Am I Eligible To File Bankruptcy In Utah?

In determining whether a person or couple is eligible to file bankruptcy, we must first figure out which type of bankruptcy we are talking about, chapter 7 or chapter 13. The reason is that the eligibility requirements are different for each chapter. In a nutshell, here are the basic requirements for each chapter:

Utah Chapter 7 Eligibility

• Must be under the median income for a family your size.


• Must not have filed a previous Chapter 7 bankruptcy in the last 8 years.


• Must not have receive a discharge from a chapter 13 filed within the last 6 years.

If you satisfy all of these conditions then you may be able to file chapter 7.

Utah Chapter 13 Eligibility

• Can be over or under the median income for a family of your size, but must have some kind of income


• Must have less than $419,275 in unsecured debt.


• Must have less than $1,257,850 in secured debt.


• Must not have filed a chapter 7 within the last 4 years (although in some circumstances a chapter 13 still makes sense in this situation)


• Must not have received a discharge in a prior chapter 13 filed less than 2 years earlier

If you satisfy all of these conditions then you are clear to file a chapter 13.
Keep in mind, these basic requirements are just the bare minimums. Even if you are eligible to file chapter 7, there could be a whole host of reasons chapter 13 is better for you, and vice versa. Talk to your lawyer about it to determine the best course of action.