Best Bankruptcy Attorneys in Ogden

Frequently Asked Questions

• Where do I file for bankruptcy in Ogden, Utah?

  Ogden residents can file their bankruptcy petitions with the U.S. Bankruptcy Court for the District of Utah. The court is located at Frank E. Moss U.S. Courthouse, 350 S Main St., Salt Lake City, UT 84101.

• Where can I get bankruptcy forms in Ogden, Utah?

  You can download Ogden bankruptcy forms from: https://www.utb.uscourts.gov/local-forms-view.

• Can you still get a mortgage after Chapter 7 bankruptcy in Ogden?

  While bankruptcy can negatively impact your credit score and eligibility for mortgage lending in Ogden, it’s not permanent, so you can work on rebuilding your credit score and be eligible for a mortgage in a few years. Once you have rebuilt your credit score, you can be considered for an FHA or VA loan two years after Chapter 7 discharge. For USDA loans, you need to wait 3 years after your Chapter 7 discharge.

• Can you file a second bankruptcy in Ogden?

  You can file bankruptcy multiple times in Ogden as long as you observe the prescribed waiting period between filings. The waiting period depends on your previous bankruptcy filing. With previous Chapter 7 bankruptcy:

  • 8 years before you can file another Chapter 7
  • 4 years before you can file for Chapter 13 With previous Chapter 13 bankruptcy:
  • 6 years before you can file for Chapter 7
  • 2 years before you can file another Chapter 13

• How long does the Chapter 13 payment plan last in Ogden?

  The payment plan for your Ogden Chapter 13 bankruptcy can last 3 – 5 years depending on your monthly income. If your income is below Utah’s median family income, you will be recommended a three-year payment plan. On the other hand, a five-year plan is recommended if you have a monthly income above the median family income. Note that you can choose to have a five-year payment plan even if your income is below the median.

• Can you keep your tax refunds during the bankruptcy process in Ogden?

  If you received the tax refund after you filed for bankruptcy, unfortunately, no. Your tax refund, or part of it, will be taken by your bankruptcy trustee and used to pay for your debts. Tax refunds are not protected in Ogden’s bankruptcy process. On the other hand, if you received the tax refund before filing for bankruptcy, you may be able to keep it and use it on necessary expenses. Check with your bankruptcy attorney on this matter.

• Who is eligible for Chapter 13 bankruptcy in Ogden?

  You can file Chapter 13 bankruptcy in Ogden if you satisfy the following criteria:

  • Have a regular income above or below the state’s median income
  • Have a total debt below $2,750,000 (inclusive of both secured and secured debts, according to 11 U.S.C. Section 109)
  • Have completed a credit counseling course within the last 180 days.
  • Have no Chapter 13 discharge in the last two years or a Chapter 7 discharge in the last 4 years
  • Have no dismissed bankruptcy in the last 180 days