Wednesday, 31 January 2018

Lawyer to File Bankruptcy

Lawyer to File Bankruptcy

The most fascinating part of my work as a bankruptcy lawyer is the first call. After speaking with what seems like countless people who are looking into the option of bankruptcy, I have found that some have tears, all are frustrated and stressed, and a surprising number apologize to me for their emotions. They apologize for the tears and frustration because they think that they are alone in their situation, and feel as if failure is knocking on their door. They have become overwhelmed with debt collectors, pressure to support their family, the inability to find work, medical bills, and the list goes on. My prayer to these people is to stop stressing, stop worrying, and let themselves find relief. Many of our clients enter our office for the first visit timidly, with a sense of insecurity or embarrassment. They are often misinformed about bankruptcy. I have seen this frustration as clients have hidden behind our floral arrangement or buried their face in their hands. I am always amazed to see the complete change in the walk and disposition of our clients after they finish meeting with the attorney. The hope in their eyes is easy to see. Even if bankruptcy isn’t the right fit for you, we will be able to review your options and help you on your way to a more successful future. You will never leave our office feeling as if you have just wasted your time. If we cannot take your case, we will refer you to someone better suited to help you.

When you decide to file with us, you will find that we are not only here to provide relief, but also support. We will walk you through the process. We have experienced paralegals and attorneys that will guide you through the bankruptcy paperwork. They will help you make sure everything is complete and correct, and answer your questions. The decision to file bankruptcy is difficult, but the relief it provides is worth the effort. Bankruptcy was put into place by our government to provide that new beginning. My favorite part of working with those filing for bankruptcy is the newly found hope that they receive. After all the agony caused by financial struggles, they receive a fresh start.

Do I Need A Lawyer To File Bankruptcy?

If your financial struggle is causing you to consider filing for bankruptcy, you might be wondering if you must hire a lawyer to represent you.

The Risks

While technically there is no requirement to hire a lawyer.

It is important to recognize that the rules governing bankruptcy, called the Bankruptcy Code, are extremely complicated. A bankruptcy petition listing your assets, debts and other pertinent information is at least 35 pages long (and often longer). Errors in the petition could result in a dismissed (or unsuccessful) case or even loss of property you thought you would otherwise keep. It’s also important that all the information is prepared properly and accurately, because information perceived as misleading could land you in jail for fraud or perjury.

Qualifications

Attorneys go to school for several years to obtain a Juris doctorate degree. With their J.D. behind them, they take on the challenge of their state’s bar exam – if they pass, they are licensed to practice law in that particular state. However, since bankruptcy laws are written by the U.S. Congress, lawyers also need to familiarize themselves with the federal bankruptcy code specifically, which isn’t generally a focus on the bar exam. But even once all of these obstacles have been overcome, it’s important to remember that not all lawyers are the same – experience and focus in bankruptcy matters tremendously.

Our Recommendation

Although it’s not technically required, it’s most definitely prudent to hire a bankruptcy attorney who is extremely knowledgeable and experienced to assist you along the way. A relatively small expense earns you years of legal experience and the understanding of the bankruptcy code. Do some investigation about the attorneys you are considering working with. Are there complaints about them on government or review websites? You can also check county court records to see if the lawyer has ever been arrested or charged with a crime. One of the best resources for finding a trusted lawyer is simply ask your friends and family members if they know someone who can help you. But ultimately you’ll want to meet whoever you are considering working with to ensure they are knowledge, trustworthy and considerate of your goals.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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When you need a Mediator and a Lawyer

Thе role оf a divоrсе mеdiаtоr iѕ to hеlр you аnd уоur spouse reach аn аgrееmеnt. Tо perform that rоlе еffесtivеlу, thе mеdiаtоr hаѕ tо be completely indереndеnt.  Thе mеdiаtоr dоеѕ nоt rерrеѕеnt you or your spouse. The mеdiаtоr iѕ nеutrаl. Because I am a mediation lawyer, I understand this process better than most.

During thе mеdiаtiоn рrосеѕѕ, thе mediator focuses on what уоu and your ѕроuѕе each need аnd wаnt. Thе mеdiаtоr will hеlр уоu brаinѕtоrm creative options fоr rеѕоlving уоur iѕѕuеѕ with уоur ѕроuѕе jointly, аmiсаblу, аnd in a wау that satisfies as mаnу оf bоth оf уоur nееdѕ and wаntѕ as роѕѕiblе. The mеdiаtоr iѕ аlѕо nоt a judgе.  A mеdiаtоr does not, and саnnоt, fоrсе уоu аnd уоur ѕроuѕе to agree оn аnуthing.  He/she can оnlу wоrk with уоu and уоur ѕроuѕе tо trу tо hеlр уоu аnd уоur ѕроuѕе find соmmоn grоund аnd settle уоur issues.

When you need a Mediator and a Lawyer

Once you аnd уоur spouse reach аn аgrееmеnt, the mеdiаtоr writes up thаt аgrееmеnt intо a document thаt is trаditiоnаllу саllеd “A Memorandum оf Understanding” оr a “Mеdiаtеd Sеttlеmеnt Agreement” or “stipulation.” Yоu can thеn take that document to уоur lаwуеr аnd have it made a part оf thе finаl divorce dосumеntѕ in уоur саѕе. Thе Mеdiаtеd Sеttlеmеnt Agrееmеnt is only оnе оf thе documents you nееd in your divоrсе.  It is аlѕо thе оnlу document thаt thе mediator will write fоr уоu. All of уоur other dосumеntѕ muѕt bе written by a lawyer.

Thе Rоlе Оf A Lаwуеr

The rоlе оf a lаwуеr in the divоrсе mеdiаtiоn рrосеѕѕ iѕ to bе уоur educator and уоur аdvосаtе.  Unlike a mеdiаtоr, уоur lаwуеr is not nеutrаl оr independent.  Yоur lаwуеr represents уоu.

Tурiсаllу, lаwуеrѕ dо nоt attend mеdiаtiоn ѕеѕѕiоnѕ with уоu.  Thе оnlу ones whо аrе in thе mеdiаtiоn ѕеѕѕiоnѕ аrе nоrmаllу you, your ѕроuѕе, аnd the mediator. Thаt iѕ why it iѕ so important thаt уоu mееt with уоur lаwуеr bеfоrе the mеdiаtiоn асtuаllу bеginѕ ѕо your lawyer can hеlр уоu undеrѕtаnd hоw thе lаw works, аnd what уоur rightѕ аnd rеѕроnѕibilitiеѕ аrе in уоur divоrсе.

Yоur lаwуеr will advise you аbоut thе lаw аnd will help уоu tо undеrѕtаnd whаt thе lаw rеԛuirеѕ in уоur саѕе. Your lаwуеr will mаkе ѕurе уоu undеrѕtаnd the kind оf result thаt уоu might hаvе if you tооk your саѕе tо соurt. Of course, whеn уоu gо tо соurt, thеrе are no guarantees about whаt will асtuаllу hарреn. But, аt lеаѕt thе lawyer will givе уоu hiѕ/hеr best opinion about hоw thingѕ might unfоld.

Your lawyer will аlѕо help you identify уоur оbjесtivеѕ for mеdiаtiоn.  S/he will help уоu figurе оut what уоu want tо achieve, аnd аlѕо mаkе a рlаn ѕо that уоu саn rеасh a ѕеttlеmеnt that gеtѕ уоu as muсh оf whаt уоu wаnt аnd nееd as possible. If mediation iѕ not ѕuссеѕѕful, уоur lаwуеr can still соntinuе to rерrеѕеnt уоu in соurt.  Ultimately, ѕinсе mоѕt divorce саѕеѕ ѕеttlе before triаl, your lаwуеr will very likеlу try tо negotiate a ѕеttlеmеnt fоr уоu at ѕоmе роint.  If уоur саѕе doesn’t ѕеttlе, then уоur lаwуеr will trу уоur саѕе.

Free Consultation with Mediation Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Tuesday, 30 January 2018

Land Encroachment

I get asked lots of questions as a real estate lawyer. One recently was: What is an Encroachment?

Generally, no person has the right to build any structure on his own land so that part of the structure, no matter how small, encroaches or extends onto the land of another. If one person’s property extends beyond his boundaries and encroaches on the adjoining land of another, this is an encroachment of land. It doesn’t matter whether the encroachment is above or below the surface of the land. A Utah encroachment attorney can help you determine whether something is an encroachment.

Land Encroachment

The consequences of encroachment of land can range from simple nuisances, like tree branches hanging over your neighbor’s land, to being sued for actual damages or removal of the encroachment. Depending on whether the injury to the land is permanent or temporary, damage amounts and remedies can vary. Property law is complicated. The laws and regulations governing encroachment of land issues vary by state, and your rights and obligations can differ depending upon the municipality. A good encroachment lawyer in Utah can help advise you of those rights and duties.

For example, when a client is purchasing a house or other real estate, title searches and surveys will be obtained and reviewed to see if any encroachments exist regarding the property. The disclosure of the existence of an encroachment may result in a transaction being cancelled or a lender refusing to approve a mortgage.

Healthcare Proxy

Utah law provides that a person can sign a Health Care Proxy and appoint another person to make health care decisions in the event they become unable to make decisions for themself.  Utah health care proxy lawyers are familiar with Article 29-C of the Utah Public Health Law (“PHL”) which contains the provisions regarding Health Care Proxies.  This statute is entitled “Health Care Agents and Proxies” and begins with Section 2980 of the PHL.

Section 2981 of the PHL provides that an adult who is competent can appoint someone as his health care agent by using a Health Care Proxy that he signs and dates which is witnessed in the presence of two witnesses who are adults who also need to sign the proxy.  An example of a form of Health Care Proxy is contained in the statute.

Your agent can be given the broad ability to make most any health care decision for you or you can limit the agent’s authority by specifying the types of decisions you would like the agent to make on your behalf.  Section 2982 of the PHL provides that when an agent is making decisions the agent must act in accordance with the principal’s wishes which includes their moral and religious beliefs or, if not known, in accordance with their best interests.

Wills and Probate Court

Probate is the process by which a person’s last will is validated by the Court.  When a person dies, the Last Will is filed with the Court.  The probate proceeding involves the preparation and presentation to the Court of various papers and notice to the decedent’s next of kin. These individuals are called distributees. Wills and probate court can be very complex, and a Utah wills and probate lawyer may be helpful to assist you.

The initial papers filed with the Surrogate’s Court are usually the Probate Petition, the Last Will and the decedent’s death certificate.  The probate petition must contain very specific information regarding the decedent and the distributees.  Sometimes there may be a need for preliminary Court filings.  For instance, if the decedent died at home and the police department was called and the home was sealed, the Court can issue an order allowing a person to search the home to look for a possible Last Will. If a Will is found, it can be filed with the Court and the probate process can be started.  Also, sometimes a person is withholding a Last Will and refuses to file it with the Court for the probate process to begin.  When this occurs a petition can be filed with the Court to force the person to appear in Court and produce and file the Will.  On the Court date the Court can direct that the Will be produced for probate.

In most instances, the probate proceedings are straight forward and the Last Will is admitted to probate or validated by the Court. The Court will then generally appoint an Executor who can administer the estate and distribute the estate assets according to the Will provisions.

Occasionally, the validity of the Last Will may be contested or the Court may determine on its own that certain formalities or aspects of the Last Will presented to it prevent the Court from admitting it to probate. A wills and probate lawyer can help Utah residents understand this process. There are numerous procedures that can be involved with determining the validity of a Will.  One common process is provided by the Utah Surrogate’s Court Procedure Act Section 1404.  This statute allows certain persons who are interested in the estate to obtain information and pre-trial testimony regarding the preparation and the execution of the Will.  Testimony can be obtained from the attorney who drafted the Will and the witnesses who signed the Will when it was executed by the decedent.  If there appears to be valid problems regarding the Will, objections can be filed and there can be a trial of the Will Contest.

Since the decedent is no longer alive to tell or explain his or her desires, it is up to the Court to make sure that the Last Will filed with the Court is a valid document expressing the decedent’s wishes. Wills and probate Court protect the decedent’s estate plan.

Free Consultation with Real Estate Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Drug Paraphernalia Defense

Many college students and young adults who are just entering the workforce are arrested for drug possession and drug paraphernalia charges. Any drug charge can result in a criminal conviction and hurt your ability to get the job you want or go to the college or post-graduate program of your choice.

Drug Paraphernalia Defense

A drug conviction can cause a wide range of collateral consequences that you may not have even considered. I’ve seen a lot over the years as a drug paraphernalia lawyer. What if you get a divorce? Will your drug conviction be used against you in a child custody dispute? What if you decide to run for political office, become a corrections officer or become a commercial truck driver? How will a drug conviction affect your options and your future?

Get The Vigorous Defense You Deserve

In Utah, the possession of drug paraphernalia is typically a Class B misdemeanor, which carries a maximum penalty of up to six months in jail. Frequently, drug paraphernalia charges are accompanied by charges for drug possession or possession with intent to distribute.

How We Handle Drug Paraphernalia Charges

For starters, the state has to prove that the paraphernalia was yours. In many drug paraphernalia cases, the defendant was arrested because he or she was in the presence of friends who had drug paraphernalia. Guilt by association is not enough; the prosecution must prove beyond a reasonable doubt that the paraphernalia was yours.

In addition, the prosecution must prove that the item was intended for use with drugs. If you had rolling papers for cigarettes or other items intended for a legal use, you are not guilty of drug paraphernalia charges. We will challenge every aspect of the prosecution’s case to seek the best possible result for you.

Inappropriate Friending!

A North Texas juror who was booted from a trial has been cited for contempt after trying to “friend” the defendant on Facebook. Court records show 22-year-old Jonathan Hudson on July 19 was removed from the jury in a Tarrant County civil case. The trial, over a 2008 car wreck, proceeded with 11 jurors.

Hudson last week pleaded guilty to four counts of contempt and has been ordered to serve two days of community service Texas recently added specific language to jury instructions that bans jurors from discussing the case on social networking sites. Hudson had received those instructions.

The Fort Worth Star-Telegram reported that Hudson’s attorney Steve Gordon says his client “made a silly mistake.” “I’ve never seen this before,” prosecutor Chris Ponder “But I’m afraid this is a new reality as the technology is so ubiquitous that we’ll have these types of things occur.”

Facebook and other social media sites have opened up a new world of law. We all have to be careful and make proper discussions regardless of our communication in real life or social media world.

Parenting plan may play important role in child custody decisions

As divorcing Utah residents move through each stage of their legal proceedings, they may feel a sense of relief that they are one step closer to finalizing the process. However, some areas may be more difficult to work through than others, and when it comes time to make child custody decisions, parents may feel particularly on edge. Though they certainly want to do what is best for their children, they likely also want to ensure that they still have the ability to see their kids often.

Because the decisions made during these proceedings can impact individuals’ lives for a considerable amount of time, parties may want to pay particular attention to their custody terms and the parenting plans they create. In order to create an effective plan, parties may want to consider their current circumstances and how those circumstances could change in the future. By thinking ahead, individuals may avoid finding themselves trying to make plans work that no longer suit their needs.

Of course, it can be difficult to determine what needs may come about in the future. Some situations that may be worth considering are how each parent should handle future extracurricular activities and school events. Parents may also wish to include certain terms regarding communication in order to know the best ways to discuss any issues that may arise concerning their kids.

Parenting when both parents are on good terms can be difficult, and when the parents are going through divorce, it may seem even more challenging. Because child custody proceedings can seem contentious, Utah residents may want to focus on their children’s needs and their best options for meeting those needs. If parents are concerned about how to come to the best custody and parenting plan terms, they may wish to discuss their circumstances with their legal counsel.

Free Consultation with a Drug Paraphernalia Defense Lawyer

When you need help on a drug paraphernalia charge in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Monday, 29 January 2018

Asset Protection from Medical Bills

Asset Protection from Medical Bills

In a new and ironic twist, a growing number of individuals are now legally protecting themselves from their doctors. The idea may be surprising, but with rapidly disappearing health coverage, medical expenses are now a realistic and high probability threat to the lifetime savings of millions of Americans.  As an asset protection lawyer, I was surprised at first, but then I saw something. Just as physicians have been diligent about planning to minimize their malpractice liability risks, now patients are anticipating and protecting themselves against the serious financial consequences of unforeseen medical expenses.

No one doubts that there’s a monumental crisis in health care coverage. Forty-five million Americans have no medical insurance and even those with group or private policies are sometimes stuck with unexpected and un-payable bills. Higher deductibles and co-pays can easily balloon out-of-pocket costs beyond anything anticipated. Even those who think they have solid insurance, in a good plan, may find out, when it’s too late, that their coverage means a lot less than they thought.  Every day we hear stories from clients and the news about insurers refusing payment during or after treatment.  In a recent CBS News report about one of the nation’s largest insurers, Richard Blumenthal, Connecticut Attorney General, declared that “The company [Assurant Health] offers the illusion of coverage while challenging any large claim.” In the report, a former claims adjuster revealed that it was company policy to scrutinize any significant claim, often manufacturing excuses to avoid payment. Unfortunately, despite a few notable fines and lawsuit settlements, these hardball tactics appear to be the normal course of business for at least some insurers.

When Patients Can’t Pay

What happens when a large medical bill can’t be paid?  Usually the outcome is a lawsuit filed by the hospital or collection agency with a judgment and a lien filed against the patient’s home and accounts. In most states, a percentage of the debtor’s employment earnings can be garnished. Generally, before this point is reached, the patient files a personal bankruptcy to stop the wage garnishment and wipe out the medical bills and other accumulated debts. But that requires that he give up all of his assets including savings accounts, real estate and equity in his home.  These assets, except those that are specifically exempt, are turned over to the Court and divided among the creditors.

According to a 2005 study by Harvard University, about half of the 1.5 million annual bankruptcy filings are caused by illness and medical bills. And surprisingly, three fourths of those had health insurance at the start of the illness which triggered the filing. “Unless you’re Bill Gates, you’re just one serious illness away from bankruptcy”, said Dr. David Himmelstein, the study’s lead author and an associate professor of medicine. “Most of the medically bankrupt were average Americans who happened to get sick.”

How Patients Protect Themselves

The high level of financial risk posed by an unpredictable medical event is now leading patients to take steps to protect their savings from this threat. For instance, I met with Mr. and Mrs. X last week, a couple in their early 50s. They have about $300,000 of equity in their home and $200,000 in savings. Mr. X is self-employed and Mrs. X works for a small company. Both are covered under her group plan, but, with rising costs, the company might cut back or terminate the plan sometime soon. Individual policies may be available at that point but the cost and extent of the coverage is unknown.  The goal of their planning is to protect their savings from large, unexpected bills at any point in the future.  Asset protection, using techniques such as a Family Savings Trust can effectively shield savings from these events, but the planning must be completed before the fact. If bills have been incurred, or expenses loom, planning is too late at that point.

How to protect your assets from unexpected medical bills and claims

Of course the real solution to the problem is for everyone to have affordable insurance which covers any health care costs. However, it’s almost impossible to imagine a scenario in which competing financial and political interests are able to agree and implement a worthwhile plan, at least for the foreseeable future. For now, many believe that their only reasonable choice is asset protection to minimize these risks.  Early planning and advice from a knowledgeable local attorney are essential to the success of these measures.

Free Consultation with Asset Protection Lawyer

When you are ready to protect your assets, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Probate a Will

Because I am a probate lawyer, I’ve often asked about how to probate a will.

Probate is the procedure by which a person’s Will is given validity by the Court.  The probate Utah State process can be complex. A formal petition, the original Will, witness affidavits and proper notice to family members and others are among the papers required in the Utah State probate process.

Probate a Will

Probate of a Last Will occurs in the Surrogate’s Court.  For the most part, there is a Surrogate’s Court located in each county in Utah such as the Queens Surrogate’s Court, Kings Surrogate’s Court and Utah Surrogate’s Court.

The Utah Probate Process is guided by two primary sources of law.  One is the Estates, Powers and Trusts Law (“EPTL”) and the other is the Surrogate’s Court Procedure Act (“SCPA”).  These statutes, along with various Court decisions and rules, provide the basis for probating a Utah Will.  When a person dies without a Last Will, such a situation results in an Intestate Estate.  The statutes provide different procedures in these cases, as a state probate lawyer in Utah can explain.  Whether an estate is subject to probate or intestate administration proceedings, the Surrogate’s Court requires that it be provided with all detailed information regarding a decedent including names and addresses of next of kin (“distributees”) and assets.

It may not always be easy to provide complete information as to a person’s next of kin.  In many instances, where the only surviving relatives are cousins or more distant relations, such person’s whereabouts and family connection to the decedent can be hard to find and to prove.  Relatives might be scattered throughout many states or countries and they may not have had any contact with the decedent for decades, if at all.  These issues are often resolved in Kinship Hearings.  These hearings require that the Court be provided with the testimony of disinterested persons and certified records such as birth, death and marriage certificates all of which are needed to demonstrate kinship to the decedent.

The vast majority of Probate cases do not involve Estate Litigation such as Will Contests or persons contesting a Will.  However, these types of controversies do arise on occasion and require extensive involvement by Utah Probate Lawyers to resolve. In the case of a Will Contest, SCPA Section 1404 provides an aggrieved party the opportunity to examine documents relating to the preparation of the Last Will and to take the testimony of the attorney who drafted the Will and the Attesting Witnesses, even before any formal objections to the Will are filed.

Buy-Sell Agreements

It is important for small business owners to consider the consequences and retain a lawyer if one of the owners dies or becomes incapacitated. Such events may jeopardize the continued management or operation of the business. Additionally, the economic effect on the surviving or continuing owners, as well as the family of the departing owner, needs to be taken into account by a Utah City business lawyer.

Buy-sell agreements between business owners in Utah City and elsewhere are designed to resolve these types of situations. Simply stated, these agreements provide procedures whereby one owner or the business itself can purchase the interest of the departing owner. As a result, the operation of the business is not interrupted and the departing owner or his or her family can obtain a payment for his or her interest in the business. Such a payment may not be available in an open market.

Free Consultation with a Probate Lawyer

If you are here, you probably have a probate or estate issue you need help with. If you do, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Sunday, 28 January 2018

Bankruptcy Fast Facts

Bankruptcy Fast Facts

Bankruptcy is often considered a sort of dirty word; some nefarious thing to be avoided at all costs. I’ll try in this post to share with you some information I’ve learned over many years as a bankruptcy attorney. We’ll also try to unravel some of those myths—and replace them with the facts.

Despite its bad rap—often encouraged by creditors to keep you in the debt cycle—bankruptcy can be a powerful tool to help you move beyond the “paycheck to paycheck” lifestyle and get a fresh start. In fact, unlike many programs that creditors have designed to ensure that they can keep recovering payments from consumers, bankruptcy is a federal program. It was written into law specifically to assist those who, despite their hard work and best efforts, have experienced misfortune due to a lost job, medical catastrophe, or other event that results in an inability to pay their bills.

Bankruptcy can help you regain sound financial footing after a turbulent time.

Will My Chapter 13 Payment Change With My Income?

Chapter 13 bankruptcy runs over a significant length of time: 3 to 5 years. The terms of the repayment plan is tied to the debtor’s income and expenses. That raises one of the most common questions people have about Chapter 13 bankruptcy: since your income and/or your expenses might change significantly during the life of the plan, how does that change affect the plan? Can your payments be adjusted?

Chapter 13 Basics

First some basics on how Chapter 13 works. Chapter 13 bankruptcy is known as “the wage earner’s plan.” It allows people with a regular income to develop a plan for repaying a portion of their debt over a period of three to five years, depending upon monthly income.

Who is Eligible?

You can file under Chapter 13 as long as you have:

  • Unsecured debts less than $336,900
  • Secured debts less than $1,010,650

There is no minimum debt requirement for filing under Chapter 13. Self-employed or those operating an unincorporated business can also file Chapter 13 to reorganize debts associated with their business.

Three-Year versus Five-Year Plans

Whether you end up with a three-year or five-year plan is a function of your income. If your income is above the median, your Chapter 13 plan must run for five years with expenses determined by IRS collection standards. If your income is at or below the median, you’re eligible for a three-year-plan with payments determined by actual expenses versus IRS guidelines.

Options for Dealing with Changed Income and/or Expenses

Chapter 13 bankruptcy offers two basic ways to deal with changed financial circumstances Modification of the plan’s payment schedule to keep the plan workable. Plan modifications often involve reducing the monthly payments in light of reduced income and/or increased expenses.

A “hardship discharge” is the other option, and occurs when the changed circumstances prevent the debtor from completing the plan. Not surprisingly, the law restricts hardship discharges to a limited set of circumstances. It’s only available when all three of the following circumstances are met:

  • The circumstances preventing the debtor from completing the plan’s payments are beyond the debtor’s control
  • Creditors have received at least as much money as they would have received under Chapter 7 where nonexempt assets are liquidated
  • The problem can’t be solved by merely modifying the plan

As soon as you anticipate changes to your income or expenses you should contact your attorney to discuss the potential of making changes to your plan. Not all plans can be modified, and if that’s the case it may be dismissed (unsuccessfully closed).

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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