Monthly Archives: October 2019

Where do I pay my bankruptcy court filing fee in Utah?

You’ve got a few options. Just remember that if you are late, your case gets dismissed!

When you file bankruptcy, you are required to pay a filing fee to the court (generally $310 for a chapter 13 or $335 for a chapter 7). Some people pay it up front, but most people make those payments in installments to the court after filing. Here is the court website dealing with filing fees:

So let’s say that you filed a chapter 7 today, you could pay the court filing fee as follows:

$100 in 2 weeks

$100 in 4 weeks

$135 in 8 weeks.

The big problem arises when people actually try to make the payment. Here are the payment options that they will accept:

cash, and U. S. Postal Service money orders, cashier’s checks, travelers checks (payable to U.S. Bankruptcy Court), attorney or law firm checks (payable to the U.S. Bankruptcy Court) and American Express, Discover, MasterCard, and VISA for payment of fees.

Here is where you can make the payment:

  1. Online — There is NO online option. No, you cannot pay it online.
  2. Phone — You can call the bankruptcy court clerk at 801-524-6687 and make your payment over the phone using a debit card or someone else’s credit card. Just remember that they close their office by (or a little before) 4:30 p.m.
  3. Mail — If you really want to trust the vagaries of using actual snail mail, just make sure that you send it on time, with the right address, with the right amount. Please note that it’s a bad idea to try to pay through the mail.
  4. In Person — You can drive to the Bankruptcy Court at 450 S. Main, Salt Lake City, UT 84101, go through the security checkpoint, and pay the clerk in person on the third floor at the clerk’s office.
  5. Your Attorney — This might seem like a great idea for you: pay your attorney and he’ll make the payment for you. It’s not really a good idea at all. If you drive to your attorney’s office on the day the payment is due with cash in hand, he may or may not be in and may or may not have this payment on his radar. Pay it yourself; it’s much safer.

Honestly, just pay them over the phone the day before the payment is due. It’s clean and simple.

What are the current firearm (gun) exemptions in bankruptcy for Utah (2019)?

Much, much better than they were.

Now, I can protect any three guns of any value.

Three .22s you use to take the scouts out shooting, 3 shotguns because you really like having a sore shoulder on weekends, or even 3 Barrett 50 caliber sniper rifles (even though I’d wonder what kind of varmits you were hunting with those!).

i met with a client today who had retained a different attorney for his Chapter 7 Bankruptcy. That attorney doesn’t handle many bankruptcies, and he told the client that he could protect one of each type of gun (shotgun, pistol, rifle). The client had 2 shotguns and a handgun, and the attorney directed him to sell off on of the shotguns or risk losing it. The attorney was wrong.

The law states “any three of the following….” “Any” is a pretty broad word.

Here is the actual statute:

78B-5-505.  Property exempt from execution.

except for curio or relic firearms, as defined in Section 76-10-501, any three of the following:
(A) one handgun and ammunition for the handgun not exceeding 1,000 rounds;
(B) one shotgun and ammunition for the shotgun not exceeding 1,000 rounds; and
(C) one shoulder arm and ammunition for the shoulder arm not exceeding 1,000 rounds;