How to File for Bankruptcy in Utah
Filing for bankruptcy can involve complex legal steps. A qualified bankruptcy attorney in Utah helps you make sure you follow the right approach for your situation.
Utah law requires you to meet residency requirements before you file. You must have lived in the state for at least 180 days before submitting your bankruptcy petition. If you moved recently, you may need to wait before you can use Utah’s property exemptions. Our team explains residency requirements and guides you through each step in the local process.
The very first step to taking back control of your finances is determining which type of bankruptcy is right for you:
- Chapter 7 bankruptcy: This path eliminates most general debts, including credit card debt, medical bills, and unsecured loans. It gives you a financial reset by wiping away qualifying debts and giving you a fresh start.
- Chapter 13 bankruptcy: This option provides a fresh start through a structured payment plan. You pay back what you can afford, and any qualifying remaining debts are erased after your plan is complete.
Both Chapter 7 & Chapter 13 filings have steps unique to Utah. Local bankruptcy courts require forms and supporting documents specific to your debts and assets, including Utah-based real estate. The local means test compares your household income to the Utah median, determining whether you qualify for Chapter 7 or Chapter 13 bankruptcy. We help you prepare this information for filing with the U.S. Bankruptcy Court for the District of Utah.
The next step in the bankruptcy process is to complete credit counseling. All filers must complete this with a government-approved agency before submitting their case. Credit counseling helps you weigh alternatives to bankruptcy and educates you on financial management.
When you are ready to file for bankruptcy, your attorney can help you complete and submit the necessary bankruptcy forms. These forms include details about your financial situation, assets, debts, income, and expenses. Your attorney then files the bankruptcy petition and supporting forms with the United States Bankruptcy Court for the District of Utah. This step officially begins your bankruptcy case.
After your filing, the court schedules a meeting of creditors—called the 341 meeting—in Utah. This usually takes place at a local courthouse or virtually. You will answer questions from the bankruptcy trustee about your debts and assets. Most clients finish this meeting in less than 15 minutes, and your bankruptcy lawyer in Utah can attend the meeting with you. Utah bankruptcy courts work efficiently to keep this process moving forward.
Timeframes & What to Expect in Utah Courts
Utah’s bankruptcy process follows a clear timeline, though specific steps vary by local district. Typically, a Chapter 7 case in Utah takes about three to six months to complete. Chapter 13 cases require a court-approved payment plan lasting three to five years. After filing, you receive protection from creditors while the court reviews your documents. Bankruptcy courts in Salt Lake City and across the state aim to schedule hearings promptly, helping your case stay on track without delays. Our lawyers keep you updated at every stage so you always know what comes next.
Each Utah district sets some of its own administrative guidelines, and court staff handle petitions common to the state. By gathering all necessary documentation and understanding local court requirements up front, you can avoid delays and move through your bankruptcy case with confidence. Working with a bankruptcy attorney in Utah who understands local procedures can help you anticipate court notices and meet important deadlines.
For more information about the bankruptcy process in Utah, contact Watton Law Group today. Our team can fully explain the steps involved in filing for bankruptcy and help you determine if bankruptcy is the right choice for you. Give us a call at (801) 807-1770.
Will Bankruptcy Clear All Debt?
Not all debts can be wiped out in bankruptcy. In Utah, student loans, child support, and alimony are usually not dischargeable. If these make up your biggest burdens, restructuring or eliminating other debts can still relieve financial pressure. We review your situation to determine which debts may qualify for relief.
Utah law protects certain assets, which may include your main residence, car, and essential belongings. These exemptions shape which property you can keep under Chapter 7 or Chapter 13. Our team clarifies how Utah’s exemption rules serve your long-term security throughout bankruptcy.
We invite you to contact our lawyers to see if bankruptcy could help you. We offer free, no-obligation consultations to all prospective clients. Our Salt Lake City office assists clients statewide. Learn more here.
Trust Our Team of Experienced Bankruptcy Lawyers in Utah
Crushing debt impacts every area of life, including employment, housing, and even children’s education. Whether you face job loss, illness, or other challenges, Watton Law Group stands ready to assist.
Our team has decades of experience helping Utah residents from Salt Lake City to St. George and beyond. Every case receives personal attention from our attorneys, many of whom have earned recognition in publications such as Super Lawyers® and Best Lawyers in America®. We cover each available path to financial stability, factoring in Utah’s distinct asset exemptions and court procedures.
With over 25 years in practice, we know Utah’s bankruptcy law inside and out. Our approach is always individualized—some clients benefit from Chapter 7 liquidation, while others gain more from Chapter 13 reorganization. We explore every possibility and help clients develop practical budgets for lasting stability.
Utah’s bankruptcy laws and exemptions change over time. We track regulatory updates, court rules, and important filing dates, keeping each client well-informed. Our office answers questions about hearing dates, documents, and how Utah-specific rules could affect your unique case.
At Watton Law Group, our legal team has helped thousands find solid ground financially. We care about every case we take on. We have the knowledge and commitment to help you get on track, no matter how complicated your financial situation may seem.
Call (801) 807-1770 or contact us online to schedule a free, confidential consultation with a Utah bankruptcy lawyer.
Frequently Asked Questions
How does bankruptcy affect my credit in Utah?
Bankruptcy will usually appear on your credit report for 7 to 10 years, depending on the type of case. Many people start rebuilding credit soon after discharge by making on-time payments, keeping balances low, and monitoring their credit report for accuracy.
Can I keep my car or home if I file for bankruptcy in Utah?
Utah’s exemption laws may allow you to keep a certain amount of equity in your home or vehicle when filing. Our team reviews state exemptions to help you understand what property you can retain based on your unique situation and local rules.
What is the difference between Chapter 7 and Chapter 13 bankruptcy?
Chapter 7 bankruptcy usually involves selling non-exempt assets to pay creditors, followed by wiping out qualified debts. Chapter 13 sets up a repayment plan for three to five years and can help you keep important assets while clearing eligible debts over time.
