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Douglas Barrett received his undergraduate degree from Brigham Young University (BA '93), holds a certificate in International Law from the University of the Pacific, McGeorge School of Law ('99) and is a graduate of Whitter Law School (JD '00).
During law school he was an extern Law Clerk to the Hon. James N. Barr, United States Bankruptcy Court for the Central District of California. After graduating from Whitter Law School, he served as Law Clerk to the Hon. Lee M. Jackwig, United States Bankruptcy Court for the Southern District of Iowa.
Upon completing this clerkship, he returned to his home town to open a law office catering to the individual needs of his clients. Having been raised most of his life in Utah, he understands the unique social, business, and legal community of the State of Utah.
He is a member of the National Association of Consumer Bankruptcy Attorney's (NACBA), the Utah Bar Association (UBA), and the Central Utah Bar Association (CUBA). He was recently recognized for the seventh consecutive year as one of the Legal Elite TM Bankruptcy Attorneys in the State of Utah, by his peers, in Utah Business Magazine (January 2006, January 2007, January 2008, January 2009, January 2010, January 2011, January 2012).
Law Office of Douglas Barrett, LLC
1149 W. Center Street
Orem, UT 84057
801-221-9911
dbarrett@dlblaw.com
www.dlblaw.com
Press Release
For Immediate Release
Orem, UT - Douglas L. Barrett of Orem has been named for the seventh consecutive year as one of the top bankruptcy lawyers in Utah in a recent poll conducted by Utah Business, a state-wide publication. The announcement was made in the January 2012 Edition of the magazine. The "Legal Elite" represent those Utah lawyers who their peers believe are the very best in their respective areas of practice.
Barrett was selected for his expertise in "Bankruptcy Law" Barrett received his undergraduate degree from Brigham Young University at Provo in 1993 and graduated from Whittier Law School in 2000, where he was a distinguished member of the Moot Court Honors Board. During law school he interned as a Law Clerk for the Hon. James N. Barr, U.S. Bankruptcy Court Judge for the Central District of California. After graduation from law School he served as Law Clerk for the Hon. Lee M. Jackwig, Chief Judge U.S. Bankruptcy Court for the Southern District of Iowa.
Mr. Barrett opened his own bankruptcy practice in Orem in 2001. He is well known for his aggressive representation of consumer debtors. During the past several years he has helped hundreds of people file for bankruptcy protection in the U.S. Bankruptcy Courts. He is a member of the National Association of Consumer Bankruptcy Attorneys and has been a frequent speaker on consumer bankruptcy law and personal finance issues throughout the state.
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If after confirmation of a Chapter 13 Bankruptcy plan, circumstances arise that prevent the debtor from completing the plan the debtor may be able to obtain a hardship discharge. In such situations, the debtor may ask the court to grant a "hardship discharge." 11 U.S.C. § 1328(b). Generally, such a discharge is available only if: (1) the debtor's failure to complete plan payments is due to circumstances beyond the debtor's control and through no fault of the debtor; (2) creditors have received at least as much as they would have received in a chapter 7 liquidation case; and (3) modification of the plan is not possible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge.
In Chapter 7 the hardship discharge is more limited than the discharge described above and does not apply to any debts that are nondischargeable. 11 U.S.C. § 523. More information on Utah bankruptcy can be found at www.bankruptcyprovo.co
Yes. Actually there are two required classes you must complete in a Utah bankruptcy. The first class, Credit Counseling, informs you of all your options and advises you if bankruptcy is a good option. This class can be taken over the internet. This must be completed at least a day before your case can be filed with the bankruptcy court. See www.cricketdebt.com for more information on classes and class content.
After your case is filed, you must complete a Financial Management class. This class will help you learn to budget your money, avoid the pitfalls that may have led to your bankruptcy filing, and help you to re-establish credit in the future. This course is also offered over the internet and must be completed before your case is over. If you fail to take the class you will be denied your discharge of debt in your bankruptcy. The Law Office of Douglas Barrett, LLC located in Orem, Utah can help you find the class that is right for you to file your Utah bankruptcy. Visit us on the web at www.dlblaw.com
One of the most common issues that my clients have is that they want to file for bankruptcy but they don’t have the money to do so. Here are a couple options on how you can get money to pay your attorney:
Stop Paying Certain Bills:
If you are going to file for bankruptcy then there is little or no need for you continue to pay some bills. Stop paying some of your unsecured debts, mostly your credit cards, and save that money to use for an attorney. Don’t stop paying your utility bills, insurance, car payments (unless you are going to surrender the vehicle), or mortgage (unless you are going to surrender the home).
Sell some Assets:
If you don’t have the necessary money in the bank then you could sell some of your assets in order to file for bankruptcy. Don’t sell these assets at below fair market value or to friends and family members. If you have an mutual funds or stock accounts then you could sell or liquidate them to pay for your bankruptcy legal fees.
Ask Friends and Family to Help:
If you cannot come up with the money on your own then it may be time to call upon family and friends for a favor. Inform them of your situation and ask them if they would be willing to help you out.
It is well worth the effort to come up with the money to pay for your bankruptcy legal fees. Having your case done right with a successful outcome is well worth the price. More information on filing bankruptcy in Provo can be found at www.Bankruptcyprovo.co .
The Judicial Conference of the United States adopted a new court fee schedule on September 13, which will become effective November 1, 2011. The revenue generated by the fee change will go into the Judiciary’s budget.
The new filing fees will be:
· Chapter 7: $306.00
· Chapter 11: $1046.00
· Chapter 13: $281.00
More Information on Utah Bankruptcy can be found at www.dlblaw.com
The Principal Paydown Plan calls for a restructuring in Chapter 13 bankruptcy of certain underwater mortgages.
Under this approach, homeowners will be able to eliminate negative equity, acquire modest equity and then reamortize the mortgage into a market rate loan. The reduction of principal is not achieved by a cramdown, but rather by temporarily reducing the interest rate to 0% so that all payments made by the homeowner are applied to pay down the principal. In exchange for this benefit, the homeowner would have to agree to a general settlement of claims against the servicer, trustee and investor. This Plan will achieve a significant improvement in the overencumbered status of the home; provide needed and justifiable hope for the homeowner, many of whom have a legitimate claim against the servicer; and stabilize individual communities across the country, as well as the overall housing market.
This legislation is being sponsored by NACBA the National Association of Consumer Bankruptcy Attorneys. More information on Chapter 13 Bankruptcy in Utah can be found at www.utahchapter13.com
PRESS RELEASE
For Immediate Release
Orem, UT – The Law Office of Douglas L Barrett, LLC announced the launch of their newest website www.Bankruptcyprovo.co . The new site is geared to our clients in Provo Utah seeking up to date information on Utah Bankruptcy matters and Bankruptcy matters in general. The site includes video information and includes a link to download Attorney Douglas Barrett’s latest book The insider’s guide to filing bankruptcy in Utah. This site joins the other informational sites provided by Mr. Barrett’s law office.
Barrett received his undergraduate degree from Brigham Young University at Provo in 1993 and graduated from Whittier Law School in 2000, where he was a distinguished member of the Moot Court Honors Board. During law school he interned as a Law Clerk for the Hon. James N. Barr, U.S. Bankruptcy Court Judge for the Central District of California. After graduation from law School he served as Law Clerk for the Hon. Lee M. Jackwig, Chief Judge U.S. Bankruptcy Court for the Southern District of Iowa.
Mr. Barrett opened his own bankruptcy practice in Orem in 2001. He is well known for his aggressive representation of consumer debtors. During the past several years he has helped hundreds of people file for bankruptcy protection in the U.S. Bankruptcy Courts. He is a member of the National Association of Consumer Bankruptcy Attorneys (NACBA) and has been a frequent speaker on consumer bankruptcy law and personal finance issues throughout the state.
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The following are tips that can help you succeed at a Utah Chapter 13 Bankruptcy:
· Make all plan payments on time;
· Keep your mortgage payments current, and the car - if that is being paid outside of the plan;
· Take the required Personal Financial Management class early in your Plan period;
· If you owe child support or alimony/maintenance you cannot fall behind on any payments. At least by the end of the plan period all such payments must be current. The Debtor must file a certificate that these obligations are current, otherwise the Court will not enter a discharge;
· Do not fall behind on new tax obligations during the plan period;
· Don't incur significant new debt without court approval;
· Keep current insurance on any asset that is collateral for a debt;
· Provide the Trustee with information about change in income;
· Provide the Trustee with copies of annual tax returns.
More information on Orem Utah Chapter 13 Bankruptcy can be found at my website www.utahchapter13.com
Prior to filing for bankruptcy protection I suggest you obtain your credit reports. You are entitled to a free credit file disclosure (credit report) once every 12 months from each of the three nationwide consumer credit reporting companies: Equifax, Experian and TransUnion.
You may request your free credit reports online at www.annualcreditreport.com . You will be asked questions to authenticate your identity such as creditor names, loan payment amounts, employers and addresses. If you cannot obtain your free credit reports online, you may request your report by phone or request your report through the mail. Free credit reports requested by phone or mail will be processed within 15 days of receiving your request. To request your credit report by phone, call 1-877-322-8228. You will go through a simple verification process over the phone. Your reports will be mailed to you within 15 days. To request you credit report by mail, download the request form, print and complete the form, mail the completed form to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
More information on filing for bankruptcy in Utah can be found at my website www.utahchapter7.com
