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Repayment plans • Mortgage arrears • Chapter 13
Utah Chapter 13 Bankruptcy Attorney
Behind on mortgage or vehicle payments, or earning income but struggling with debt? Chapter 13 can give eligible Utah individuals a court-supervised plan to address obligations over time while seeking to retain property. With offices in Salt Lake City, Pleasant Grove, and St. George, Rogers & Russell assists Chapter 13 clients throughout Utah.
Call 801-899-6064Request a Free ConsultationHow Chapter 13 Bankruptcy Works
Chapter 13 is generally available to qualifying individuals with regular income, including some self-employed debtors. A proposed plan normally lasts three to five years. The plan determines treatment of priority, secured, and unsecured claims, subject to court approval. Chapter 13 is not simply a consolidation loan: legal priority and collateral rules still apply.
Potential Advantages
- Opportunity to cure eligible past-due mortgage payments
- Structured plan payments to a Chapter 13 trustee
- Possible adjustment of certain secured claims
- Potential discharge of qualifying debts after plan completion
Important Commitments
- Make plan payments and comply with court orders
- Keep up with postfiling mortgage obligations when required
- Submit accurate financial disclosures and required tax returns
- Address motions, plan objections, and changed circumstances
Can Chapter 13 Stop a Utah Foreclosure?
Filing an eligible bankruptcy petition generally stays a pending foreclosure, but timing is critical. If a foreclosure sale has already been completed, rights may be very different. In an appropriate Chapter 13 plan, a homeowner can propose curing prefiling mortgage arrears over time while making ongoing mortgage payments. The automatic stay is subject to statutory exceptions, repeat-filing limitations, and motions for relief.
Chapter 13 and Cars, Taxes, and Other Debts
Vehicle Loans
Plans may address arrears, payment terms, and in certain cases collateral valuation, subject to statutory purchase-money timing rules.
Priority Tax Debt
Many priority taxes must be paid in full through a plan unless an applicable exception or agreement applies. Tax liens need separate analysis.
Unsecured Claims
Unsecured creditors may receive less than full payment depending on income, nonexempt equity, applicable commitment period, and other rules.
How We Build and Maintain a Chapter 13 Plan
Our work includes evaluating disposable income, allowed deductions, secured-debt treatment, plan funding, exemptions, and claims. We also handle plan confirmation and, when needed, postconfirmation issues such as creditor payment disputes and proposed modifications.
Relevant official forms: Form 101 (petition), Form 106 (schedules), Forms 122C-1 and 122C-2 (Chapter 13 income/disposable income analysis, when applicable), and a Chapter 13 plan under applicable court rules.
Chapter 13 FAQs
How long do Chapter 13 payments last?
Most plans span three to five years, depending on statutory requirements and case facts.
Can I keep my house?
Often that is the goal, but it depends on foreclosure timing, the feasibility of curing arrears, ongoing payments, equity, and other facts.
Does Chapter 13 discharge child support?
No. Domestic support obligations generally survive, and current support and certain arrears receive special treatment.
Can I modify my payments if circumstances change?
In some situations, a postconfirmation modification may be available. Do not stop payments without obtaining legal advice and any required court approval.
Explore Your Bankruptcy Options
Chapter 7 Bankruptcy
Qualifying personal-debt discharge and property exemptions.
Chapter 13 Bankruptcy
Three- to five-year repayment plans and mortgage-arrearage solutions.
Chapter 11 Bankruptcy
Business reorganization and eligible Subchapter V cases.
Talk With a Utah Bankruptcy Attorney
Get a case-specific review of your debts, assets, income, and available options. Contact Rogers & Russell to request a free consultation.
Call 801-899-6064Request a ConsultationRogers & Russell, PLLC · Salt Lake City • Pleasant Grove • St. George, Utah · 801-899-6064
General information, not legal advice. Bankruptcy eligibility, property protection, discharge, and the automatic stay depend on the facts, applicable law, and court orders. Results are not guaranteed. Contacting the firm alone does not create an attorney-client relationship.
Bankruptcy Advertising Disclosure: We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.