Bankruptcy is a created through federal law. It provides relief from most debts. Some debts are unaffected by a bankruptcy proceeding. If you are either a creditor or a debtor in Utah, you will need to find a bankruptcy attorney Utah so that you can properly navigate both the federal bankruptcy laws and state laws that apply.
Alpina Legal has a bankruptcy attorney Utah who can provide representation for either a debtor or a creditor. Depending on if you are the debtor or the creditor, and depending on if it is a Chapter 7, 11, or 13, our role might be significant with much activity, or less involved and little activity.
Most representation of a debtor by a bankruptcy attorney Utah will consist of being part of every step of the bankruptcy. On the other hand, as a creditor, representation might be limited to only appearing at a 341 meeting or simply filing a proof of claim. However, a bankruptcy attorney Utah might also be more involved in representing a creditor and motion for relief from the automatic stay in order to repossess some collateral.
Chapter 7 Bankruptcy Attorney Utah Liquidation
In a Chapter 7 bankruptcy, the debtor will claim exemptions, among other things. There are federal exemptions (see 11 U.S.C. 522) that a debtor can use, but most debtors use the exemptions provided by Utah law (see Utah Code 78B-5-501 et seq.). A creditor will always have an opportunity to object, but has a limited time to do so. As such both the debtor and the creditor would be wise to retain a bankruptcy attorney Utah to assess the exemptions.
Chapter 11 Bankruptcy Attorney Utah Reorganization
Chapter 11 is available to business entities and really wealthy individuals. As a counsel for either a debtor or creditor in a Chapter 11, we will be significantly involved in the process to make sure that the confirmed plan is the most favorable for the debtor or that the most is paid out for the creditor.
Chapter 13 Bankruptcy Attorney Utah Plan
As a bankruptcy attorney Utah representing a debtor in a Chapter 13, our goal is to minimize the amount of payments made in a Chapter 13 plan. In representing a creditor in a Chapter 13, our goal is to discover assets and scrutinize the amounts of income and expenses claimed by the debtor, in addition to protecting any collateral securing the creditor’s debt.
Alpina Legal provides consultations, so if you have any questions whatsoever regarding bankruptcy, contact us. Alpina Legal provides bankruptcy representation for debtors for flat fees that are affordable. Please view our free Client Education Brochure.