Am I Eligible To File Bankruptcy In Utah?
Know the types of bankruptcy and their eligibility requirements
Before we confirm whether or not your claim will be eligible for bankruptcy in Utah, we will sit down and go over your individual needs to determine which kind of bankruptcy is best for you. Both Chapter 7
and Chapter 13
have different requirements and allow for different kinds of debt to be discharged. Below are the essentials questions to determine eligibility for each type.:
Utah Chapter 7 Eligibility
- Is your family's income over the median income for size?
- Have you filed Chapter 7 bankruptcy anytime over the last 8 years?
- Have you filed a Chapter 13 bankruptcy in the past 6 years?
If the answer to any of these questions is “yes,” then you may not be able to file chapter 7.
Utah Chapter 13 Eligibility
- Do you have some sort of income to show, regardless if it is above or below the median income level?
- Do you have less than $419,275 in unsecured debt?
- Do you have less than $1,257,850 in secured debt.
- If you previously filed Chapter 7, was it more than 4 years ago? (If less than 4 years, it may still be possible to file Chapter 13 in some cases)
- If you previously filed Chapter 13 bankruptcy, was it more than 2 years ago?
If the answer to all of these questions is “yes” then you are clear to file a chapter 13.
These are just some questions to answer regarding the basics – you may still be better off filing Chapter 13 even if you do qualify for Chapter 7, and the other way around. When we go over your own personal detailed needs, we will discuss your options and find the absolute best possible solution for you when filing in the Salt Lake City bankruptcy courts.
Utah Bankruptcy Clinic
699 E. South Temple, Suite 201F
Salt Lake City, UT 84102