Utah Bankruptcy Records Online

Are Bankruptcy Records Public Information in Utah?

Per the Freedom of Information Act (FOIA), which grants everyone the opportunity to obtain information available in government reports, Utah bankruptcy proceedings are open to any member of the public. The documents filed in bankruptcy case records are public records unless sealed. The court has the authority to redact some facts about the individual's personal information found in the bankruptcy record, such as social security numbers or bank account numbers listed in bank statements. Details of juveniles included in these papers will also be redacted when they are disseminated.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

A complete name of the debtor involved in the record
A bankruptcy case number

How to Get Utah Bankruptcy Records

In Utah, bankruptcy records are readily available on request at the courthouse. Interested members of the public can simply visit the courthouse or submit a written request via mail to the clerk’s office. This request must include the inquirer's name, the case number or debtor's name, and a detailed description of the document needed. Requesters should send their mail requests to the following address:

United States Bankruptcy Court District of Utah
Frank E. Moss US Courthouse
350 South Main Street 3rd Floor
Salt Lake City, UT 84101

There is free access to the public computers at the courthouse to access bankruptcy records. It costs $0.10 per page to print documents from the public computers and $0.50 to print from the clerk's office. Interested members can also request for the certified documents to be sent by mail. It costs $11 per certified copy plus the usual cost of printing.

Furthermore, members of the public can view these records online through PACER (Public Access to Electronic Records). An interested person must first register for a PACER account with a username and password. After which, the person can access docket entries, case summaries, and every other document connected to a bankruptcy case by providing the case number or the petitioner's name.

How to File for Bankruptcy in Utah

Bankruptcy in Utah describes a legal proceeding in a federal court where individuals or entities can seek relief from most or all debts. Persons or entities for bankruptcy in Utah must adhere to the steps and guidelines outlined in the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure. For instance, the Bankruptcy Code requires debtors to file for bankruptcy at the bankruptcy court in the federal district overseeing their regions. In Utah, there is only one federal district handling all bankruptcy cases in the state.

Under the Bankruptcy Code, persons or entities filing for debtors are referred to as debtors. Furthermore, debtors are eligible to file for bankruptcy under different chapters in the Bankruptcy Code. For example, the Chapter 7 bankruptcy enables debtors to liquidate assets to pay off creditors. In comparison, a chapter 11 and 13 bankruptcy allows debtors to keep their properties and repay debts over a certain period.

What are Utah Bankruptcy Records?

In Utah, bankruptcy records are documents with detailed financial information about individuals or corporations that filed for bankruptcy. Bankruptcy lawsuits include various types of court proceedings regarding debt-restructuring arrangements, debt elimination, and asset distribution. Bankruptcy cases are federal cases managed by federal courts. The District of Utah Bankruptcy Court is responsible for creating and maintaining bankruptcy records in Utah. These records are kept at the court but are also accessible through PACER, the federal courts' online records database. Utah bankruptcy records are also available through third-party sites.

How Do You Qualify for Bankruptcy in Utah?

Under the Bankruptcy Code, all residents of Utah can qualify for bankruptcy, depending on factors such as income level, debt requirements, and desired outcomes. In contrast, bankruptcy courts in Utah also enable creditors to file for chapter 7 or 13 bankruptcy on behalf of a debtor. Bankruptcy courts will only approve bankruptcy filed by more than two creditors.

In Utah, debtors must satisfy the necessary financial requirements or debt level before filing under a bankruptcy chapter. To qualify for chapter 7 bankruptcy, debtors must earn below the state’s median income level for their household. Individuals or entities filing a chapter 13 bankruptcy must owe less than $419,275 in unsecured debts and $1,257,850 in secured debts. Also, debtors must have the financial strength to repay debts within a set period. On the other hand, farmers filing a chapter 12 bankruptcy must owe a maximum of $4,153,15 in debts, and 50 percent of the debt must come from farming operations.

What Type of Bankruptcy Should You File in Utah?

In Utah, individual and non-individual debtors must file for bankruptcy based on their desired outcome. Persons who want total and fast relief from all unsecured debts must file a chapter 7 bankruptcy. However, persons or entities who want to avoid liquidation and remain in control of their assets can file either Chapter 11 or 13 bankruptcy depending on their preferences.

What Do Utah Bankruptcy Records Contain?

The contents of bankruptcy records in Utah differ by the chapter of the case but generally include the following information:

Case number
Date when the case was filed
Name of the petitioner
Chapter of bankruptcy filed
Name, address, and phone number of the debtor's lawyer
Details of court-assigned trustee
Details of the judge presiding over the case
Total amount of assets belonging to the debtor
Total amount of liability and a list of creditors containing names and addresses
Status of the case
Classification of the bankruptcy petition (voluntary or non-voluntary)
Other related case information

Where to Conduct a Free Bankruptcy Case Search in Utah

The bankruptcy court in Utah also has a Multi-Court Voice Case Information System (McVCIS), which allows members of the public to phone in and access information on any case. The caller is allowed as many as five searches per call, and bankruptcy information can be accessed by entering a case number or debtor's name using a phone's keypad. Access to this system is available 24/7, and it is completely free of charge.

How Do I Find Out if My Bankruptcy Case is Closed in Utah?

To find out if a case is closed in Utah, an individual can use the simple case look up to search the court's database. This search feature enables parties to follow a bankruptcy case as the bankruptcy court updates this database daily. Other information provided through the search site includes the schedule of the 341 meetings, information on the trustee and lawyer connected to the case, the date when the case will be discharged or dismissed, and other details about the bankruptcy case. Individuals can access this information using any of the following:

The case number
The debtor's social security number (last four digits)
The debtor's name, or for a corporation, a business name

Can a Bankruptcy Be Expunged in Utah?

The term "expunging bankruptcy records" refers to the court's decision to exclude certain records from public examination or duplication. It is possible to file a petition to dismiss a bankruptcy case in Utah, but the federal court judge is unlikely to grant the request. There are no clear forms for expunging bankruptcy cases under federal bankruptcy rules, but judges have the power to do so as they see fit. Judges can also order the expungement of documents or materials considered defamatory, libelous, or dangerous.

If an expungement order is not an option, a court judge may redact information from a party's bankruptcy record. One way to make a bankruptcy record more difficult to find is to exclude the debtor's name. Judges may also declare a case record to be false or "null and void" without ordering an expungement. The case would remain as part of the court's records, but requesting parties will be directed to ignore it, according to a note.

Where and How to File for Bankruptcy in Utah

All bankruptcy cases in Utah are filed with the clerk of the bankruptcy court at the address below:

Bankruptcy Clerk
361 U.S. Courthouse
350 South Main Street
Salt Lake City, UT 84101
Phone: (801) 524-6687

Persons or entities filing for bankruptcy in Utah are advised to attend a credit counseling course from an accredited agency. Attending a credit counseling course enables debtors to determine if filing bankruptcy is their best alternative. Also, debtors must complete a credit counseling course within 180 days before filing for bankruptcy in Utah.

After completing the credit counseling course, debtors must file for bankruptcy with or without the help of an attorney. Only individual debtors can file for bankruptcy without the aid of an attorney (Utah Local Rule 9011-2(a)). Nevertheless, since bankruptcy forms and proceedings are technical, using the services of an attorney when filing for bankruptcy increases the chance of success.

Debtors must take the means test to determine their eligibility to file under a chapter 7 or 13 bankruptcy. However, debtors with low consumer debt and veterans are exempt from taking the mean test.

In Utah, persons or entities must file for bankruptcy at the bankruptcy court where their business or residence is domiciled. The bankruptcy court in Utah requires debtors to submit the following documents:

Voluntary petition Form 101B
Declaration About an Individual Debtor’s Schedules (Form 106Dec)
Exempted properties (Form 106C)
Expenses for Separate Household of Debtor 2 (Form 106J-2)
Summary of Debtor’s Assets and Liabilities (Form 106S)
Statement of Financial Affairs for Individuals (Form 107);
Creditors Who Have Unsecured Claims (Form 106E/F)
Debtor’s Expenses (Form 106J)
Unexpired Leases/Executory Contracts (Form 106G)
Schedule A/B for individual debtors (Form 106A/B)
Creditors Who Have Claims Secured by Property (Form 106D)
Debtor’s income Statement (Form 106I)
Your Co-debtors (Form 106H)

In addition, individual and non-individual debtors must include documents particular to the type of bankruptcy petition. To avoid getting the bankruptcy case dismissed, debtors must provide a complete list of all creditors and input information on all income and liabilities. In addition, the court requires debtors to give data on all tax returns for the last two years before filing a petition. The court may appoint a bankruptcy trustee depending on the type of the bankruptcy petition and the debtor’s conduct when creating a repayment plan. Furthermore, persons must pay a filing fee during a bankruptcy petition. Note that the filing fee for a bankruptcy petition in Utah mainly depends on the type of bankruptcy chapter. Moreover, debtors may opt to pay the fee in installments or waive it completely.

What are the Downsides of Filing for Bankruptcy in Utah?

Filing for bankruptcy in Utah features serious setbacks, such as a negative remark on the debtor’s credit report for several years. A negative remark affects the debtor’s credit scores and prevents them from accessing low-interest loans from credit facilities. Other disadvantages of filing a bankruptcy petition in Utah include:

Experiencing discrimination from employers or landlords. Since bankruptcy petitions are public records, debtors may face difficulties when applying for a new job or renting new places;
Filing for bankruptcy has a mental toll on debtors. Debtors may experience stress, anxiety, depression, and may negatively impact a debtor’s physical health;
In chapter 11 or 13 bankruptcy, debtors must repay most debts over a three to five-year timeframe. Thus, debtors are left with low disposable income during the repayment period;
Co-signers to a loan may be affected when the debtor files for bankruptcy. In a chapter 7 bankruptcy petition, co-signers must repay part of the debtor’s loans unless they apply for bankruptcy protection.

Despite the downsides of filing for bankruptcy in Utah, bankruptcy petitions come with these benefits:

During a bankruptcy case, all the debtors’ assets and properties are protected against all repossession efforts by creditors;
Through the state bankruptcy exemption law, bankruptcy courts in Utah also enable debtors to exempt specific properties from liquidation;
Debtors filing a chapter 11 or 13 bankruptcy can continue to operate or function without liquidating assets;
A bankruptcy petition allows debtors to discharge many unsecured debts like medical bills and credit card debts.

What is Chapter 11 Bankruptcy in Utah?

A chapter 11 bankruptcy petition refers to a legal proceeding via which debtors can reorganize debts, remain in operation, and create a repayment plan. Per Section 1107 of the Bankruptcy Code, debtors in a chapter 11 bankruptcy petition can act as a fiduciary, with the rights of a chapter 11 trustee. In other words, the debtor remains in control of all assets and properties and is responsible for fulfilling the following duties:

Accounting for all properties and assets;
Examining and objecting to claims filed by creditors;
Must file monthly operating costs and other informational reports as required by the bankruptcy court. 11 U.S.C. §§ 1106, 1107; Fed. R. Bankr. P. 2015(a)

With the court’s approval, debtors filing a chapter 11 bankruptcy have the right to employ auctioneers, appraisals, attorneys, and other professionals needed to assist the debtor. Moreover, bankruptcy courts in Utah may use a bankruptcy trustee to monitor the debtor’s compliance to the above-listed duties and responsibilities.

Who Can File a Chapter 11 Bankruptcy in Utah?

Persons and entities, such as corporations, partnerships, and sole proprietorships, can file a chapter 11 bankruptcy in Utah. Persons who do not want to liquidate their assets or have too much debt to qualify for a chapter 13 bankruptcy are eligible to file under this type of bankruptcy. However, debtors filing a chapter 11 bankruptcy must not have secured or unsecured debts above $1,184,200 and $394,725, respectively.

How to File a Chapter 11 Bankruptcy in Utah

In Utah, debtors can commence a chapter 11 bankruptcy by filing a bankruptcy petition at the bankruptcy court in their jurisdiction. However, in the case of an involuntary petition, two or more creditors can force a debtor to file for bankruptcy. Persons or entities filing a voluntary petition must take a credit counseling course in-person or via phone call at an accredited agency. Debtors must present the certificate alongside other necessary documents to the clerk of the bankruptcy court in Utah. The following documents are required when filing a chapter 11 bankruptcy:

Voluntary petition Form 101B;
Amendment Declaration Cover Sheet;
Statement of Social Security Number (Official Form 21);
List of Equity Security Holders;
Names and addresses of creditors in alphabetical order;
Verification on behalf of the corporation (Official Form 2);
Statement of Financial Affairs (Official Form 7);

Debtors filing without the aid of an attorney can check the minimum checklist for necessary documents via an online list. In addition, debtors may also download specific documents for filing a chapter 11 bankruptcy on the Utah bankruptcy court’s online platform.

What are the Benefits of Filing a Chapter 11 Bankruptcy in Utah?

In Utah, filing a chapter 11 bankruptcy enables debtors to spread repayment over a court-approved period. Thus, debtors can avoid liquidation of their assets during bankruptcy. In addition, bankruptcy courts issue an automatic stay against all creditors’ repossession of the debtor’s assets.

How Long Does a Chapter 11 Bankruptcy Stay on Record?

After filing for bankruptcy, a chapter 11 bankruptcy may last for ten years on a debtor’s credit report.

What is Chapter 7 Bankruptcy in Utah?

Also referred to as liquidation bankruptcy, a chapter 7 bankruptcy in Utah enables debtors to discharge almost all unsecured debts like medical bills and personal loans. This type of bankruptcy petition does not discharge unsecured debts like student loans, alimony, child support payments, and personal loans obtained fraudulently. In a chapter 7 bankruptcy case, a bankruptcy court appoints a trustee to oversee the sales of the debtor’s non-exempted properties. Furthermore, the trustee distributes the proceeds from the sales to creditors, collects a commission fee, and transfers any remaining value to debtors.

Who Can File a Chapter 7 Bankruptcy in Utah?

Under bankruptcy laws, individual debtors, including couples, must pass the means test before filing a chapter 7 bankruptcy. The means test considers the debtor’s monthly income for six months prior to filing for bankruptcy. Therefore, debtors pass the means test when their monthly income is lower than the state median income for the debtor’s household. The median income level for Utah is listed below:

$49,347.00 for a one-member home;
$57,734.00 for a two-member home;
$65,311.00 for a three-member home;
$70,176.00 for a 4-member home;
$78,276.00 for a 5-member home;
$86,376.00 for a 6-member home;
$94,476.00 for a 7-member home;
$102,576.00 for an 8-member residence;
$110,676.00 for a 9-member home;
$118,776.00 for a 10-member home.

How to File a Chapter 7 Bankruptcy in Utah

Debtors filing a chapter 7 bankruptcy in Utah must take the means test and complete a credit counseling course at an accredited agency. Debtors must file the following documents with the clerk of the bankruptcy court in Utah:

A credit counseling certificate;
A voluntary petition (Form 101B);
List of creditors’ names and addresses;
Statement of Intention (for individual debtors);
Official Form 2030 (Attorney’s Disclosure of Compensation);
Official Form 122B (statement of debtor’s monthly income)
Schedules A through J;
A copy of the debtor’s tax returns;
Summary of Assets and Liabilities;
List of Equity Security Holders;
Statement of Financial Affairs;

Furthermore, debtors must include state-specific chapter 7 bankruptcy forms on the bankruptcy court’s online platform. New petitions for a chapter 7 bankruptcy cost $338, while motions to reopen a chapter 7 bankruptcy cost $260.

What are the Benefits of Filing a Chapter 7 Bankruptcy in Utah

Persons or entities filing a chapter 7 bankruptcy in Utah will get total relief from most unsecured debts. In addition, debtors may keep specific properties and assets from liquidation due to the state’s bankruptcy exemption laws. Another significant upside is that it takes three to four months for the court to discharge all debts in a chapter 7 bankruptcy.

How Long Does a Chapter 7 Bankruptcy Last on Record?

A chapter 7 bankruptcy filed in Utah can last for ten years after the filing date. In addition, interested members of the public can access these bankruptcy records.

What is Chapter 13 Bankruptcy in Utah?

A chapter 13 bankruptcy is a legal proceeding that enables debtors to repay debts from future earnings. In a chapter 13 bankruptcy, the debtor assumes control of all assets and creates a repayment plan to pay off creditors. To repay debts, debtors must make a repayment plan by considering their disposable income, expected future earnings, and the value of non-exempt properties and assets. Thus, debtors must pay the proposed amount out of their monthly income once the courts approve the repayment plan.

Who Can File a Chapter 13 Bankruptcy in Utah?

Individuals and entities, excluding LLCs or corporations, can file for a chapter 11 bankruptcy in Utah. Additionally, debtors filing a chapter 13 bankruptcy must meet the following criteria:

Debtors filing a chapter 13 bankruptcy must have secured debts not exceeding $1,184,200 and unsecured debt, not more than $394,725;
Persons or entities can file for chapter 13 bankruptcy if they want to protect valuable non-exempt properties from liquidation;
Also, debtors must take the means test before filing a chapter 13 bankruptcy. According to the means test, persons with a high disposable income are eligible to file a chapter 13 bankruptcy.

To file for a chapter 13 bankruptcy, debtors must tender state and federal tax payments to the bankruptcy court.

How to File a Chapter 13 Bankruptcy in Utah?

Under Bankruptcy Code, persons or entities must complete a credit counseling course via phone or in-person at legally approved centers. Debtors must complete the course at least six months before filing for bankruptcy. At the bankruptcy Court in Utah, debtors must file the following documents alongside their voluntary petition:

Furthermore, debtors can access an online list of all required documents via the state’s bankruptcy platforms. New petitions for a chapter 13 bankruptcy cost $313, while motions to reopen a chapter 13 bankruptcy cost $235.

What are the Benefits of Filing a Chapter 13 Bankruptcy in Utah?

A chapter 13 bankruptcy is an excellent option for debtors that want to avoid liquidation - it enables them to protect both exempt and non-exempt assets. Other benefits of filing a chapter 13 bankruptcy include:

Debtors can file for chapter 13 bankruptcy at any time, and repeatedly if the case was dismissed;
In a chapter 13 bankruptcy, the debtor acts as the bankruptcy trustee and creates a repayment plan.
Also, debtors can avoid losing any of their properties during a chapter 13 bankruptcy case.

How Long Does a Chapter 13 Bankruptcy Last on Record?

A chapter 13 bankruptcy filed in Utah can last for seven years after the filing date. In addition, interested members of the public can access these bankruptcy records.

What are the Differences Between a Chapter 7 and 13 Bankruptcy in Utah?

In Utah, chapter 7 bankruptcy differs from a chapter 13 bankruptcy petition in the following aspects:

In a chapter 7 bankruptcy case, the court appoints a bankruptcy trustee to sell off non-exempt assets. In contrast, persons filing a chapter 13 bankruptcy can keep all their properties, including non-exempt assets.
A Chapter 7 bankruptcy case does not exempt co-signers from repaying part of the debtor’s loans, while co-signers in a chapter 13 bankruptcy are not liable to refund part of the debtor’s loan;
Only persons with a steady and high disposable income can apply for a chapter 13 bankruptcy in Utah. On the other hand, debtors earning less than the state’s median income level are eligible to file a chapter 7 bankruptcy.
Besides enabling debtors to retain their assets, debtors in a chapter 13 bankruptcy can spread the repayment of unsecured debts over an extended period. However, in a chapter 7 bankruptcy, a bankruptcy trustee liquidates the debtor’s assets to pay off creditors.

What is Bankruptcy Protection in Utah?

In Utah, the bankruptcy court issues bankruptcy protection or automatic stay against all liens and appeals filed by creditors to repossess the debtor’s assets. Also, the court order prohibits creditors from calling or contacting debtors in any way during a bankruptcy case. In addition to this, service providers are temporarily prevented from discontinuing their services to the debtor. Debtors should note that bankruptcy protection does not stop tax audits or other types of tax proceedings. The IRA and job-related pensions are not affected by bankruptcy protection. Therefore, these agencies can continue to withdraw money from a debtor’s account to repay loans.

What are Utah Bankruptcy Exemptions?

The Utah bankruptcy exemptions protect certain properties and assets from liquidation during a chapter 7 bankruptcy case. For example, debtors can exempt up to $42,000 in equity in any landed property if it is their primary residence. Furthermore, debtors can exempt up to $5,000 in real estate if it is not their primary residence.

Under §78B-5-505 and §78B-5-506, debtors can exempt personal properties, such as books, musical instruments, artworks depicting a family member, health aids, and family heirlooms. Furthermore, Utah bankruptcy exemption covers insurance benefits, compensation benefits, unemployment benefits, and veteran benefits. Spousal payments and child support are also exempt under the state bankruptcy exemptions.

What are the Other Types of Bankruptcy in Utah

Persons and entities can also file a chapter 12 bankruptcy in Utah. Under the Bankruptcy Code, the chapter 12 bankruptcy is designed for persons and entities in the fishing and farming industry.