Utah Bankruptcy Legal Questions

If both bankruptcy and divorce are unavoidable, I usually find the divorce is better if completed before the bankruptcy.  Some time it works the other way around.  You will be well severed by finding a firm that does both, as the interrelationship of the divorce and the bankruptcy requires an understanding of both practice area.... Read Answer

You say you "chose not to include in my bankruptcy." When you file a petition for relief under the bankruptcy statute you are required to list every asset and every debt. If your attorney did his job correctly he listed your car as an asset on Schedule B, claimed the exemption on Schedule C, and listed the debt as a secured debt on Schedule D. Your debt was discharged. Unless you reaffirmed the car loan debt after filing your petition and before your discharge of debts you have no financial obligation to the lender. You don't say what kind of car you have or how old it is, but the bank may not want to bother to repossess it. I do not advise you drive with expired tags.... Read Answer

In general, you do not lose any assets in a Chapter 13.  The trade-off is that you must pay out to your creditors at least as much as they would get in a chapter 7 liquidation. However, if your house has mortgages against it and you fail to make the required mortgage payments, then the creditors can seek permission from the bankruptcy court to foreclose on the property. I hope this answers your question. 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