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It pays to hire a bankruptcy attorney

It pays to hire a bankruptcy attorney

It only takes several hours for someone to throw together random paperwork to file a bankruptcy case, but it can take years and tens of thousands of dollars or more to try to fix and litigate the mistakes in the paperwork if not prepared correctly in the beginning. Hire an experienced bankruptcy lawyer!

Do You Qualify for a Chapter 7 Bankruptcy?

Chapter 7 Bankruptcy

Filing for a chapter 7 bankruptcy is the best way to get rid of debt when your income to debt ratio is out of proportion. It will help to put an end to all collector calls, garnishments, lawsuits, repossessions, foreclosures, and more without leaving you responsible for payment. It’s not a one-size-fits-all so let’s take a look at some of the requirements to file a chapter 7.

1. Is your income below the median family income in your state?

Utah Bankruptcy Filings Increase in December

united states bankruptcy court

The number of Utahns who filed for bankruptcy increased 11 percent in December of 2016 from December 2015.

According to BankruptcyWatch President Lance Wickham, the U.S. Bankruptcy Court for Utah received a total of 793 filings during December of 2016, up from the 708 bankruptcy petitions from the same period a year ago. "Filings were up during December but given the recent election results it is anyone's guess if that will continue into the next year," Wickham said.

Bankruptcy in Utah Means Going to Court?

utah bankruptcy court building

Filing bankruptcy in Utah is assumed by many to require going to court. One of the scariest things anyone can do in life is go to court. Normally when people think of going to court they think of the scariest events in life, like divorce, criminal charges or a lawsuit. Many people hesitate, sometimes for years, to file bankruptcy and take care of their debts because they think filing bankruptcy means going to court. But is this true?

Do I Need A Lawyer To File Bankruptcy?

man thinking about file bankruptcy

If your financial struggle is causing you to consider filing for bankruptcy, you might be wondering if you must hire a lawyer to represent you.

The Risks

While technically there is no requirement to hire a lawyer.

The Importance of Local Bankruptcy Counsel


At a Chapter 13 Confirmation Hearing the other day, an out of area attorney from Fountain Valley was appearing via phone on his Sixth Amended Plan.  You might wonder, “What was an attorney from Southern California doing representing a client in Oakland that he had never met in person”?  I was wondering the same thing...  

Trust in your Bankruptcy Attorney


The great thing about hiring competent counsel and doing your due diligence up front is that you should be able to trust your attorney and the advice they give you.


If, after retaining your attorney, you start questioning and wondering if you made the right choice, you should contemplate why.  You have an absolute right to a second opinion but the fact that you are seeking a second opinion speaks to a larger problem.  


Enough Debt to File Bankruptcy?

glass with water metaphor of bankruptcy

The end of Summer brings the Fall season - which to many means football and barbeque. This was most true for me when I lived in Oklahoma. Most of my neighbors were extremely emotional about their football and their barbeque. I wasn’t surprised with the love of football.But I was extremely surprised at how many opinions there were about barbeque! I can’t even count the number of lessons I was given by grill or pit masters (by the way everyone down there considers themselves a pit master) on how to properly grill.

Cancer survivor on the right path to beat Debt!

Cancer survivor on the right path to beat Debt

Cancer alone is a terrible burden. Unfortunately when someone battles cancer they not only have to fight this horrific disease but all the other collateral damage that comes with it. And for many people they have no other alternative but to become tough as nails.

Today I received a phone call from...well for the purposes of this blog let's call her Mary, who is a cancer survivor and whose story I would like to share.

Ashamed Of Your Debts? Don’t Be.

Man ashamed of his debts

When I decided to ask my Wife to marry me I felt pressure to purchase a ring that – at the time – was way too expensive for me. I loved her – so why wouldn’t I do everything I could to show my love? Right? I had access to credit. The bank reassured me that it would be easy to repay. Well, I was wrong. I made a stupid decision. I went into debt. I went into debt at the wrong time for the wrong reason with little to no income to pay it back. And that ring? Well, it was a really nice ring but my Wife later lost it – twice! (….a great story for another day).

Why not to use Outdated Information on the Internet

PC outdated in terms of bankruptcy

You learned in school not to write all your papers by just looking on the internet. It was a sign of lazy work and arose suspicion of cheating. And the information that you found on Wikipedia wasn’t to be trusted. Who knows who wrote that?

Times have changed since I was in school. Now the internet is a vital source of information and authorship can be verified on reliable websites. And it takes a long time for editors to publish books, and a long time to get to the library to check them out.

Love, Co-Signing & Bankruptcy

Woman worried about her debts

I’m a bankruptcy attorney with Lincoln Law. This means I get to speak with and listen to a number of people every day that are considering bankruptcy. I’ve been doing this work for almost 16 years now and have helped over 10,000 people struggling with too much debt.

Meeting clients' phone needs

woman at phone with attorney

The biggest complaint that people have about their attorney is a lack of communication. People trust their attorney and open up about some really sensitive difficult situations. They share what they are struggling with the very most, and they share it with someone who knows a lot more than them about the law. Then they have to trust that they will get the help they need on their difficult situation.

Well, imagine the frustration when the attorney does not respond back in a way or a time that is quick enough.

Lincoln Law addresses our clients' very real needs to communicate with us about their case and their personal situation.

Expenses Prior to Filing Bankruptcy in Utah

Paralegal and client

Individuals considering filing bankruptcy in Utah should keep in mind that spending any cash that is not protected by bankruptcy exemptions (such as funds in your bank or a tax refund) will be reviewed by the bankruptcy Trustee shortly after you file your case. That's because there are some ways debtors could try to spend money in an effort to hide their assets or otherwise skew the bankruptcy court's perception.

Do You Qualify for a Chapter 13 Bankruptcy?

Chapter 13 book
Filing for a chapter 13 bankruptcy is a powerful antidote that can put an end to collector calls, garnishments, lawsuits, repossessions, foreclosures, and more all while protecting your assets. The first step is to determine if you fit the legal requirements to file for a chapter 13. 

1. Do You Have a Reliable Source of Income?

In order to be eligible for a chapter 13 your income should be steady, periodic, and likely to continue.

Remedies for Medical Bills

medical equipment and bill

The pain doesn't always stop after you make it home from the hospital. Your body may feel fine, but deep down your mind continues to stir with the stress of mounting medical bills. After paying for your trip to the ER, the abundance of tests, consultations, supplies, room, hospital staff, plus the doctor's bill, your wallet is done for. Fortunately, there are a number of things you can do to prevent, reduce, or even eliminate your financial headache. 


Debt Relief Now for a Financial Future Later

erasing debt with bankruptcy

As I watch my neighbors pull away in their new 33 ft. Chateau Motorhome, I can’t help but wonder how in the world they ever afforded it. I’ve only ever seen them drive old cars. And, while they’re always dressed quite nicely, he’s not wearing Calvin Klein, and she’s not carrying Gucci.

As I stop to think about it, I realize, that may be our problem. Our need to have shiny, new toys may be why we never seem to get ahead—why we have so much debt. I’ve always known my neighbors to be thrifty, now I know why.

Health Benefits of Bankruptcy

blood pressure test

While you might think running from your creditors would keep you in good shape, the harsh reality is, "you can run, but you can't hide." Change your phone number as many times as you want, but you'll still be looking over your shoulder, waiting to be sued or waking up at 3 in the morning thinking you heard the repo-man in your driveway.

Calling for Relief

talking with attorney for relief

The most fascinating part of my work is the first call. After speaking with what seems like countless people who are looking into the option of bankruptcy, I have found that some have tears, all are frustrated and stressed, and a surprising number apologize to me for their emotions. They apologize for the tears and frustration because they think that they are alone in their situation, and feel as if failure is knocking on their door. They have become overwhelmed with debt collectors, pressure to support their family, the inability to find work, medical bills, and the list goes on.

Student Loans and Bankruptcy - Observations

student with debt issues

Student loans are ballooning. At four-year colleges and universities, more than two thirds of students have them. An average amount as of 2008 is over $23,000. Almost all students who go to private universities have student loans.

These statistics are made worse when you realize that they are just for federal student loan debt and do not count private student loans.


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