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15 entries found. Viewing page 1 of 1.  
September 15, 2010
  Atlanta Republican Cadidate Says He Will not File for Bankruptcy
Posted By Stone Law Firm

In Atlanta, Republican candidate Nathan Deal recently addressed his financial issues that left him with $2 million in debt.  Despite his large amount of debt, Deal said he refuses to file for bankruptcy, such as Chapter 7 bankruptcy.

During an interview, Deal told a reporter, "I want to talk to you about the part that makes me real. That is the fact that I face the same challenges that most Georgians face, a downturn economy that has taken its toll on me and my family."

Deal said that he had invested $2 million in a sporting goods store that was launched by his daughter and son-in-law several years ago, but the store failed when the economy began to dwindle.  His daughter and son-in-law filed for bankruptcy and he said he was saddled with the responsibility of paying back $2 million in bank loans that financed the store for a total loss of $4 million.

Supposedly, Deal plans to repay the debt and will not take the bankruptcy route.  He Stated, "I'm going to make sure our obligations are met but I also want to tell you I think it's important for a governor to understand the pain that all Georgians are facing. My daughter and her husband and our family, we're not alone in this downturned economy."

Do you have plans to file for bankruptcy in Utah?  Contact the Stone Law Firm and speak with a Salt Lake City bankruptcy attorney.

Continue reading "Atlanta Republican Cadidate Says He Will not File for Bankruptcy" »

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August 19, 2010
  Giudices Spent Thousands After Filing for Bankruptcy
Posted By Stone Law Firm

This Monday, court documents revealed that days after filing for Chapter 7 bankruptcy last year, star of The Real Housewives of New Jersey Teresa Giudice spent $60,000 on high-end furniture.

At this time, Giudice and her husband Joe are in debt of $10.8 million.  Recently, they appeared in U.S. Bankruptcy Court to discuss the August 22nd auction of their personal belongings. However, the auction was delayed until October so every item's value could be re-evaluated.

Many people are shocked to learn that shortly after filing for bankruptcy, Giudice went on a huge shopping spree. She bought $45,000 worth of blogging, Mears, tables and chairs from high-end stores.

After court proceedings, Teresa refused to comment. 

While appearing on The View this month, Giudice she never lived beyond her means and only spent money that she thought she had.  She said that her husband never told her about their massive debt because he didn't want to worry her.

Planning to file for bankruptcy in Utah? Contact us to set up a consultation with the Salt Lake City bankruptcy lawyer.

Continue reading "Giudices Spent Thousands After Filing for Bankruptcy" »

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August 04, 2010
  Utah Bankruptcies on the Rise
Posted By Stone Law Firm

This week, it was announced that the number of consumer bankruptcies filed in the state of Utah has increased by 31% compared to 2009.  In the first six months of 2010, 8,942 people in Utah filed for Chapter 7 and Chapter 13 combined.  During the same period last year, that number was much less.

Experts who have been monitoring the numbers say that the ongoing housing slump, unemployment rate and consumer debt/over spending are to blame.  They also believe that some people may rush into filing for Chapter 7 and Chapter 13 bankruptcy instead of considering their alternatives.

An employee with AAA Fair Credit Counseling, Preston Cochrane, said, "bankruptcy is not always what people think it is, it's not an easy way out."  He also said that often times, filing for bankruptcy is an emotional decision.

If you are considering filing for bankruptcy in Utah and you would like to learn if this is your best option, now is the time to consult with a Salt Lake City bankruptcy attorney who can advise you.  Contact the Stone Law Firm now!

Continue reading "Utah Bankruptcies on the Rise" »

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July 28, 2010
  Required Bankruptcy Documentation
Posted By Stone Law Firm

When people file for Chapter 7 or Chapter 13 bankruptcy in Utah, they will be responsible for fulfilling paperwork production requirements.  These requirements are outlined by Section 521 (a)(1)(B) and in order to move forward with bankruptcy, people must produce the following documents:

§  An attorney certificate.  As required by Section 342(b) of the Code, people must have a certificate or attorney or a petition preparer that shows they were given information notice.

§  Monthly net income statement.

§  Proof of income.  People must submit specific proof of income, such as pay stubs, that were received 60 days before their bankruptcy petitions were filed.

§  Anticipated change of income.  A statement must disclose any expected changes in increased income or expenditures over a 12 month period following the filing of a bankruptcy petition. 

§  Educational IRA (individual retirement account).  This is filed with the court to record interests in an educational IRA.

If you have questions about what documents must be produced when you file for bankruptcy in Utah, contact the Stone Law Firm and speak with a Salt Lake City bankruptcy attorney.

Continue reading "Required Bankruptcy Documentation" »

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July 22, 2010
  Credit Counseling FAQ
Posted By Stone Law Firm

Before people can file for Chapter 7 bankruptcy  or Chapter 13 bankruptcy, they must complete credit counseling as it is mandatory requirement in the United States.  Below, our firm addresses some common questions people have about credit counseling:

What is credit counseling?
This is a form of financial counseling where people who are filing for bankruptcy meet with a qualified agent or individual that is approved of by the U.S. Trustee.  During the meeting, people's income, assets and debt are reviewed and they are provided with information related to debt management and the bankruptcy process.

When must credit counseling be completed?
People must complete credit counseling 180 days prior to filing for Chapter 7 or Chapter 13.  After people have completed credit counseling, they receive a certificate of completion as proof.

How long does it take?
Generally, a credit counseling session takes 60 to 90 minutes.

How much does it cost?
A typical credit counseling session costs around $50.00.

If you have questions about the bankruptcy process and steps you must take, contact our law office and schedule an appointment with a Salt Lake City bankruptcy lawyer from our firm.

Continue reading "Credit Counseling FAQ" »

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July 21, 2010
  Why Do People Choose to File for Chapter 7?
Posted By Stone Law Firm

Generally, people choose to file for Chapter 7 bankruptcy when they realize that they cannot keep up with their debt.  People who consider Chapter 7 usually know that they cannot afford to repay the debt that they owe over time as they would if filing for Chapter 13 bankruptcy.  They may also want to have their debt discharged, which means that all the balances they owe for unsecured debt would be eliminated.

When people are thinking about filing for Chapter 7, they may have long-term financial problems, multiple sources of debt or may be at risk for losing their homes.  People also tend to file for Chapter 7 when they become unemployed, divorced or suffer from an illness.

As you can see, there are several reasons why people may choose to file for Chapter 7 bankruptcy.  If some of these reasons apply to your situation or if you have differing reasons for considering Chapter 7 in Utah, why not take the time to speak with a Salt Lake City bankruptcy attorney?  This way, you will receive the information you need to make an educated decision.  Contact the Stone Law Firm now!

Continue reading "Why Do People Choose to File for Chapter 7?" »

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July 08, 2010
  At Home Means Test
Posted By Stone Law Firm

Anytime people plan to file for Chapter 7 in Utah or any other state, they will have to take the means test to determine if they meet bankruptcy eligibility requirements.  If you would like to know whether or not your means test result will allow you to file for Chapter 7 bankruptcy, subtract the following from your current monthly income:

§  any secured debt (car loans or mortgage payments) that are due over five years divided by 60

§  mortgage or vehicle arrearages that could be cured in a Chapter 13 plan divided by 60

§  prior debts (taxes, alimony, etc.) divided by 60

§  allowed expenses permitted by the IRS (defined in its financial analysis standards)

§  health insurance or health savings account payments

§  charitable donations (up to 15% of your income)

§  5% allowance for food and clothing (this will require court approval)

§  any costs incurred monthly while caring for a dependent (such as a disabled family member)

§  up to $1,500 annually for school expenses for a child under 18

§  utility costs

If your remaining income is below $100, you will have passed the means test and may be allowed to file for Chapter 7 bankruptcy in Utah.

For additional questions about Chapter 7 and the means test, speak with a Salt Lake City bankruptcy lawyerContact the Stone Law Firm now!

Continue reading "At Home Means Test" »

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July 07, 2010
  Bankruptcy and Borrowing Money against Your Home
Posted By Stone Law Firm

Are you planning to file for Chapter 7 or Chapter 13? If so, you should not borrow money against your home to pay off your debt or consolidate debt.  In the past, people thought this was a good idea, but it is not.

In 1999, the Homestead laws in Utah were amended and are now more or less in the favor of people who are in debt.  When people file for consumer bankruptcy in Utah and they own homes, the present exemption is $20,000 for a primary residence owned by an individual.  For couples, the exemption is $40,000. 

For this reason, it is more advantageous for homeowners to resolve their debt by filing for Chapter 13 or Chapter 7 in the state of Utah.  They can then claim their homes as exempt from bankruptcy and their equity in their homes may remain intact instead of being lost.  Also, by filing for bankruptcy instead of borrowing money against homes, people will avoid accruing additional debt.

If you have questions about your home and what will happen when you file for consumer bankruptcy, contact the Stone Law Firm and take a moment to talk with a Salt Lake City bankruptcy attorney

Continue reading "Bankruptcy and Borrowing Money against Your Home" »

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June 30, 2010
  Bankruptcy Automatic Stays Explained
Posted By Stone Law Firm

According to 11 U.S.C. 362, when a person files a bankruptcy case under any chapter of the Bankruptcy Code, it will trigger an injunction (stay) against the person's creditors.  This means that the creditors will not be allowed to continue any action against the person in debt or the person's property.

Essentially, once the automatic stay is in place, a certain amount of protection is extended to the person that is in debt.  Additionally, all of the debtor's assets and creditors have a chance to get on the same page so issues can be resolved by the bankruptcy court.

After an automatic stay has been issued in a bankruptcy case, whether chapter 7 or chapter 13, creditors will not be allowed to:

§  begin or continue lawsuits

§  make collection calls

§  conduct repossessions

§  commence foreclosure proceedings

§  garnish wages or issue levies

Automatic stays remain in effect until:  a judge lifts the stay per a creditor's request, the debtor's debts are discharged or the item of property is no longer property of the estate.

If you have additional questions about bankruptcy or automatic stays, contact the Stone Law Firm and schedule a consultation with a Salt Lake City bankruptcy attorney.

Continue reading "Bankruptcy Automatic Stays Explained" »

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June 03, 2010
  Having a Life after Bankruptcy Part Two
Posted By Stone Law Firm

Welcome to Part Two of Having a Life After Bankruptcy.  If you missed, be sure to check out Having a Life After Bankruptcy Part One.  After you have filed for bankruptcy, here are more rules to follow:

Number Four:  try to maintain continual employment.  This means keeping a steady job so that you have reliable income each month.

Number Five:  take control of your debt by meeting with a financial planner.  Speaking with a financial professional will provide you with strategies to repay your debt and also help you create a do-able budget.

Number Six:  review your credit report.  Sometimes, you will find that information is incorrect and when this happens, you should also file a dispute with the credit bureau.  False information can adversely impact your credit rating, which is something you must avoid after filing for bankruptcy.

By following these basic rules, you will regain control of your finances and life in no time.

If you are thinking about filing for bankruptcy in Salt Lake City, contact the Stone Law Firm to speak with a Salt Lake City bankruptcy attorney.

Continue reading "Having a Life after Bankruptcy Part Two" »

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June 02, 2010
  Having a Life after Bankruptcy Part One
Posted By Stone Law Firm

One of the many things that people do not fully understand before they file for Chapter 7 or Chapter 13 is that there really is life after bankruptcy.  In fact, Utah bankruptcy can present people with numerous advantages while giving them a chance to start over with a clean slate.  The key to having a life after bankruptcy is following a few basic rules:

Number One:  pay your bills on time, every month, without fail.  Doing this will help you rebuild your credit rating.

Number Two:  try to live within your means.  This means that you will have to make a firm commitment to avoid overspending and making purchases that constrain your finances.

Number Three:  make a tailored budget that is feasible and stick to it.  It will serve as your financial plan on a month-to-month basis, help you stay on track with your bills, reduce debt and regain financial control.

Be sure to read our next entry, Having a Life After Bankruptcy Part Two to learn more.  If you are thinking about filing for bankruptcy in Salt Lake City, contact the Stone Law Firm to speak with a Salt Lake City bankruptcy attorney.

Continue reading "Having a Life after Bankruptcy Part One" »

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May 27, 2010
  Will Filing for Bankruptcy Eliminate All Debts?
Posted By Stone Law Firm

If you are thinking about filing for bankruptcy in Salt Lake City, Utah, it is important that you know that not all of your debts will be discharged.  Generally, if you file for Chapter 7, you cannot eliminate the following:

1.  Debts that are owed to federal, state or local government agencies

2.  Debts that were not on your initial list of debts when you filed your bankruptcy paperwork

3.  Debts that are owed for child support or alimony

4.  Debts that are owed as part of a legal judgment

5.  Debts owed on student loans (these debts may be deferred due to financial hardship, but cannot be eliminated)

6.  Debts accumulated after bankruptcy

Filing for consumer bankruptcy in Utah?  If so, now is the time to schedule an initial consultation with a Salt Lake City bankruptcy lawyer from the Stone Law Firm.  When you contact us, we will arrange to meet with you one-on-one so that we can answer your questions and tell you more about the bankruptcy process in Utah.

Continue reading " Will Filing for Bankruptcy Eliminate All Debts?" »

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May 26, 2010
  What Type of Bankruptcy is Right for You
Posted By Stone Law Firm

When people are about to file for bankruptcy, they will have to decide between Chapter 7 and Chapter 13.   Generally speaking, those who file for Chapter 7 bankruptcy have their debts discharged and those who successfully file for Chapter 13 are responsible for repaying their debt.

People who are trying to decide between Chapter 7 and Chapter 13 will need to consider a few things before making their decisions.  First, they need to know which bills can be eliminated if they file for Chapter 7.  Second, they need to know which possessions they will be able to keep when they file for Chapter 7 or Chapter 13.  Finally, they will need to become informed of their rights and options under each type of bankruptcy.

The type of bankruptcy people file for will largely depend upon their financial circumstances and their ability to repay their debt over a set period of time.  Therefore, when people are on the verge of filing for bankruptcy in Utah, they should consult with a knowledgeable Salt Lake City bankruptcy lawyer at the Stone Law Firm.  Contact us today to get reliable answers to your bankruptcy questions.

Continue reading "What Type of Bankruptcy is Right for You" »

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May 20, 2010
  The Difference between Chapter 7 and Chapter 13
Posted By Stone Law Firm

With more and more people having to file for consumer bankruptcy in the state of Utah, it is important that people understand the differences between Chapter 7 and Chapter 13.  Below, the Stone Law Firm explains the three factors that make each type of bankruptcy different:

1.  When people choose to file for Chapter 7 and they are successful, their debts are discharged or eliminated.  However, when people file for Chapter 13, they agree to repay the debts they owe to their creditors over the time span of 3 to 5 years.

2.  People who file for Chapter 7 may lose their property through the process of liquidation.  People can lose their homes, cars, land and other valuable assets which will be sold for a profit to reconcile their debt.  People who file for Chapter 13 do not have to go through the liquidation process.

3.  In order to qualify for Chapter 7, people must take a means test and they must show that they do not make more than the state's median income.  If they make more that the state's median income, they will have to try to file for Chapter 13 because. 

To learn more about the differences between the two types of consumer bankruptcy, contact the Stone Law Firm now to speak with a Salt Lake City bankruptcy attorney.

Continue reading " The Difference between Chapter 7 and Chapter 13" »

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May 13, 2010
  What is Chapter 7 Bankruptcy?
Posted By Stone Law Firm

Chapter 7 is a type of bankruptcy that is filed for by consumers that are waist-deep in debt.  Commonly referred to as "liquidation bankruptcy", Chapter 7 is an ideal option for people who are struggling to pay their bills and who have little income to repay the debt they owe to their various creditors.

When people enter into the Chapter 7 bankruptcy process, they may be subjected to a process known as liquidation.  During liquidation, assets that people own such as homes, cars and other types of property are sold for a profit, which is then turned over to people's creditors.  It is important to note that not all people who file for Chapter 7 in Salt Lake City will have to go through the liquidation process.

 After individuals have successfully completed the Chapter 7 process, all of their debts will be discharged and they will be able to start over with a clean slate.  This is the biggest benefit of filing for Chapter 7 versus Chapter 13.

Are you planning to file for Chapter 7 bankruptcy in Utah?  If so, it is a wise idea to speak with a Salt Lake City bankruptcy lawyer from our law office. 

Contact Stone Law Firm today to discuss your bankruptcy proceedings!

Continue reading "What is Chapter 7 Bankruptcy?" »

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