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Chapter 13 Bankruptcy in Utah
Chapter 13 bankruptcy is most beneficial to individuals facing a home foreclosure or vehicle repossession. Individuals who file Chapter 13 rather than Chapter 7 bankruptcy want to repay the debt they currently owe but need the protection of bankruptcy in order to do so. In a Chapter 13 bankruptcy secured creditors are paid 100% of what they are owed, plus interest. Unsecured priority creditors (tax debt, child support, alimony, etc.) are paid 100% of what they are owed with no interest. General unsecured creditors are typically paid only a fraction of what they are owed. The Utah bankruptcy attorneys at LeBaron & Jensen, P.C. are available to help you file Chapter 13 and start repaying your debt with a payment schedule. You may want to consider filing Chapter 13 if any of the following financial situations apply to you:
- You wish to repay your debts but you need extra time or protection from debt collectors in order to do so.
- You are behind on a mortgage or car loan and need extra time to make up payments and continue making regularly scheduled payments during bankruptcy.
- You want to leave the option of filing Chapter 7 in the future.
- You are a farmer who does not qualify for Chapter 12 bankruptcy.
- You have assets that will not be exempt in Chapter 7 bankruptcy.
- You are over the median income on the means test.
Requirements for Filing Chapter 13 Bankruptcy
- You are not a business entity. Only individuals can file Chapter 13 bankruptcy. A business entity may qualify for Chapter 11 bankruptcy.
- There is no previous bankruptcy preventing you from filing a Chapter 13 bankruptcy.
- You have not filed and been voluntarily dismissed another bankruptcy case within the previous 180 days.
- You have completed credit counseling within 180 days prior to filing.
- Your debts are less than the Chapter 13 cap as set by the United States Department of Justice.
- You have filed federal and state income tax returns
- The payment plan proposed repays all debts including unsecured debts, secured debts, and other secured debts
- You are able to repay a certain amount to unsecured creditors
- Your income is sufficient to pay the remaining debt payments according to the payment plan
Call LeBaron & Jensen, P.C. to file Chapter 13 bankruptcy in Utah at (801) 773-9488 in Layton.
Bankruptcy Exemptions
Bankruptcy laws are complex and in many cases, these laws allow for exemption of certain assets from being liquidated. The bankruptcy attorneys at LeBaron & Jensen, P.C. can help you protect qualifying assets throughout your bankruptcy.
The following assets are eligible for exemption in Utah bankruptcy:
- Your home (Utah limit $30,000.00 per debtor)
- Your car (Utah limit $3,000.00 per debtor)
- Household goods (limited)
- Retirement assets including 401k, profit sharing, stock bonus plans, IRA’s, deferred compensation plans, etc. (100% protected)
Call the bankruptcy attorneys at LeBaron & Jensen, P.C. to protect your assets at (801) 773-9488 in Layton.
Non-Dischargeable Debt
When you file bankruptcy, most of your debts will be discharged, meaning you are released from all personal liability for the debts. This means that the creditor may no longer contact you to collect debt because you are no longer obligated to pay. Some debts, however, will not qualify to be discharged. Usually non-dischargeable debts involve money owed to the government or money used for marital or child obligations.
Non-Dischargeable Debts Include:
- Income Tax
- Student Loans
- Child Support and Alimony
- Marital Debts
- Intentional Torts
- Debt incurred as the result of a malicious or intentional act
- Operating Vehicle while Intoxicated
- Recent Credit Purchases/Cash Advances
- These include luxury goods or services over $600 to a single creditor within 90 days of bankruptcy
- Cash advances over $750 within 70 days of filing bankruptcy
- Fines & Citations
- Any fines or citations resulting from violating the law, such as DUI fines, tickets, etc.
- Debt Incurred by Fraud
- Debt Arising Out of the Intentional Destruction of Property
During your initial consultation, our bankruptcy attorneys will help you understand which of your debts are dischargeable and which are not. Call LeBaron & Jensen, P.C. to discuss your non-discharging debt today at (801) 773-9488 in Layton.
Credit Counseling
Credit counseling is a requirement that must be fulfilled within the 180 days prior to filing your bankruptcy. The credit counseling course must be taken from an approved credit counseling agency either in person, over the phone, or online. The certificate of completion is required to be filed with the bankruptcy court when you bankruptcy case is initially filed.
What you can expect from credit counseling:
- Evaluation of current personal financial situation
- Discussion of alternatives to bankruptcy
- Creating a personal budget plan
- Your session will last approximately 60-90 minutes
- This can take place in person, over the phone, or online
The fee for credit counseling is generally around $50 per couple or $25 per person, although it may vary depending on the location and credit counseling agency. This fee can be waived by the agency if you are unable to pay, although you should receive a waiver prior to the counseling session. After the counseling session you should receive a certificate of completion to file with the bankruptcy court. Call LeBaron & Jensen, P.C. for credit counseling agencies in Utah at (801) 773-9488 in Layton.
Contact LeBaron & Jensen, P.C. today to learn about to rebuild your credit after bankruptcy at (801) 773-9488 in Layton.
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We’re a talented group of attorneys interested in helping our clients get a fair settlement for their Personal Injury Cases.
Our clients are grateful for support and compensations we have helped them receive!
The attorney's at LeBaron & Jensen share a will to win, but not at your expense. They're caring, transparent and competent attorney's with a strong work ethic. I've enjoyed working with Chase Adams who helped settle a dispute. He proved to be resourceful, diligent, thoughtful and responsive. Personality is as important as the attorney's skill set and experience. Chase Adams will take his time to make sure your expectations are in line with your needs. A settlement is always better than negotiating or fighting with difficult to read Pleadings. What is Chase's strategy? To get great results and stay out of court. But if your case warrants court, Chase Adams is comfortable in front of a judge and at the settlement table. You'll enjoy the effort that the attorney's with LeBaron & Jensen will make to minimize your expense and maximize value.
Darrell C.
- Lebaron & Jensen gets the job done! A fabulous firm that effectively gets to the heart of the matter and represents you the way it should be done - as an experienced and successful advocate! They are communicators and always keep you "in the know"!Positive: Professionalism, Quality, Responsiveness, Value
John C.
- LeBaron & Jensen are awesome to work with, they answered all our questions and helped steer us in the direction to best extinguish our situation quick and cost effective I would highly recommend them.Positive: Professionalism, Quality, Responsiveness, Value
Kory D.
I had a great experience with LeBaron & Jensen P.C. They kept in contact with me throughout the entire process, and were extremely informative and explained anything I didn’t understand about the proceedings of the case. I would highly recommend LeBaron & Jensen to anyone seeking Legal representation. I was driving westbound on Highway 193 in Clearfield Utah, when I came to the intersection of 1000 East and Highway 193. I noticed that a firetruck was travelling east towards the intersection with its emergency lights on, all traffic around me, including myself, slowed to a stop to allow the firetruck an unimpeded path to travel. However, I noticed the Jeep behind me wasn’t slowing down. There wasn’t anything I could do to avoid the collision, so I just braced for impact. Although I was wearing my seatbelt, I still suffered many injuries to my neck, shoulders, back, and arms. About a month after the accident I finally sought medical help for my injuries. I underwent many years of treatment for my accident-related injuries, including a carpel tunnel surgery and 2 rhyzotomy procedures, x-rays, MRIs causing me to incur over $60,000 in medical expenses. I decided I should seek legal help with my case, as I knew there was no way I could pay my medical expenses on my own. The legal team at LeBaron & Jensen were exceptional. They were able to negotiate with my health insurance and medical providers, lowering costs where they could. When all my legal and medical fees were paid, I was left with over $79,000. This money will help me pay for the future treatment that I will have to receive to try and help alleviate my future pain and suffering. I’m grateful for LeBaron & Jensen P.C. and everyone there who helped with my case! I thank them every day for the patience and persistence it took to see this through to a beneficial end.
Lora B.
- LeBaron & Jensen did a great job for me, kept me informed throughout the process, and helped make sure that my case went smoothly. I would absolutely recommend them to anyone who needs responsive, compassionate, and helpful lawyers who care about their clients”.Positive: Professionalism, Quality, Responsiveness, Value
Paul B.
LeBaron & Jensen did a great job for me, kept me informed throughout the process, and helped make sure that I got the compensation I needed. I would absolutely recommend them to anyone who is suffering after an accident like mine. I was driving eastbound on Highway 193, a four-lane highway in Layton, Utah. I came to a stop at the two-way intersection of Highway 193 and North Hills Drive. The other driver failed to yield to my right-of-way and proceeded southbound through the intersection, I wasn’t able to stop fast enough, and I T-boned the other vehicle at a high speed. The impact of the crash was so severe that it triggered my vehicle’s airbags. The severity of the crash caused many serious and extensive injuries to my neck, back, shoulders, and head. Thankfully, I was restrained by my seatbelt, which prevented any worse injuries. I had to receive treatment for over a year and a half following the accident, including surgery on one of my shoulders. I was faced with $76,000 in medical bills. I knew I needed help, so I contacted LeBaron & Jensen P.C. Their attorneys worked diligently and negotiated with my insurance providers. After paying all my medical and legal fees, I was still able to pocket $51,000 to compensate for the pain, and suffering I endured because of the accident.
Ted D.
In January of 2014, my husband was involved in a terrible accident. He was driving on highway 89 in Wellsville, UT, when another driver ran a stop sign and pulled out in front of him. He tried to swerve out of the way, but he wasn’t able to avoid hitting the other vehicle. The resulting impact was so severe that even though he was wearing a seatbelt, he was violently thrown around in the cab of his truck and, as a result, hit his head on the windshield. This caused many injuries to his shoulders, back, and neck. My husband also suffered massive bruising and internal damage, and that’s not even the full extent of the injuries he suffered. He had to receive extensive treatments, including several shoulder surgeries, to try and help alleviate the pain he suffered because of the accident. Even after he underwent all those treatments he was still left in immense pain, and to top it all off, he was diagnosed with cancer in July of 2016. He decided to put off treatment for his shoulders to try and focus on his cancer treatments. He passed away in October of 2017. LeBaron & Jensen were there fighting for us through it all. They were able to get a settlement that covered all of Robert’s accident-related medical bills and all the required legal fees and additional money for his pain and suffering as a result of the accident. I’m so grateful for LeBaron & Jensen and all their support for myself and my husband through the years.
Ruth B.
- Positive: Professionalism, Quality, Responsiveness
Abriam B.
- When I tried to get coverage from the other driver’s insurance, they denied it. They told me that they had canceled the policy only a few days before the accident. The attorneys at LeBaron & Jensen P.C. were able to force the other driver’s insurance to pay out her policy limits of $25k plus replacing my car. I even ended up with a little money to set aside, that was important because this accident left me permanently disabled. The LeBaron & Jensen team negotiated with my health insurance provider and my other health care providers to reduce the costs of my medical expenses. I am very thankful for their professional service, and hard work. I couldn’t have negotiated on my own, I needed every ounce of energy to recover.Positive: Professionalism, Quality, Responsiveness
JoNell R.
- Positive: Professionalism
Wallace H.
Contact LeBaron & Jensen Attorneys Today.
LeBaron & Jensen has decades of combined experience handling a variety of personal injury cases throughout the mountain states. We provide free, no-obligation consultations for a variety of personal injury claims.
LeBaron & Jensen, P.C.
1241 N Main St, Layton, UT 84041
Email: miles@lebaronjensen.com
Phone: 801.773.9488
