| Home > Utah Bankruptcy |
Utah Bankruptcy
Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of Utah.
If you are not looking for information regarding Utah, please use the links on the right to find information for your state.
- Court - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling/Debtor Education Agencies
- Utah Attorneys
- Other Bankruptcy Utah Resources
Utah Bankruptcy Courts - Location & Contact Information
Following is the address and telephone number for the Utah bankruptcy court:
U.S. Bankruptcy Court
Frank E. Moss U.S. Courthouse
350 South Main Street, #301
Salt Lake City, UT 84101
(801) 524-6687
Utah Bankruptcy Laws and Exemptions
Utah Exemptions
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.
For Utah bankruptcy filings, state exemptions are used.
Following are common state exemptions in Utah:
Homestead |
$20,000 for property that is primary residence ($40,000 if jointly owned); $5,000 for property that is not primary residence ($10,000 if jointly owned) |
Automobile |
$2,500 for one motor vehicle |
Other Property |
100% of burial plots; health aids; one each of washer and dryer, refrigerator, freezer, stove, microwave oven, and sewing machine; all carpets in use, provisions sufficient for 12 months; wearing apparel, not including jewelry and furs, and beds and bedding |
Contact a Utah bankruptcy lawyer for more information regarding Utah bankruptcy exemptions.
Utah Means Test
The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:
1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here.
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results ofForm 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation.
Utah Credit Counseling & Debtor Education Agencies
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in Utah must:
1. take a credit counseling course from an approved Utah credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved Utah debtor education agency prior to receiving a bankruptcy discharge.
Utah Personal Bankruptcy Attorneys
To find Utah bankruptcy lawyers in your area, you may want to contact your local county bar association or the Utah State Bar Association:
Utah State Bar
645 South 200 East
Salt Lake City, UT 84111
(801) 531-9077
Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Utah State Bar's pro bono resources page for a list of organizations that provide legal services to low income clients in Utah.
If you are concerned about the representation provided to you by a Utah bankruptcy attorney, visit the Utah State Bar's FAQ about the process of lawyer discipline.
Return to Top
Resources for Utah Bankruptcy Laws
U.S. Bankruptcy Court for the District of Utah - administrative and procedural information for Utah bankruptcy filings
Office of the U.S. Trustee for Region 19 - oversees the administration of Utah personal bankruptcy cases and case trustees
Utah State Bar Association - information about the Utah bar, membership, ethics, continuing legal education, and resources for the public.
       
|
