Roger A. Kraft, Attorney at Law, P.C.Roger A. Kraft, Attorney at Law, P.C.2026-05-29T14:06:44Zhttps://www.rogerkraftlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1400431/2020/09/cropped-favicon-roger-kraft-utah-attorney-32x32.jpgOn Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[Are debt collectors allowed to call this much?]]>https://www.rogerkraftlaw.com/?p=487222026-05-29T14:06:44Z2026-05-29T14:06:44ZDebt problems can feel impossible to escape when the phone keeps ringing. One missed payment can turn into repeated calls, letters, voicemails and threats of legal action. For many people, the hardest part is not only the debt. It is the feeling that the pressure never stops.
Debt collectors do have legal limits. If collection pressure has taken over your life, bankruptcy may also offer a way to pause many of those actions and deal with the debt through a legal process.
When collection calls cross the line
The Consumer Financial Protection Bureau says debt collectors generally cannot call at unusual times or places, including before 8 a.m. or after 9 p.m. They also cannot place repeated calls with the intent to annoy, abuse or harass.The agency’s guidance on debt collector calls also explains a key rule. A debt collector may cross the line when repeated calls become excessive. As a general rule, calling about the same debt more than seven times in one week, or calling again within a week after a phone conversation about that debt, can create legal problems for the collector. Federal rules and Utah law both give consumers protection from abusive or unfair collection tactics.Other conduct may also raise concern, such as threats, abusive language, false statements or calls to a workplace after the collector knows those calls are not allowed.
Bankruptcy can stop many collection efforts
Filing bankruptcy often triggers the automatic stay. This court protection generally stops many creditors from starting or continuing collection actions while the case is pending. However, under federal and Utah bankruptcy rules, special limitations apply if a person has filed for bankruptcy previously within the past year.That can affect collection calls, lawsuits, wage garnishments and some other pressure tactics. However, the automatic stay has limits. Some actions may continue, and a creditor may seek permission from the bankruptcy court to proceed in certain cases.For people facing constant pressure, bankruptcy may stop creditor harassment by limiting many creditor contacts once the automatic stay applies.
Chapter 7 and Chapter 13 work differently
Chapter 7 may help people who cannot realistically repay unsecured debt. It can eliminate many qualifying debts, though some debts, such as many student loans, certain taxes, child support and alimony, often survive bankruptcy.Chapter 13 works differently. Instead of moving quickly through liquidation, it uses a repayment plan that usually lasts three to five years. This option may help people with steady income who want to catch up on missed mortgage payments, protect assets according to Utah's specific property exemption limits or manage debt over time.
Knowing when pressure needs a plan
Debt collectors may have the right to seek payment, but they do not have unlimited power to disrupt your life. When calls, letters and threats keep mounting, the practical question is whether the debt problem needs a broader legal plan rather than another short-term payment promise.Bankruptcy is not the right fit for every situation. Still, understanding what it can stop, what it cannot stop and which chapter may apply can help you decide what to do before the pressure gets worse.]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[Can you modify your Chapter 13 plan once it is final?]]>https://www.rogerkraftlaw.com/?p=486932026-02-25T16:07:58Z2026-02-25T16:07:58ZGrounds that may support a post-confirmation changeA Chapter 13 plan modification is not something the court grants automatically. There typically needs to be a legitimate reason tied to a meaningful shift in your financial situation, such as:
A significant and long-term decrease in income
An increase in necessary living expenses
A change in marital status that alters the household budget
An unexpected financial obligation, like a major home or vehicle repair
It is also worth noting that the U.S. Bankruptcy Code permits a modification request from the debtor, the Chapter 13 trustee or even an unsecured creditor at any point after confirmation but before all plan payments are complete, provided that your changes do not exceed the 60-month legal limit.
Adjustments the court may and may not allow
Not every element of a Chapter 13 plan is subject to change. Federal law outlines specific categories of modification that includes:
Increasing or decreasing the monthly payment amount to a particular class of creditors
Extending or shortening the repayment timeline
Adjusting distributions to account for payments a creditor received outside the plan
Reducing plan payments to reflect out-of-pocket health insurance costs for the debtor or a dependent
On the other hand, certain obligations are off-limits. Priority debts, such as domestic support, must generally be paid in full unless the creditor agrees to different treatment.
Your modified plan must also satisfy the "best interests of creditors" requirement. That means unsecured creditors need to receive at least as much as they would have in a Chapter 7 liquidation.
Steps for navigating the modification process
Filing a modification in Utah follows the same general federal framework, but there are practical steps that matter at the local level.
You can begin with filing a motion to modify the confirmed plan with the bankruptcy court. That motion needs to explain the reasons for the requested change and include the proposed modified plan and a summary of the changes made.
Once you file your motion, the court requires that the trustee and all affected creditors receive at least 21 to 28 days of notice (depending on the specific motion) before the objection deadline. This gives every party a fair opportunity to review the proposed changes and raise concerns if needed.
If there are no objections, the court may approve your petition without holding a hearing. If a creditor or the trustee does object, the judge will schedule a hearing so the court can discuss the competing interests and make a decision.]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[3 major differences between Chapter 7 and 13 bankruptcy cases]]>https://www.rogerkraftlaw.com/?p=486902025-11-27T00:49:08Z2025-11-27T00:49:08Z1. Income limits for Chapter 7
The Chapter 7 bankruptcy process is relatively rapid. Filers can potentially complete the entire process in less than six months, depending on the complexity of the case and the volume of pending cases in the courts.
However, those filing for Chapter 7 bankruptcy must qualify based on their income. The means testing process requires making adjustments to income levels based on the last six months of earned income and then comparing that amount to the median income for a household of the same size in the same state. Those who do not pass the means tests are ineligible for Chapter 7 bankruptcy.
2. Payment plans or liquidation
People often refer to Chapter 7 bankruptcy as “liquidation bankruptcy,” while they may call Chapter 13 bankruptcy a “wage earner’s plan.” People who are eligible for Chapter 7 bankruptcy must provide an inventory of their resources for the court-appointed trustee to review.
They may have to liquidate any property they cannot exempt. Liquidation isn't necessary in a Chapter 13 bankruptcy. Instead, the filer must negotiate a repayment plan. They then make between three and five years of structured payments that the court-appointed trustee distributes to their various creditors.
3. Credit reporting rules
A bankruptcy discharge typically appears on an individual's credit report. How long the credit bureaus can maintain a record of a prior bankruptcy depends on the type of bankruptcy filed. Chapter 7 cases remain on a credit report for up to 10 years after an individual receives their discharge.
Chapter 13 cases can come off an individual's credit report after seven years, much like any other blemish. Filers who are fastidious about rebuilding their credit may become eligible for new lines of credit or even mortgages before the prior bankruptcy filing technically comes off of their record.
Reviewing financial obligations and resources can help people determine the best type of bankruptcy to pursue. Individuals facing foreclosure, creditor lawsuits and unsustainable debt levels may benefit from pursuing personal bankruptcy before the situation spirals completely out of control.]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[What types of bankruptcy are available to individuals?]]>https://www.rogerkraftlaw.com/?p=486872025-09-03T22:49:40Z2025-09-03T22:49:40ZChapter 7 bankruptcy
Chapter 7 bankruptcy is the fastest pathway to a discharge of eligible debts. Filers can go from the submission of the initial paperwork to a discharge of their eligible debts in a matter of months.
Chapter 7 bankruptcy is generally only available to people who pass the means test. They have to compare their recent income to the state median income for their household size. Those pursuing Chapter 7 proceedings typically need to provide a detailed inventory of personal resources to the courts. In some cases, asset liquidation is necessary as part of the Chapter 7 process. However, most filers can protect their assets from liquidation with the careful use of exemptions.
Chapter 13 bankruptcy
Sometimes, people with above-average income need relief from debt collection efforts. Other times, bankruptcy filers worry about preserving their resources from liquidation if they have assets they cannot exempt. Chapter 13 bankruptcy typically takes years to complete because of the mandatory repayment plan.
The filer has to commit a significant portion of their disposable income toward the repayment plan. After making between three and five years of payments, they can then discharge the remaining balance owed on their eligible debts. Chapter 13 bankruptcy can be particularly helpful for those who might require a loan or mortgage modification to make their financial circumstances more sustainable.
Selecting the right form of bankruptcy is an important step. People in need of bankruptcy relief may want to discuss their financial concerns with a professional familiar with bankruptcy filings and civil litigation in order to make truly informed decisions about their options.]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[What assets can you keep in bankruptcy?]]>https://www.rogerkraftlaw.com/?p=486832025-06-06T20:53:38Z2025-06-06T20:53:38ZIf you're going through bankruptcy, you might worry about losing all your belongings. Fortunately, bankruptcy laws allow you to keep certain assets. Understanding what you can and can't keep can help you feel more in control during this process.
Can you keep personal property and household items?
Many types of personal property, like your clothing, furniture, and household appliances, are typically safe in bankruptcy. You won’t need to give up your basic necessities, like your couch or kitchen appliances. However, if your items are of significant value, they may fall under different rules depending on your bankruptcy type.
Can you keep your home and real estate?
One of the top concerns in bankruptcy is the fate of your home. In Chapter 7 bankruptcy, you may lose your home if you’re behind on payments and don't qualify for an exemption. However, in Chapter 13 bankruptcy, you may be able to keep your home as long as you can work out a repayment plan. Under Utah law, you may be able to keep a certain amount of equity in your home, offering added protection during bankruptcy proceedings.
Can you keep your retirement savings?
In bankruptcy, most retirement accounts, like 401(k)s or IRAs, are under protection. Federal law allows these accounts to remain untouched in a bankruptcy proceeding. This protection ensures that you can continue building your future without the fear of losing your retirement savings.
Can you keep your vehicle?
In many cases, you can keep your vehicle during bankruptcy, especially if it’s essential for commuting to work. In Chapter 7, you might have to give up a car if its value exceeds the exemption limits. However, in Chapter 13 bankruptcy, you can keep your vehicle as long as you include it in your repayment plan.Bankruptcy doesn’t mean you’ll lose everything you own. Understanding how exemptions work will give you peace of mind as you move through the process.]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[How does Chapter 13 impact retirement accounts?]]>https://www.rogerkraftlaw.com/?p=486782025-03-14T15:23:57Z2025-03-14T15:23:57ZFiling for Chapter 13 bankruptcy creates financial stress, especially when considering its impact on your future. Many people worry about losing retirement savings. Most retirement accounts remain safe under bankruptcy laws, but you should still understand key factors.
Are retirement accounts protected in Chapter 13?
Most tax-exempt retirement accounts, such as 401(k)s, IRAs, and pensions, remain safe in bankruptcy. Creditors cannot take these funds to pay off debts. Federal law prevents employer-sponsored retirement plans and IRAs from liquidation, keeping your retirement savings intact.
How does Chapter 13 affect contributions and withdrawals?
During Chapter 13, the court monitors your income and establishes a repayment plan based on affordability. The court may restrict new contributions to retirement accounts if those funds should go toward debt repayment. However, if you contributed a reasonable amount before filing, the court may allow you to continue. Withdrawing retirement funds to pay debts often leads to penalties and tax liabilities.
Can retirement income be used in repayment plans?
If you receive retirement income, the court may consider it part of your disposable income. Some of it may go toward your repayment plan. However, Social Security benefits usually remain exempt from bankruptcy payments. The court reviews your financial situation to determine what portion of your retirement income applies.
What happens to retirement loans in Chapter 13?
Loans from your 401(k) do not count as regular debts. Bankruptcy does not discharge these loans since you borrowed from your own savings. You must continue making payments, or you may face taxes and penalties.Chapter 13 bankruptcy restructures debts without taking away retirement savings. Understanding these rules helps you protect your financial future while working toward debt relief. Reviewing your options with a financial professional can also help you make informed decisions about your repayment plan.]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[Can filing for bankruptcy stop foreclosure?]]>https://www.rogerkraftlaw.com/?p=486762024-12-17T20:47:19Z2024-12-17T20:47:19ZFiling for bankruptcy can stop foreclosure and provide homeowners with options to keep their property.
In Utah, bankruptcy laws offer specific protections that can help individuals regain control of their financial situation when facing foreclosure.
How Chapter 13 bankruptcy stops foreclosure
Chapter 13 bankruptcy allows homeowners to stop foreclosure immediately through an automatic stay. This legal action prevents lenders from continuing foreclosure proceedings or demanding payment. Homeowners can then create a structured repayment plan to catch up on missed mortgage payments over three to five years. The court-approved plan helps individuals retain their homes while reorganizing other debts.
Loan modification and payment options
For homeowners who can afford it, catching up on missed payments may avoid foreclosure. Lenders might agree to a loan modification, which restructures the mortgage to make payments more manageable. However, loan modifications are not guaranteed, and approval rates can be low. If this option fails, Chapter 13 bankruptcy remains a reliable path to stopping foreclosure.
Is foreclosure ever the right choice?
In some cases, allowing foreclosure may be the most practical option. If keeping the home is not financially realistic, foreclosure can provide a fresh start by relieving the burden of mortgage debt. Homeowners should carefully weigh their financial situation and future goals when considering this path.
Understanding Utah’s foreclosure laws
Utah primarily uses non-judicial foreclosure, which means the process can move quickly without court involvement. Homeowners typically receive a notice of default, followed by a notice of sale. Filing for Chapter 13 bankruptcy before the sale can stop the process and allow time to address mortgage arrears.
Take control of your financial future
Bankruptcy offers a lifeline to homeowners facing foreclosure. By understanding their options and acting quickly, individuals can protect their homes and move toward a more stable financial future. Taking proactive steps makes a significant difference in avoiding the long-term impacts of foreclosure.]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[What does it mean when bankruptcy discharges a debt?]]>https://www.rogerkraftlaw.com/?p=486742024-09-05T01:35:29Z2024-09-07T01:34:57ZWhen a bankruptcy court discharges a debt, it means that you are no longer obligated to repay that debt. In the context of Chapter 7 or Chapter 13 bankruptcy, a discharge can help you take that critical step toward financial recovery.
Understanding what a discharge entails can help you navigate the complexities of bankruptcy more effectively.
How do debt discharges work?
In Chapter 7 bankruptcy, the court may discharge most unsecured debts. These can include credit card balances, medical bills and personal loans. After the discharging of the debt, creditors can no longer pursue collection actions against you. This prevents future phone calls, letters and lawsuits. However, some debts are not eligible for discharge. These include child support, alimony, most student loans and certain tax obligations.Chapter 13 bankruptcy operates differently. Instead of wiping out debts immediately, Chapter 13 allows you to reorganize and repay some or all of your debts over a three to five-year period. After successfully completing the repayment plan, the court may discharge any remaining eligible debts. This discharge releases you from any further obligation to repay those debts.
Can I keep my property if bankruptcy discharges the debt?
In Utah, specific state exemptions can protect certain assets during bankruptcy. For example, Utah allows exemptions for homestead equity, personal property and retirement accounts. These exemptions help protect essential assets from mandatory sale in Chapter 7 bankruptcy or inclusion in the repayment plan under Chapter 13.It is important to note that a debt discharge does not erase liens on secured property. For example, if you have a mortgage or a car loan, the creditor can still enforce the lien and repossess the property if you fail to continue making payments, even after a discharge.The discharge process in Utah follows federal bankruptcy laws, but local rules and exemptions can affect the outcome. The discharge provides a fresh start, but it also comes with limitations. Understanding these limitations and how they apply in Utah will help you make informed decisions regarding bankruptcy.]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[What does creditor harassment look like?]]>https://www.rogerkraftlaw.com/?p=486702024-06-04T15:03:48Z2024-06-04T15:03:48Z
Dealing with heavy debts can be overwhelming, and the tactics used by some creditors and debt collection agencies only add to the stress. What these unscrupulous companies do not want you to know is that there are legal limits to what they can do to get you to pay. Crossing these lines is harassment that you do not have to put up with.
Common examples of debt collector harassment
The Fair Debt Collection Practices Act (FDCPA) classifies several debt collection tactics as illegal harassment. These include:
Repeated phone calls or emails intended to annoy or abuse
Use of obscene or offensive language
Threats of violence or harm to the debtor or their family
Publicizing names of individuals who haven’t paid their debts, except when reporting to credit agencies
Calling without identifying themselves
Calling during inappropriate hours, specifically before 8 a.m. or after 9 p.m.
Ignoring a cease communication request sent in writing
Direct contact after you have hired a bankruptcy attorney to represent you
Recognizing these actions as harassment is the first step in taking control of your situation and seeking help.
The relief that bankruptcy offers
Among other advantages, filing for Chapter 7 or Chapter 13 bankruptcy gives you a respite from debt collector harassment. As soon as you file, the bankruptcy court puts an automatic stay on all debt collection activities. This not only stops harassing phone calls and letters but also gives you and your attorney time and mental energy to work toward financial recovery.
Find out what consumer bankruptcy can do for you
Bankruptcy might seem like a big step, but it can offer a fresh start and the chance to rebuild your financial stability without the constant anxiety of debt collection efforts. Understanding your rights and the protections available can help ease the burden of debt and open up options for managing your financial future.
]]>On Behalf of Roger A. Kraft, Attorney at Law, P.C.<![CDATA[How should you use credit cards after bankruptcy?]]>https://www.rogerkraftlaw.com/?p=486682024-03-15T20:27:57Z2024-03-15T20:27:57ZStart with secured credit cards
Secured credit cards are a good starting point for rebuilding credit after bankruptcy. Unlike regular ones, secured cards need a cash deposit that acts as your spending limit.
This deposit makes it easier to get approval, even if you have a bankruptcy history. Making payments on time and keeping your balances low can slowly improve your credit score.
Stick to a budget
After bankruptcy, it is important to make a budget and stick to it to avoid falling into the same money problems. Tracking your expenses and ensuring that credit card payments fit within your budget will help you avoid accumulating debt and further damaging your credit.
Pay your balance in full
Paying off your credit card balance entirely every month is key to rebuilding credit after bankruptcy. Timely payments demonstrate financial responsibility and can have a positive impact on your credit score over time. Aim to pay off your balance in full by the due date to avoid interest charges and minimize the risk of falling back into debt.
Limit your credit card usage
While using credit cards responsibly can help rebuild your credit, it is important to keep your usage in check to prevent overspending. Stick to having only one or two credit cards and resist opening more accounts.
Monitor your credit report
Checking your credit report regularly can help after bankruptcy. Look out for any mistakes or issues that could hurt your credit score and fix them right away. Keeping an eye on your credit report also lets you track your progress as you work on rebuilding your credit and find areas where you can improve.
In some circumstances, you may encounter scenarios where using a credit card is better than paying with cash. By viewing these cards as a pathway to financial health after bankruptcy instead of just a temptation, you can feel more confident.]]>