In his practice as a lawyer in Salt Lake City and nearby communities in Salt Lake, Utah, Weber and Davis counties, attorney Johnathan M. Duncan has helped clients with personal injury cases, divorce, paternity and with help filing bankruptcy.
- Personal bankruptcy
- Chapter 7
- Chapter 13
- Personal Injury
- Automobile Accidents
- Slip and Fall
- Dog Bites
- Please take a look at the FAQs provided below or answers to some frequently asked questions.
If you have additional questions about stopping a foreclosure, garnishments, or any other bankruptcy-related matter, do not hesitate to contact an attorney at Duncan Law, PC, for a free consultation.
It can be difficult to keep track of changes in federal legislation regarding Chapter 7 and Chapter 13 bankruptcies as well as the local laws that affect bankruptcy.
Duncan Law, PC wants our clients to be informed about their legal rights, whether they are making decisions about bankruptcy, personal injury or looking for an effective means to fight a housing foreclosure,.
You can also call to make an appointment to get the best, up-to-date legal advice about your case.
Personal Injury Cases
Personal injury cases can be complex and it is important to have an attorney who can help you navigate through the insurance laws and be there for you. Insurance companies often try to settle cases far lower than what you deserve. That is why it is important to hire an attorney to be on your side.
Can bankruptcy stop a garnishment?
Generally, when you file for bankruptcy, a creditor who has been garnishing your wages has to release the garnishment. If a paycheck is garnished after you file for bankruptcy, that creditor should return those funds to you.
Do I have to qualify for bankruptcy?
Yes, you do have to qualify for bankruptcy. If you want to file for a chapter 7, either your income needs to be below the median income set by the IRS or you need to pass the Means Test. You should talk to an attorney about whether you qualify for bankruptcy. Chapter 13 bankruptcies have other limits. You have to be able to make regular monthly payments to the trustee after all of your expenses are paid. Plus, there are limits as to how much secured and unsecured debt you can have.
Is debt settlement a better option for me than bankruptcy?
In some cases, it is. A debt settlement is better for your overall credit rating than bankruptcy. Even if a bad debt is already on your credit report, part of the debt settlement process can be to have that debt marked "paid in full" on your credit report, which is beneficial when future creditors and lenders are examining your report. The problem with debt settlement is that if you have multiple creditors, you must negotiate a debt settlement with each one individually, and there is no guarantee that you will be able to negotiate a favorable settlement with any of them, let alone all of them. Also, a debt settlement is usually satisfied by one lump sum payment, so it is only feasible if you are able to access a large amount of cash at one time.
How can I stop my home from foreclosure?
Filing a Chapter 7 or Chapter 13 bankruptcy invokes an automatic stay, which puts an immediate stop to any foreclosure proceedings while the bankruptcy is pending, unless the lender obtains a relief from the stay from the bankruptcy judge. In Chapter 13 you can catch up on your missed payments by rolling them into your payment plan, thereby curing the default and putting a permanent end to the foreclosure. If you are in default or facing foreclosure, talk to an attorney familiar with these laws and knows the proper steps to take, such as recording a notice of lis pendens so the property is not sold out from under you while you are in the midst of a title dispute.
Aren't banks required to make loan modifications under current law?
No. After the sub-prime mortgage crisis, the federal government gave bailout money to banks and instituted many programs to help homeowners stay in their homes. However, none of these programs actually require a lender to modify your loan. Banks do have a financial incentive to conduct a loan modification or workout. If your home has lost value, the bank would rather have you in the home as a paying customer than foreclose on the home and be stuck with a house that it cannot sell for anything close to the loan value. If you are considering a loan modification, be sure to contact a qualified attorney. Some companies take your money and do next to nothing. Also, some banks only agree to a temporary modification, which does no good in the long run. Hire an attorney to represent you who understands debt-to-income ratio and will only recommend loan modification when it is feasible, and who has the knowledge and skills to negotiate effectively with your lender.