the lender will sue for you for any losses. This could be disastrous because the auction could bring a price much lower than you could sell the vehicle for. Be careful. You might need to consider bankruptcy if you have other financial problems. But, please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.... Read Answer

If you believe that you owe the debt, the best option is to contact the creditor and explain your situation. They might be willing to work with you and allow you to make smaller payment over a period of time. If you believe you do not owe the debt, you need to dispute the debt. In either case they cannot freeze your bank account or garnish your wages until they court judgment against you. It is important to respond to any court summons you need. Depending on the size of the debt, you may want to hire an attorney to help you.... Read Answer

A same day loan company can sue you if you agreed to the terms of the contract and the law as it existed at the time the contract was made allowed for those terms. You also need to be aware that some same day loans actually come from financial institution located outside of the state and those laws may control, not the state where the loan was acquired. You should review your loan agreement and contact an attorney.... Read Answer

We have a lot of problems with banks either doing what they're supposed to or not doing what they're supposed to. In my experience, some banks 'freeze' a bank account after garnishment - which they're not supposed to do under Nevada Law and would result in some unhappy guy yelling at me on the phone. Sometimes, we would issue process and they'd refuse to turn it over (thinking California Law is my best guess), until I threaten sanctions by the court in Nevada. So why is really within the bank's internal processes. Usually you'd need to speak to a bank manager. And honestly, you may need to pay an attorney a little money to go yell at them. Don't be surprised if they won't listen to you. Attorneys have a hard enough time getting compliance with a court order and reading it aloud to the bank manager. Disclaimer: this is not all banks, and not all branches. Some are very courteous, prompt, and compliant.... Read Answer

The answer depends on whether the repossessing creditor still has the vehicle or has sold it. In bankruptcy you can "redeem" the item securing the loan by paying in full the amount it is worth. This option might not be available if the loan was made within the last 910 days prior to your filing bankruptcy. You can also possibly "reaffirm" the debt where your attorney may be able to negotiate a "modification" of the terms of the purchase.... Read Answer

A voluntary repossession does not remove your liability on the monies owed the creditor. They have a right to collect the amount you owe that the sale of the car at auction did not cover. There are protections that the state of florida provides against garnishment, and it would be best to speak with an attorney who could outline your options and either stop the garnishment or negotiate a favorable resolution for the debt you owe.... Read Answer

If you don't want to worry about your creditors garnishing your wages (when you have them) and seeking to seize funds in your bank accounts, etc., then bankruptcy is an option you should consider.  There are many factors that weigh in one's decision to file a bankruptcy case.  You should have a consultation with an experienced bankruptcy attorney in your area to help you assess the costs and benefits in your situation. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. CONTACT MARK for more information or to schedule an appointment. ... Read Answer

The best thing is to probably just file for bankruptcy, which will automatically stay the civil credit card case. Also, you should file a Declaration of Exempt Income in the civil case regarding your disability income so if they do get a judgment against you before you can get your bankruptcy filed, they can't swoop down on your bank account and clear it out of your disability monies.... Read Answer

If you are current in your rental payments, and if you continue to pay on time as agreed in the rental agreement throughout your bankruptcy, and if, you are not in violation of any other term of the rental agreement, your landlord would not be able to evict you from the premises simply because you filed bankruptcy.... Read Answer

Yes, you are liable to the bank. The credit union accepted the first check on the agreement that if it was bad they could look to you to make it good. This is usually done by charging your account as they did. Whether you thought the check was good or not does not affect the rights of the credit union.... Read Answer

Whether you would "lose" any property in bankruptcy depends on a number of different factors including (but not limited to) the following: 1. Whether you are current with the payments to creditors secured by the property (if you are not current with the payments, or proposing a plan in a Chapter 13 or Chapter 11 case to cure arrearages, then they can foreclose regardless of whether you file bankruptcy or not; 2.  If there's any equity in the property and, if so, what exemptions you have available under applicable state or federal law to protect that equity.  (Based on your facts, it looks like Utah's exemption laws would apply assuming you have lived there for more than 2 years. If less than that, it could be elsewhere. 3.  Which bankruptcy chapter you file (assets are not sold in either Chapter 11 or 13, unless you choose to sell them).   Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read Answer

Yes, an illegal immigrant can file for bankruptcy.  There are many considerations, however.  You should speak to an immigration and/or a bankruptcy attorney before proceeding as this may have ramifications outside of your financial difficulties.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

I'm not sure what a "DOS" or an "ORS" is, but the answer to your question lies in the laws of your state and you should address them to a family law attorney there.   This is not really a bankruptcy question.  If you have a domestic support obligation it must not only be stated to the Trustee, but disclosed on your bankruptcy papers.   If you don't, then you don't have to list it. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read Answer

The easiest and by far the best way is to contact a bankruptcy attorney for a consultation, then hire them (or another bankruptcy attorney that you like better).  They will take care of everything necessary to comply with the court rules and procedures. As far as finding out who your creditors are, that is your responsibility, although most bankruptcy attorney will pull a credit report for you.  Credit reports, however, are not that accurate and don't necessarily show all of your creditors.  Not to worry though.  As long as you make a good faith effort to find out the names/addresses and amounts, if your Chapter 7 case is a "no-asset" case (meaning all your assets are exempt) then even if you fail to list a creditor, you will be discharged from having to repay them. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr  ... Read Answer

The inheritance is only property of the bankruptcy estate if your brother became entitled to it within 180 days after his case was filed.  However, if he filed a Chapter 13 or Chapter 11 case and it is still pending, then the additional income may need to be turned over to the Trustee.  You need to consult with a bankruptcy attorney in your area about that. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

Your idea is sound.  You can take a small loan on the car, use the proceeds of the loan to pay your attorney and filing fees. You would then have to reaffirm that debt, in order to keep the car. If you have more than $200.00 in the bank, the Bankruptcy trustee will take the rest.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Lawhttp://massachusettslawyeronline.com/ 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147  ... Read Answer

You need to find out how your name is on the card.  just the fact of adding a name to a card doesn't make you responsible, it only means you are authorized to use the card.  Did you sign documents stating you are responsible, giving your social security number? One way to find out is to pull your credit report, if the debt is on your report then you will have to pay, if not you are most likely not responsible. Call the bank the card is from and ask if you are an authorized user or if the card is under your name, making you responsible.  If they say you are responsible, ask for documentation you signed stating you accepted responsibility.... Read Answer