Copyright is a form of intellectual property (often referred to as “IP”). Other forms of intellectual property include trademarks, designs, and patents. These categories refer to different kinds of ideas which may not exist in a physical form that can be owned as property in the traditional sense, but may nonetheless have value to the people who created them. These forms of intellectual property can be owned in the same way that physical property is owned, but – as with physical property – they can be subject to dispute and proper documentation is required to prove ownership. The different types of intellectual property divide into these categories as follows: The specifics of the legal protection surrounding these various forms of intellectual property will vary from nation to nation, but there are also generally international conventions to which a lot if not most of the nations of the world subscribe. The information provided below outlines the common situation in many countries but you should be aware that this may not reflect the exact situation in every territory. The two types of intellectual property most relevant to writers are copyright and trademarks. If a writer has written a novel, a short story, a poem, a script, or any other piece of writing then the contents themselves can be protected by copyright. The title, however, cannot be protected by copyright as it is a name. An author may therefore feel that they wish to consider protecting the title of their work by registering it as a trade mark, if they feel that it is particularly important and/or more valuable in itself than the cost of registering a trade mark. If a writer wants to register the copyright for their work, or register the title of their work as a trade mark, there are generally registration fees to be paid. Despite the fact that copyright covers long works that could be hundreds of thousands of words long, while trademarks cover single words and short phrases, the cost for registering a trade mark is likely to be many times higher than that for registering a work for copyright protection. This is because trademarks must be unique and are checked against existing trade marks for potential conflicts. While works to be registered for copyright must also not infringe existing works, it is not practical to check the huge volume of new works to be registered for copyright against the even larger volume of all previously copyrighted works. Copyright registration therefore tends to simply archive the work in question as proof of the date at which the person registering the work was in possession of it. In the case of both copyright and trade marks the law generally provides some protection even without any kind of registration, but registration provides the owner of the intellectual property with greater and more enforceable protection. In the case of copyright, the creator of a work usually automatically owns the copyright as soon as the work is recorded in some way (i.e. by writing it down or recording it electronically, etc.), however these rights can be difficult to prove if disputed, and therefore many countries (such as the United States) also offer an internal country-specific means of registering works. Some countries, like the United Kingdom, do not offer any such means of registration, however an international registration is available through the Intellectual Property Rights Office’s Copyright Registration Service, and can be used regardless of any country-specific provisions. This can help protect copyright in all of the nations which are signatories of the Berne Convention (click here for a full list). In the case of trade marks, the symbol “” can be applied to any mark which is being used as a trade mark, however greater protection is provided if this mark is registered, in which case the symbol “®” can be applied to the mark. It is often illegal to apply the “®” symbol to a trade mark which has not been registered. There are also options for international registrations of trade marks, which are administered by the World Intellectual Property Organization, however applications cannot be made to the WIPO directly – applications must be made through the relevant office of the applicant’s country Proper use of the copyright symbolThis page explains how to apply copyright notices to your work, and what the requirements and implications are. The first thing to note is that for copyright there is only one form of the symbol (©), unlike trademarks, where there is a symbol for registered trademarks (®) and a symbol for unregistered trade marks (). You can place the copyright symbol on any original piece of work you have created. The normal format would be to include alongside the copyright symbol the year of first publication and the name of the copyright holder, however there are no particular legal requirements regarding this. While it has historically been a requirement in some jurisdictions to include a copyright notice on a work in order to be able to claim copyright over it, the law does not allow such restrictions, and so any country signed up to the convention no longer has this requirement. However, in some jurisdictions failure to include such a notice can affect the damages you may be able to claim if anyone infringes your copyright. Should I Copyright or Trademark My Logo?There’s a ton of confusion around the question, “Can I copyright my logo?” To answer this question appropriately, it’s important to first identify the scope of protection you may be seeking, by distinguishing between trademarks and copyrights. Each type of legal registration serves different purposes, are obtained differently, and provide different types and levels of protection. Generally, if you’re using your logo in relation to your business and you’re selling goods or services utilizing the logo, filing a trademark application should be at the top of your priority list. A trademark registration protects your consumer’s recognition of your logo identifying you as the source of your goods or services. You don’t want your consumers confused about this. On the other hand, if your logo is unique and utilized in other ways aside from just selling your goods or services, you may want to also consider filing a copyright application for additional protection. A copyright registration protects the distinctive nature of your logo from being copied; as though it were a piece of art. Let’s take a minute to break down the differences between copyright protection and trademark protection so that we can help you identify the protection you need. Both forms of protection are usually available for a logo, protect different against different kinds of risks, and, depending on the circumstances, can likely be done properly by a good IP lawyer for under $800 or so. You can also get both forms of protection for $0 due to the fact that they both arise automatically under the law upon creation (copyright) and use in commerce (trademark). However, the benefits of registering your trademark or copyright — which is where the money comes in — usually are well worth the relatively small investment of money for a logo that will be a basis for a business’s branding. The one thing I would add to James’ answer is that, if the logo was not created by you or an employee of you or a company you own, you’ll need to have whoever designed it sign an assignment / work-for-hire agreement to transfer the copyright to you. The general rule is that when a third party creates a copyrighted work, that person or company owns the copyright in the work unless the right kind of written (not oral) agreement is signed. This is so even if you paid the person money for the logo design and both of you believe that the logo now belongs to you. It’s a somewhat counter-intuitive rule that trips up a lot of people’s efforts to protect their IP. What Does a Trademark Protect?A trademark is typically a word, phrase, symbol, design, or combination of those, that identifies and distinguishes the source of goods or services in the market. Your logo is a trademark that identifies the goods or services you’re selling with your brand. Filing an application to register your trademark with the U.S. Trademark Office allows you to protect your trademark and prohibit others from using it on similar goods or services. Typical items you might see with trademark protection include: What Does a Copyright Protect?Copyrights can be obtained to protect an “original work of authorship fixed in a tangible medium of expression” from being directly copied by someone else. If your logo is an original, unique design creation that you’re using in other ways aside from selling your goods and services (i.e. your business provides training services but you also have your logo on t-shirts and other swag), you might want to also file a copyright application. Free Initial Consultation with Logo Copyright LawyerWhen you have designed a logo or other intellectual property and you want to protect it, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Financial Misconduct In Utah Divorce Cases via Michael Anderson https://www.ascentlawfirm.com/is-it-necessary-to-copyright-a-logo/
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Because a foreclosure ultimately results in someone losing a home, courts take the process very seriously. If the servicer or current holder of the mortgage loan (called the “lender”) doesn’t strictly follow state law and act in accordance with the terms of the mortgage or deed of trust, you might be able to stop the foreclosure. Typical Foreclosure RequirementsIn most foreclosures, the servicer and lender must do some or all of the following to properly foreclose. (Although, the actual procedure will vary depending on the state and whether the foreclosure is judicial or non-judicial.) Foreclosing Party Must Meet Pre-foreclosure Loss Mitigation Requirements • inform the homeowner about mediation options For example, Utah law requires the servicer to personally contact the homeowner by phone or in person 30 days before recording a notice of default (the official start to the foreclosure process in that state) to assess the homeowner’s financial situation and explore options to avoid foreclosure. If the servicer can’t reach the borrower, it has to satisfy specific attempt requirements. Federal law also has specific pre-foreclosure loss mitigation requirements. A lender’s failure to comply with pre-foreclosure loss mitigation requirements might serve as a basis for challenging the foreclosure. Mortgages and Deeds of Trusts Often Require a Breach LetterMortgages and deeds of trusts often contain a clause that requires the lender to send a notice, commonly called a breach letter or demand letter, informing the borrower that the loan is in default before it can accelerate the loan and proceed with foreclosure. (The acceleration clause in the contract permits the lender to demand that the entire balance of the loan be repaid if the borrower defaults on the loan.) The breach letter generally must specify: The Lender Must Follow State ProceduresBased on state law, the servicer or lender must provide appropriate and timely notice of the foreclosure. As part of the foreclosure, the lender or servicer might be required to: • mail you a notice of default in a non-judicial foreclosure These notices all have specific time limits and specific content requirements. For example, the notice might have to describe the property that’s being foreclosed, include the amount due, state the amount necessary to cure the default, and provide information about the person who you can contact to discuss the notice. Regularities of SaleWhen a court looks at the regularities of the foreclosure sale process, it conducts an examination to determine whether proper procedures were followed or whether there was some defect in the sale. Whether the court does this in all or most cases, or only under certain circumstances, depends on state law and foreclosure procedure. In Utah, most foreclosures are non-judicial but the court must confirm the sale if the lender wants to pursue a deficiency judgment against the borrower. As part of the hearing to confirm the foreclosure sale, the court will routinely evaluate the regularity of the sale. At the hearing to confirm the sale, the court will review whether or not the lender followed proper foreclosure procedures by looking at things such as: • the notices that the lender sent to the borrower How to Fight the ForeclosureIf you think the lender committed a procedural error and want to fight the foreclosure, the way you go about it depends on whether the process is judicial or non-judicial. Judicial foreclosure: In a judicial foreclosure, the lender files a lawsuit in state court. You will receive a foreclosure complaint, petition, or similar document, along with a summons. In this type of foreclosure, you will have the opportunity to raise defenses and counterclaims in an answer to the foreclosure complaint. Non-judicial foreclosure: With a non-judicial foreclosure, the foreclosure is typically completed completely outside of the court system. There usually isn’t a court hearing or other opportunity for you to raise defenses or counterclaims so you’ll need to file your own lawsuit to bring up any procedural errors committed by the lender Hire a Foreclosure AttorneyLenders and servicers often make procedural errors in the foreclosure process, yet most of the time these errors go unchallenged by the homeowner. If you’re facing foreclosure and think that the lender or servicer has not complied with legal requirements, you should speak to a qualified attorney who can advise you about what to do in your circumstances. The Foreclosure Process Step by StepWhen a borrower fails to meet its loan obligations, the lender may try to foreclose on the property securing the loan. “Foreclosure” is just the series of steps a lender has to take in order to force the sale of such property and use the sale proceeds to recover its unpaid debt. This is simple enough in theory. However, except for professionals who deal with foreclosures on a regular basis, few understand the many steps involved in the process. Given the complexity, and the fact that these steps can vary from state to state, residential or commercial property, and even depending upon the terms of agreements between individual borrowers and lenders, it isn’t surprising the process may be a bit of a mystery. Nonetheless, since compliance with the foreclosure process can greatly impact the length, cost and outcome of these actions, a solid understanding of the foreclosure process is critical. Foreclosure Rules Vary from State to StateFirst of all, as with most real estate laws, foreclosure rights and procedures are different in each state. These differences can be minor variations in things such as how many times a lender must publish notice of a foreclosure sale, or the number of days a borrower has to respond to a lawsuit. They can also, however, vary significantly in terms of borrower and lender rights. For example, a borrower may or may not have the right of redemption, which is the ability to recover their property following a foreclosure sale by; Procedural RequirementsBecause foreclosures result in the loss of property, including people’s homes, strict compliance with procedural items, such as the method and form various notices must take, is required. Accordingly, knowing when, where and what form notices must take (as well as all other procedural requirements) is critical to a successful foreclosure. While there may be some similarities, the procedural requirements for a foreclosure can vary widely from state to state. Time to Complete the ProcessDepending on the state, foreclosures can occur as quickly as 30 days, and up to seven months (or longer). Some states grant a borrower a right of redemption, and others do not. Generally redemption is not available in non-judicial foreclosures unless the deed of trust grants the right. Even where they are given, there is a great deal of variation among the states as to the period in which a borrower must exercise or lose its right to redeem (generally between six months and a year). Further, state laws may condition the right of redemption, or modify the time period in which it can be exercised, on different factors, such as: Deficiency JudgmentsWhere the proceeds from the foreclosure sale aren’t enough to pay the borrower’s unpaid debt, the lender may be able to obtain a deficiency judgment against the borrower for the difference. Some states permit them, and some do not. Generally such judgments are not available where a deed of trust was used. Again, however, even where a deficiency judgment is permitted, the states can differ on their application, such as the time period in which it must occur and conditions on its availability (e.g., a borrower may be able to avoid a deficiency judgment if it agrees to a sale of the property prior to foreclosure). Default by BorrowerThe foreclosure process begins when a borrower defaults on its loan, whether by failing to make timely payments or meet its other obligations under the loan documents (e.g., failing to maintain property insurance). Evidence of the default is the linchpin of a lender being able to establish it has the right to foreclose. Notice of DefaultFollowing default, the lender sends a notice to the borrower that includes a description of the default and the time period in which the default must be cured. For example, if the default is a failure to timely pay loan amounts, the notice will state the amount due and when it must be paid. If the default is not cured before this period expires, the lender may begin the foreclosure process. Under certain circumstances, typically for commercial properties where the loan documents permit, the notice of default may also include a demand that the borrower sends the lender all rents from the property it currently has, and those rents it collects through the foreclosure process which aren’t used for certain property expenses approved by the lender. Foreclosure WorkoutThough not an actual part of the foreclosure process, in an effort to avoid the time, cost and other negative consequences of a foreclosure, following the default notice the parties may attempt a workout, or a restructuring of the loan terms, to avoid further defaults. Common workouts include forbearance, loan modification, a repayment plan, deed in lieu of foreclosure or short sale. Acceleration DemandIf the borrower fails to cure the default before the period stated in the notice, the lender demands an acceleration of the loan. Acceleration means the amount due is no longer the missed payments, but rather the total amount of unpaid debt. The right to demand acceleration is granted in the loan documents, and the time required between the default notice and acceleration demand varies. Judicial Foreclosure: ComplaintIn a judicial foreclosure action, if the borrower is unresponsive to the demand and acceleration letter, and no workout has been negotiated, the lender will begin the foreclosure lawsuit by: The suit is filed in the county where the property is located, and asks the court for a judgment of foreclosure, an order for sale of the property, and in some cases a deficiency judgment. The complaint will name the borrower and all other interested parties. These can include, for example, guarantors to the loan, holders of second mortgages or other liens junior to the lender’s mortgage, or the IRS if a tax lien encumbers the property. The lender must notify each defendant separately by summons according to form, method and timing under state law. The complaint sets forth the lender’s argument that it is entitled to the relief it seeks. Typically a complaint will include the mortgage, all loan documents, state the default and amount due, and identify the property. Some states require the lender to file an affidavit of fact with the complaint, which affidavit attests to the amounts due, the amount of the unpaid principal balance, unpaid interest due, late fees, attorney fees, and other costs. Further, a person with personal knowledge of the affidavit’s contents must sign it. This means that no automated signatures are permitted. In some states, where the foreclosure is on commercial property, the complaint may also include a request that the court issue an order requiring the borrower to deposit all rents from the property into the court or other depository. Generally, in order to protect the value of the property securing the loan during the pendency of the foreclosure action, the court may use these rents to pay expenses relating to the operation of the property and make payments on the loan. Non-Judicial Foreclosure: Notice of DefaultIn a non-judicial foreclosure, a third party referred to as the “trustee” handles the foreclosure instead of a court. The trustee, named in the deed of trust, is a neutral third party who owes a fiduciary duty to both lender and borrower. The procedure detailed in the deed of trust and loan documents will be followed so long as they meet the minimum borrower protections afforded under state law. Generally this begins with the lender notifying the trustee of the borrower’s default and how it may be cured. The trustee then issues a notice of default by: Foreclosure Attorney Free ConsultationWhen you need legal help with State Foreclosure Compliance, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Does A Legal Separation Protect You Financially? Surrender Your Home Or Foreclosure Child Support and Parental Relocation via Michael Anderson https://www.ascentlawfirm.com/state-foreclosure-compliance/ A child access prevention law (often abbreviated CAP law; also sometimes called a safe storage law) makes it illegal for an adult to keep a gun in a place and manner so that a child can easily access and fire it. Proponents of these laws, such as the Law Center to Prevent Gun Violence, argue that they are effective at reducing accidental gun deaths among children, since they reduce accessibility and thereby risk. The National Rifle Association has lobbied against such laws, arguing that they are ineffective and infringe on the rights of gun owners to protect their homes. “This poorly thought out legislation is without any consideration for personal circumstances. It invades people’s homes and forces them to render their firearms useless in a self-defense situation by locking them up.”-National Rifle Association-Institute for Legislative Action on Seattle’s recently passed safe-storage ordinance (NRA-ILA 2018). CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children unsupervised access to guns. Gun safety advocates support CAP laws as a way to limit firearm-related homicides, as well as a way to decrease suicides among minors and the number of children killed by unintentional shootings. Guns in homes pose a clear safety risk, particularly to children. When household guns are not stored safely or securely, the risk of death or injury only increases. Child access prevention laws hold gun owners accountable for the safe storage of firearms, imposing liability for failing to take simple yet important measures to prevent guns from falling into young hands. Easy access to firearms in the home results in high rates of unintentional gun deaths among children, youth suicides, and school shootings. Child access prevention (CAP) laws are an important tool for reducing these child gun deaths. CAP laws encourage the safe storage of firearms by imposing liability on adults who allow children to have unsupervised access to guns. CAP laws may apply to all firearms, loaded firearms, or handguns only, and some states require that stored firearms include a locking device. Utah does not penalize an adult who recklessly or negligently allows a minor access to a firearm. In Utah, a parent or guardian may not intentionally or knowingly provide a firearm to, or permit the possession of a firearm by, any minor, defined as under age 18, who has been convicted of a violent felony or adjudicated in juvenile court for an offense which would constitute a violent felony if the minor were an adult. The state also prohibits any parent or guardian of a minor, where the parent or guardian knows that the minor is in possession of a firearm, from failing to make reasonable efforts to remove the firearm from the minor’s possession. Minimum Age to Purchase & Possess a Gun in UtahToo often, minors have also used their families’ unsecured firearms to intentionally perpetrate violence against others .Utah law provides that no person under age 18 may possess a handgun, sawed-off rifle, sawed–off shotgun, or fully automatic weapon. The state further prohibits any person under 18 years of age from possessing any other firearm (i.e., a rifle or shotgun) unless he or she: Legal Definition of Dangerous Weapons on School PropertyAccording to the state code, no one including Utah school kids is allowed to be in possession of any dangerous weapon, firearm or sawed-off shotgun on or around school properties. Possessing a dangerous weapon on or about school premises is a class B misdemeanor. If you decide to take a firearm or sawed-off shotgun onto school property, you’ll probably be charged with a class A misdemeanor. There is an exception to the above law. Someone, such as a school resource officer, who is authorized by the school administrator or who has a legal right to carry such a weapon can be excluded. Description of State Child Access Prevention LawsThe majority of states have laws designed to prevent children from accessing firearms. The strongest laws impose criminal liability when a minor gains access to a negligently stored firearm. The weakest prohibit persons from directly providing a firearm to a minor. There is a wide range of laws that fall somewhere between these extremes, including laws that impose criminal liability for negligently stored firearms, but only where the child uses the firearm and causes death or serious injury. Weaker laws impose liability only in the event of reckless, knowing or intentional conduct by the adult. States also differ on the definition of “minor” for purposes of preventing access to firearms by children. Laws Imposing Criminal Liability when a Child Gains Access as a Result of Negligent Storage of a Firearm: Fourteen states (California, Connecticut, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, and Texas) have laws that impose criminal liability on persons who negligently store firearms, where minors could or do gain access to the firearm. Typically, these laws apply whenever the person “knows or reasonably should know” that a child is likely to gain access to the firearm. There are a number of variations in these types of laws, including whether the child must use the firearm, and whether the firearm must be loaded. The most significant variations are described below: • States Imposing Criminal Liability Only if Child Uses or Possesses the Firearm: California, Connecticut, Florida, Illinois, Iowa, New Hampshire, North Carolina and Rhode Island require that the child possess or use the firearm in some way before liability attaches. In California, Connecticut, Illinois, Iowa, and Rhode Island, the statute applies when the child uses the firearm to cause death or serious injury. California, Iowa, Florida, New Hampshire and North Carolina also impose liability when the minor takes the firearm to a public place, and/or uses the firearm in a threatening manner. The New Hampshire and North Carolina statutes also impose liability when the child uses the firearm in the commission of a crime. • States Requiring that All Firearms Be Stored with a Locking Device in Place: Massachusetts and the District of Columbia require that all firearms be stored with locking devices in place to prevent accidental discharge. These laws are another important means to protect children from gaining unauthorized access to firearms and causing death or injury. Gun Attorney Free ConsultationWhen you need legal help with gun law in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
ATV Accident Lawyer Lindon Utah Does A Legal Separation Protect You Financially? Bankruptcy From Start To Finish How Do I Send A DMCA Take Down Notice? via Michael Anderson https://www.ascentlawfirm.com/child-access-prevention-laws/ Although they share some similarities, legal separation and divorce are not the same thing. Each instance involves the couple living apart from one another with a specific legal agreement in place. However, legal separation does not completely dissolve the marriage like a divorce does. Just like a divorce, legal separation requires court appointed agreements to be put in place. The couple and their lawyers will reach agreeable negotiations that will be filed with the court. Unlike a divorce, a legal separation still leaves the marriage intact, but with stipulations. A legal separation agreement takes on all of the issues that are covered during a divorce proceeding. In Utah, your spouse needs to agree to a legal separation. If they do not, you may have to file for divorce. With that being said, legal separation is not something that should be considered without deep thought as it is a life-changing occurrence. Pros Of Legal SeparationChoosing to embark on the path of legal separation is a personal decision that only you and your spouse can make. It isn’t a choice that should be made lightly. For most, legal separation is the first step to a final divorce. There may be reasons such as tax benefits and religious convictions that inspire a couple to become legally separated before deciding to completely dissolve their marital union. Sometimes, a couple will determine that although they cannot remain under the same roof, they have good reason not to divorce, either. Some Reasons to Choose Legal Separation• There are federal tax breaks for married couples and you, and your spouse would like to continue benefiting from them. Some Cons Of Legal SeparationAs with any legal procedure involving family law, there are some cons to choosing a legal separation. Even though legal separation isn’t a divorce, the journey is still complicated and emotionally taxing. This is all the more reason to choose an experienced attorney to represent you and process your paperwork. Some Reasons Not to Choose Legal Separation• You have plans to remarry or aspire to remarry, at some point. Legal separation is not a divorce; therefore, you will still remain married. A Separation AgreementIf there is an official separation agreement for the spouses, it likely states which spouse is responsible for which debt. When a couple receives a legal separation, the process and orders that result are akin to divorce decrees. Orders can be made while the spouses are separating that set out provisions for property division, spousal support, custody matters and child support. When the spouses are legally separated, any new debts are usually considered the separate debt of the spouse that incurred them. However, not all states recognize legal separation. In that case, debts may continue to allot until the divorce filing or the divorce decree, depending on state law. Individuals in jurisdictions that do not allow legal separation should ensure that they protect their financial security by getting orders from the court to prohibit the acquisition of new debt while the divorce is pending. Community property states hold that all income, assets and debts incurred during the marriage are jointly and equally owned by both spouses. Excluded from community property is property that was obtained before the marriage or property obtained through a personal gift or inheritance. If the bill is for an asset that was purchased before the marriage, the original owner is likely to be the only one liable for the debt unless the other spouse expressly agreed to pay the debt. Likewise, if the bill was incurred after the couple was separated; it is likely to be viewed by the court as separate debt. If the bill that was incurred is for an expense that arose during the marriage, such as a utility bill or a medical bill, the bill is likely subject to a 50/50 split between the spouses. This holds true even if the bills are primarily only in one of the spouse’s names. When a family court in an equitable distribution state determines who is responsible for certain debt, it looks at the financial history of each spouse. In equitable distribution states, there may not be a completely equal distribution of property and debts. Even if a separation agreement or divorce decree states that a spouse is responsible for certain debts and the other spouse is not, this statement has no effect on the creditors because family courts do not have jurisdiction over third parties. Therefore, a creditor may still pursue collection efforts and take action against a spouse that can adversely affect his or her credit. Even if a spouse would not be legally liable for a debt, he or she may become liable by an agreement. If the spouse told the creditor or the other spouse that he or she would pay a debt, that spouse may create a contract that both the spouse and the creditor can rely on. Handling finances when married is hard enough. Adding separation into the mix can make financial management even more difficult. Before you and your spouse begin splitting finances during separation, keep the following advice in mind. Whether you are planning on getting back together or are preparing for a divorce, creating a financial separation from your ex-married life can be stressful. Children, the Home-front, mutual debts, lawyers’ fees, and creating a new budget are all part of financial management in marriage. As with any separation, the more civil you and your spouse can be, the smoother your dividing of assets will go. There is no easy way to separate from your spouse, but there is a way to make the process much more manageable. Don’t put you or your spouse into debt over your separation. Here are some ideas to keep in mind when splitting finances during separation. • Get It in Writing: You may have trusted your partner in your married life, but financial management in marriage and during separation are two horses of a different color. If you want to ensure that you can become financially independent from your spouse, you must: • Selling the Marital Home: When a couple separates, it is common for one or both of partners to want one person to remain in the family home for the benefit of the children. Believing that this will give their children more stability, couples may take on more debt than they can handle on a single income. If you cannot come to terms on sharing the financial responsibility for the mortgage, taxes, and other bills, it may be in your best interest to sell the home and split the profits. • Your Children: Splitting finances during a separation gets more complicated when there are children involved. Things will go a lot more smoothly if you and your partner can come to a civil agreement about sharing custody of the children and both providing financially for them. Loving parents will calmly discuss the roles and responsibilities of each spouse regarding the children post-separation. Always consider the best interest of your children first. The cost of daily living should be taken into account when you are deciding on a budget for the children. Rent, groceries, clothing, school supplies, and field-trip outings should all be financial aspects that both parents are responsible for. Legal Separation Lawyer Free ConsultationWhen you need help getting a legal separation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you with divorce, family law, legal separations, child custody, debt division, asset division, retirement division and much more.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
I Was In A Car Accident, Now What? Pros And Cons Of Asset Protection Environmental Lawyer In Salt Lake City Variable Annuity Investment Lawyers via Michael Anderson https://www.ascentlawfirm.com/does-a-legal-separation-protect-you-financially/ Lindon was established as a settlement in 1861 by pioneer families. It was named after the Linden tree but the spelling was mistakenly written as “Lindon”, which became the official spelling. Growing rapidly in the late 1990’s and through the first decade of the 21st century, the little country town is now a bedroom community for over 10,000 residents. Lindon is well known in the Emergency Preparedness community throughout the United States due to First Place City Preparedness awards in 2009, 2010 and 2011 for any city of any size. The awards are based on city, business, school and resident preparedness planning and involvement in an annual citywide emergency drill in addition to a high-level of involvement in preparedness as a way of life for residents, businesses and city governmental departments. The city motto Lindon – A little bit o’ country represents the relaxed nature of the community where almost all residential lots are 5 acre or larger and include animal rights. Lindon has an abundant cultural and historical background. Originally settled in 1861, Lindon began as pioneers moved into what was then the Lindon grazing land. The town was originally named “String Town” because of the way the houses were strung up and down the street between the towns of Orem and Pleasant Grove. An old linden tree (Tilia) growing in town in 1901 inspired the present (misspelled) name. Over the past century Lindon has seen organized development, but it has tried to remain true to its motto: “Lindon: a little bit of country”. Lindon, Utah’s estimated population is 10,970 according to the most recent United States census estimates. Lindon, Utah is the 55th largest city in Utah based on official 2017 estimates from the US Census Bureau. The overall median age is 27 years, 27 years for males, and 27 years for females. For every 100 females there are 92.6 males. According to the most recent ACS, the racial composition of Lindon Utah was: Pros of Living in Lindon Economy in Lindon, UtahLindon has an unemployment rate of 2.8%. The US average is 3.9%. Lindon has seen the job market increase by 2.6% over the last year. Future job growth over the next ten years is predicted to be 51.7%, which is higher than the US average of 33.5%. Tax Rates for Lindon• The Sales Tax Rate for Lindon is 6.9%. The US average is 7.3%. Cost of Living in Lindon, UtahOur cost of living indices are based on a US average of 100. An amount below 100 means Lindon is cheaper than the US average. A cost of living index above 100 means Lindon, Utah is more expensive. When you use your ATV to go for a ride on those backcountry trails, discover the best hunting spot, or head across the field on your farm, you can rest assured you have the insurance protection you need should an accident occur. Many people think their homeowners’ policy will provide the protection they need for their ATV activities, but a homeowner’s policy is simply not enough. The coverage provided by a homeowner’s policy may limit your coverage to liability, or it may only cover your ATV if you drive it on your property. You need coverage that can go everywhere you venture and protect you against your specific ATV risks. Insurance for ATVs• Liability Coverage: Liability insurance is often required to drive on public or state lands. ATV liability insurance covers damage to someone else’s property or if someone else is injured. ATV liability insurance, however, doesn’t cover injury or damage to you or your property. Protecting You and Your ATV WheelsWhen it’s time to break out your four-wheeler and head out for a ride, the last thing you want on your mind is whether or not you are properly insured. With an All-Terrain Vehicle insurance policy from Advance Insurance, you can ride with confidence knowing that your quad is protected. We cover vehicles in Lindon, Salt Lake City, Provo, Las Vegas and surrounding communities. No matter whether you use an ATV, APV, UTV, dune buggy or a similarly four-wheeled vehicle, ATV Insurance offers several specialized coverage options, including: The Utah’s Off-Highway Vehicle Program brochure outlines the basic responsibilities of ATV riders. The brochure covers registration, equipment, and operation requirements, safety tips, courtesy and ethics. ATV Laws and Rules• Wear Your Helmet: For riders and passengers under age 18, it’s the law, but we advise everyone to wear a helmet. It can save your life. Properly worn, a helmet won’t reduce vision or hearing and helps cut out windblast. Report ATV AccidentsIf you are involved in an ATV accident, help any other people involved in the accident and notify local law enforcement officers immediately by the quickest means of communication available. Give your name, address, and identification to any injured person or owner of property that is damaged in the accident. If anyone was injured or killed in the accident, submit a completed and signed ATV Accident. Report to the Utah Division of Parks and Recreation within 15 days. ATV accident forms are available from the Division of Parks and Recreation or any state parks ranger. Information in accident reports is confidential. Why Are ATVs So Expensive?Many new quad enthusiasts spend time looking at ATV videos and when they get tired of renting and are think buying their first quad, they are often shocked with the price. The truth is, ATVs can be a pricey acquisition. ATV are expensive because they were (and still are) used for lodging fertilizer and carrying tools on a farm, and because of their price markup in the US market, especially when talking about high-end brands. They are also used to plow snow. Even though nowadays ATVs are used for mostly recreational purposes, they are a useful tool you can find on most farms. Their strengths as a utility vehicle rise up prices. Many quad enthusiasts comment about the markup that new ATVs have in the US. an Alterra 500 can be had for hundreds of dollars cheaper in Europe or Australia compared to America. How Can You Buy An ATV And Not Break The Bank?One of the most important things to keep in mind when making a new purchase is to shop around as much as possible. There are some dealers which can be really helpful, trying to find you the ideal machine for your tastes, and there are others which will only see you as a giant money sign. That’s why it’s beneficial to compare prices between dealerships to try to get the best deal possible. Another important thing to keep in mind is that you will rarely pay full MSRP for an ATV unless it’s a hot new model. There is always a rebate going on. and even after that, they can easily shave hundreds off MSRP just to keep you interested in the product. Experienced ATV Accident Attorneys in LindonATV accident incidents vary depending on the nature and type of vehicles involved, the people injured, the intensity of the injuries sustained and the collision, and the traffic rules actually violated. Te ATV attorneys in Lindon will effectively all these details and appropriately determine the amount you deserve in compensation from the negligent party’s insurance company. Unlike the experienced ATV accident ATV attorneys in Utah, an ordinary ATV accident lawyer may not successfully defend your rights by taking on multinational insurance companies with the aim of minimizing losses incurred in insurance claims. This is the principal reason why you need the services of highly experienced Lindon ATV accident lawyers. They will deal with your case with the best of wit and obtain reasonable compensation in damage even when there is no visible damage on your vehicle after a collision. All that matters is evidence of the collision. The best ATV accident attorneys in Lindon are respected in Utah for successfully suing and winning even car accident cases with the lowest impact magnitude. Therefore, you are assured that they will provide you with top-notch legal representation in a court of law and lodge a claim for damages to your car and the injuries you sustained in the accident Lindon Utah ATV Accident Attorney Free ConsultationWhen you need legal help with an ATV accident and injury in Lindon Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Does Bankruptcy Restructuring Work? Which Visitation Schedule Is Right? via Michael Anderson https://www.ascentlawfirm.com/atv-accident-lawyer-lindon-utah/ Asset protection is the concept of and strategies for guarding one’s wealth. Asset protection is a component of financial planning intended to protect one’s assets from creditor claims. Individuals and business entities use asset protection techniques to limit creditors’ access to certain valuable assets while operating within the bounds of debtor-creditor law. Asset protection helps insulate assets in a legal manner without engaging in the illegal practices of concealment (hiding of the assets), contempt, fraudulent transfer, tax evasion, or bankruptcy fraud. Experts advise that effective asset protection begins before a claim or liability occurs, since it is usually too late to initiate any worthwhile protection after the fact. Some common methods for asset protection include asset protection trusts; accounts-receivable financing and family limited partnerships (FLP). If a debtor has few assets, bankruptcy may be considered the more favorable route compared to establishing a plan for asset protection. If significant assets are involved, however, proactive asset protection is typically advised. Certain assets, such as retirement plans, are exempt from creditors under United States federal bankruptcy and ERISA (Employee Retirement Income Security Act of 1974) laws. In addition, many states allow exemptions for a specified amount a home equity in a primary residence (homestead) and other personal property such as clothing. Each state in the United States has laws to protect owners of corporations, limited partnerships (LPs), and limited liability corporations (LLCs) from the entity’s liabilities. Asset Protection and Real EstateJointly-held property under the coverage of tenants by entirety can work as a form of asset protection. Married couples who hold mutual interest in property under tenants by entirety share a claim to a whole piece of property and not subdivisions of it. The combined ownership of the property means that creditors who have liens and other claims against one spouse cannot attach the property for their debt reclamation efforts. If a creditor has claims against both spouses, the tenants by entirety stipulations would not protect the asset from being pursued by that creditor. Some attempts at asset protection include putting the property or financial resource in the name of a familiar member or other trusted associate. For example, an heir might be gifted ownership of real estate or other property while the actual owner continues to reside on the property or make use of it. This could complicate efforts to seize property as actual ownership must be determined. Financial accounts may also be domiciled in offshore banks in order to legally avoid paying taxes against those funds. Here’s a list of pros and cons to assist in that effort: Advantages• Bankruptcy protection Disadvantages• Cost of creating trust • Little benefit if child will quickly spend the inherited funds A trust is an asset pool held for the benefit of and use by a third party, or beneficiary. This beneficiary is doled out assets as controlled by a trustee. There are two basic kinds of trusts: those established in a will, or living trusts determined while you’re still alive. Trusts last until a certain set of predefined conditions are met. For example, you could design a trust for a young heir to become accessible when they reach 18 years old, at which point the trust ends and the inheritance transfers completely to them. As the creator of the trust, you are the settler. In the case of a living trust, you can also be the trustee. Benefits of a TrustThere are several benefits to using a trust. The most important is that it tends to be more efficient than simply doling out assets in a will. It allows you specific means of allocating assets through using specific, controlled manners. It also helps to avoid estate taxes, and gives you control over how your beneficiary will receive your assets. In brief, a trust ensures a beneficiary won’t squander their inheritance. A trust can also be used in case you become incapable of making decisions for yourself. It can guarantee your medical care is covered, and your daily expenses and bills are paid. If needed, it can provide for someone to take over as caregiver. The drawback of a trust is that it can be more complex to set up than a will. Arranging a trust takes effort, funding and time. More notably, you can’t simply take a trust back after you establish it. You have to take particular steps to revoke a trust, and then you’ll have to redefine how the assets are distributed. A revocable trust can circumvent some of these problems, but this adds an additional layer of complication. Working With a Trusts AttorneyIf you’re considering creating a trust for your property, you’ll want the best possible advice. A qualified attorney can make sure you take the right steps and avoid critical mistakes, ensuring your assets are well protected and your heirs are well cared for. Asset Protection in a Revocable Living TrustGenerally speaking, if asset protection is your goal, a revocable living trust is not the proper vehicle for your purposes. The settler, or person who creates the trust, essentially retains control and ownership of the trust’s assets, meaning they can remove assets from the trust or change the trust terms at any time, while the trust itself simply holds title to the assets. In the event a creditor wins a lawsuit against the settler, the court can order the payout of trust assets in settlement of the creditor’s claim. Although revocable trusts do not offer asset protection, they have other benefits when it comes to estate planning. For example, such trusts can be helpful in avoiding probate fees when the settler passes. Asset Protection in an Irrevocable TrustIn order to properly protect your assets, you need an irrevocable trust. As its name suggests, once such a trust is created, you cannot revoke it yourself by changing its terms, nor do you have control over the trust’s assets. Instead, the trust’s assets are in the control of the trustee, or person assigned to manage the trust, and any changes or distributions are at the trustee’s discretion. If a creditor files a lawsuit against you, the assets in the trust will likely not be considered yours, so even if the creditor wins judgment against you, the chances are much better that the assets residing in the irrevocable trust will be protected. Domestic Asset Protection TrustThere are two kinds of irrevocable trusts that work as asset protection vehicles: domestic asset protection trusts and foreign asset protection trusts. A domestic asset protection trust can be established within the U.S. in any of the states that provide legislation permitting the creation of such trusts. Not all states provide for asset protection trusts, so it’s important that you consult with an estate planning adviser or online service provider to determine which state, if any, is best to set up such a trust. However, as these trusts have become more common, more and more states have come to recognize the legal status of such trusts. Note that it is less costly to set up an asset protection trust in the U.S. than it is to create a foreign asset protection trust. Because these trusts are fairly new, the case law concerning their treatment is constantly evolving, which adds a level of uncertainty to their ability to properly protect assets. Most states have a limitation period during which assets transferred into such a trust remain vulnerable to creditors. Foreign Asset Protection TrustThe foreign asset protection trust, also known as an offshore trust, provides more effective protection for your assets. Such trusts are established in jurisdictions outside of the U.S. which provide more stringent protection for trusts and their assets. Because your trust is in a foreign jurisdiction, it’s governed by the laws of that jurisdiction rather than by U.S. laws. Although they are usually more costly than their domestic counterparts, foreign asset protection trusts generally have more stringent privacy measures, making it harder for others to learn the trust terms and assets. Another benefit is that jurisdictions that promote themselves as offshore trust havens usually do not enforce U.S. judgments against assets of trusts formed in their jurisdiction. In many cases, assets of a foreign asset protection trust are held in an offshore account. While this provides more protection from a U.S. court-ordered seizure of assets, it does expose the assets to potential economic and political risks associated with the jurisdiction in which the offshore account is held. Today many estate planning firms tout the benefits of Offshore Asset Protection Trusts as instant asset protection solution for every individual looking for the end-all, be-all. It feels to them like finding the last raft on a ship that has a pin-sized hole in it. Their first instinct is to throw out the raft and jump off the boat immediately. Unfortunately, things since 9/11 and the global financial crisis of 2008 have changed in this country. Prior to 9/11 we recommended offshore trusts for a much larger percentage of clients, but that is no longer the case. At a minimum, there’s Treasury Department form 90-22.1, Report of Foreign Bank and Financial Accounts to consider. There may also be a requirement to file a Foreign Bank Account Report (FBAR), which falls under the authority of the Financial Crimes Enforcement Network (FinCEN) form 114. Aside from filing TD and FinCEN forms, offshore trust grantors may also have to respond to the Internal Revenue Service (IRS) by filing forms 3250 and 3250A. These forms, which require disclosure of trust assets, are handled by a foreign trustee and a CPA based in the United States. As of December 31st, 2012, the U.S. Foreign Account Tax Compliance Act (FATCA) is creating an additional burden on offshore trust grantors and trustees by requiring financial institutions abroad to report on the financial holdings and income of their clients. With the new filing and compliance requirements also comes uncertainty as to how offshore trusts are managed. It calls for retaining the services of an attorney to work in conjunction with the foreign trustee. If you take into consideration all of the aforementioned factors, it is easy to see the $10,000 annual maintenance cost of an offshore trust. Medicaid Asset Protection TrustWhile one of the primary purposes of an asset protection trust is to protect the settlers’ assets from creditors’ claims, such a trust can also be used to help make you eligible for Medicaid by reducing the assets in your name. If you are planning to set up a trust for this purpose, it’s important to consult with an adviser with experience in this area, as not every trust can help you comply with Medicaid’s eligibility requirements. An asset protection trust can be a vital estate planning tool. Because it’s crucial for such a trust to be set up properly, consult with an adviser with expertise in asset protection matters. Asset Protection Lawyer Free ConsultationWhen you need legal help with asset protection, trusts, wills, probate or other estate planning and administration issues, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
ATV Accident Lawyer Riverton Utah How Does Bankruptcy Restructuring Work? via Michael Anderson https://www.ascentlawfirm.com/pros-and-cons-of-asset-protection/ Even with amazing advances in automotive safety, the number of car accidents is rising, with more than 2.3 million crash injuries reported annually throughout the U.S. American roadways are busier than ever, and not just in big cities. With so many cars on the road, it’s no surprise the average driver can expect to be in three or four accidents during their lifetime. Utah has its share of car accidents with over 62,000 car crashes that injured more than 26,000 people in one year. Yet, when an accident happens, it always seems to come out of the blue. One minute you’re safely driving along, and the next minute you’re on the roadside, stunned by a sudden collision. Recovering from injuries and losses after a car accident can be difficult and expensive. Your financial recovery will hinge on the success of your auto insurance claim. You can’t always avoid being hit by a negligent driver, but you can build a strong insurance claim if you know what to say and do, and what pitfalls to avoid after a car accident. Stop, Check for Injuries, Call 911Immediately stop as close to the accident site as you safely can. Check to see if anyone is injured, then call 911. Location: Emergency responders can get there faster if they know where to find you, so tell the dispatcher the road you’re on, which direction you were heading, the nearest intersecting street names or mile markers, GPS coordinates, or any landmarks that will help describe your location. Hazards: Accidents scenes can be dangerous, with commotion around the wrecked cars and closely passing traffic. Tell the dispatcher if anyone is trapped, if there are overturned vehicles, or if there are hazards in the area like leaking fuel or downed power lines. Drivers are legally required to immediately notify police in the event of an accident involving injuries, death or property damage. Drivers in Utah are also obligated to provide “reasonable assistance” to the injured after an accident. Reasonable assistance means helping the injured as best you can, and arranging for them to be transported for medical treatment. This obligation is typically fulfilled by calling 911 to ask for police and rescue services. Finally, drivers are required to provide their name, address, car registration and proof of insurance information to all other persons involved in the crash, unless that information has already been given to the investigating police officer. Your injuries from a car accident may be painfully obvious, like broken bones or bad burns. But injuries from car accidents aren’t always easy to see, even potentially life-threatening injuries like head trauma or internal bleeding. Shock and distress can mask your symptoms. Some injury symptoms may not fully develop until hours or even days after the crash. Never refuse medical treatment at the scene. Tell emergency responders about any symptoms you’re experiencing, no matter how mild. If paramedics want to transport you to the hospital, let them take you. If you’re not taken directly to the hospital from the accident scene, make sure you’re seen by a medical provider as soon as possible after the accident. If your primary provider isn’t available, go to the nearest urgent care center or hospital emergency department. Refusing or delaying medical treatment after an accident can seriously undermine your insurance claim when the insurance company argues that your injuries were not caused by the collision. What if I hit a parked car or other property?If you’ve hit a parked car or other property, like a street sign or utility pole, you must stop immediately. Try to locate the person in charge of the property and provide your name, address and the registration number of the car you were driving. If you can’t find the property owner, leave a note with your name, address, and the car’s registration number. Police Accident InvestigationsPolice are usually dispatched to auto accidents where there are injuries, fatalities, traffic is blocked, or there are reported hazards. In busy jurisdictions, an officer may not be available to respond to non-injury accidents like fender-benders. Police officers are highly trained in accident management and investigation. The investigating officer is authorized to: Start Gathering EvidenceAccident scenes change quickly. When cars are towed, and the drivers and witnesses leave, they may be taking valuable evidence with them. Use the short window of time right after an accident to begin collecting critical evidence, before it’s gone. The evidence you collect from the accident scene will strengthen your insurance claim, especially when the accident was caused by a negligent driver. You’ll need proof the other driver did something wrong or failed to act responsibly. Start by collecting key information from the other driver: Vehicles: Look for the make, model, year, license plate number, expiration date, and vehicle identification number (VIN) for each vehicle in the accident. The VIN can normally be found on the left corner of the dashboard near the windshield, or inside the door jamb of the driver’s side door. Don’t enter another vehicle without permission. The VIN may also be found on the driver’s insurance card. Diagrams: Create a drawing of the accident scene showing the position of the cars before and after the crash, and the direction they were heading. Show road conditions, like ice or construction areas. Add notes about the weather, traffic, blinding sunlight, and anything else that contributed to the accident. Using your phone, tablet or any other device to take pictures and videos at the scene can greatly help your claim. Walk around the scene, taking as many pictures and videos as you can from different angles. Photographs and video footage can reveal important details of the vehicles and crash site. Sometimes, pictures or sound-enabled videos can capture how the drivers and passengers were behaving, admissions of fault, signs of drug or alcohol intoxication, and other important factors that will have a tremendous bearing on your insurance claim. Photographs and videos can be compelling evidence, making it harder for those involved to change their story after the accident. Witnesses are not legally required to talk to you, but you can try to speak with any potential witness long enough to find out if they saw anything helpful to your claim. If you have a cooperative witness, get their name and contact information, and ask if they’ll write down what they saw. Have the witness sign and date any written statement. Be ready for the unexpected with our free Car Accident Information Form. Keep a copy with a pen in your car, in the same place you stash your insurance and registration cards. You’ll always be prepared to collect the evidence you’ll need for a successful insurance claim. Notify Your Insurance CompanyYour auto insurance policy is a legal contract between you and your insurance company. The insurance company should defend you when you’re in an accident, but you must do your part. Your obligations under the policy include telling your insurance company when an accident happens. Take a close look at your insurance policy. Almost every policy has a Notice of Occurrence and Cooperation clause. The clause means you agree to tell your insurance company when you’re in an accident, and you agree to cooperate with their accident investigation. The clause will have wording like this: “Insured (you) agrees to notify the insurer (your insurance company) of any accidents and thereafter comply with all information, assistance, and cooperation which the insurer reasonably requests, and agrees that in the event of a claim the insurer and the insured will do nothing that shall prejudice the insurer’s position…” You are obligated to notify your insurance company of every accident, even if the accident wasn’t your fault or no one seems to be hurt. Your insurance company can still protect you, even when the accident wasn’t your fault. For example, when the other driver doesn’t have insurance, or changes their story and decides to blame you for the crash. By promptly reporting the accident, you give your insurance company the best chance to protect your interests if someone from the other car decides to hire a lawyer or begins to complain of injuries hours or days after the collision. Failure to notify your insurance company is a breach of your contract that could lead the company to raise your premiums, decline to renew your policy, or even cancel your insurance policy. There are plenty of mobile device applications that make starting a car accident claim faster and easier. Depending on the app, you can: Submit Driver’s Accident ReportDrivers involved in a car accident in Utah may be required to complete and submit a written accident report form, in addition to the crash report documentation prepared by the investigating police officer. Drivers who are physically incapable of preparing a report will be excused from the reporting requirement during the period of incapacity. If the driver of the vehicle involved in the accident is incapacitated, and was not the owner of the vehicle, the owner is required to submit the accident report within 15 days of being made aware of the accident. You must report the accident if the accident resulted in injury, death, or property damage that appears to be more than $1,500 within ten (10) days. Forms are available from local law enforcement agencies or court offices. Understanding No-Fault InsuranceUtah relies on a no-fault car insurance system. Under the no-fault system, each driver involved in a crash relies on their own car insurance to pay medical bills, out-of-pocket expenses, and lost wages resulting from a crash. No-fault insurance does not pay for pain and suffering. Auto insurance policies issued in Utah must provide personal injury coverage in accordance with the state’s no-fault laws, as well as liability coverage for bodily injury and property damage claims. Finally, the insurance company is obligated to provide uninsured motorist coverage and underinsured motorist coverage, unless the policyholder rejects those coverages in writing. Utah relies on a no-fault car insurance system. Under the no-fault system, each driver involved in a crash relies on their own car insurance to pay medical bills, out-of-pocket expenses, and lost wages resulting from a crash. No-fault insurance does not pay for pain and suffering. Learn About Comparative NegligenceDrivers in Utah are subject to modified comparative negligence rules, meaning each driver will be held liable for damages sustained in the accident in proportion to each driver’s percentage of fault. In other words, when you’ve been in a Utah car accident, you can pursue the other driver for compensation for your damages, so long as the other driver was more to blame for the accident than you. If you are equally to blame, you won’t be able to recover any financial compensation from the other driver or the other driver’s insurance company. Under Utah’s comparative negligence laws your eligibility for compensation from the other driver or the other driver’s insurance company will depend upon your portion of blame for the accident. The insurance company will decide your share of blame for the accident before paying any claims. If the other driver’s insurance company thinks you are equally to blame for the crash, you won’t get a dime. Whether the insurance company decides you are eligible for partial compensation or none at all, if you don’t agree with their determination you will need an attorney to reach an appropriate settlement amount. When You Need an AttorneyWhen you’ve been in a car accident, there are some injury claims you’ll be able to settle on your own. Other claims require the skill of an experienced injury attorney to persuade the insurance company to pay what your claim is worth. Before deciding to face the insurance company on your own, think about the type of injuries you’ve suffered, and what it will take to get the insurance company to pay. Experienced personal injury attorneys have the skill, knowledge and legal tactics to convince the insurance company to pay the amount you deserve for your injuries, pain and suffering. How much will an attorney charge?You won’t have to pay anything to find out how a personal injury attorney can help you. Most reputable attorneys offer accident victims a free initial consultation. Before your first meeting with an attorney, gather all your accident-related documents, including your medical records, police report, your notes, photos, and records of any communication you’ve had with the insurance company. After listening to your account of the crash and reviewing your documents, the attorney will discuss your claim’s value, how long it could take to settle, and if you’ll need to file a lawsuit. Personal injury attorneys are usually paid on a contingency fee basis, meaning that your attorney’s fees will be paid out of your insurance settlement or court award. Contingency fees can range from 25% up to around 40% of your gross settlement amount or court verdict. If your attorney can’t settle your claim or loses your case in court, you won’t owe any fees. Utah is a no-fault insurance state. However, Utah car accident victims can file separate lawsuits in small claims court for their property damage and personal injury claims. While the rules in small claims court are more relaxed, and plaintiffs don’t generally need an attorney to handle a small claims case, the Utah Department of Insurance suggests you speak to an attorney before filing car accidents claims in small claims court. Statute of LimitationsA statute of limitations is the legal deadline for an accident victim to either settle their insurance claim or file a lawsuit. If you miss the statute of limitations deadline, you lose your right to pursue your claim with the at-fault driver or the driver’s insurance company. The Utah statute of limitations for personal injuries and property damage from a car accident is three (3) years. The statute begins to run on the accident date. Car Accident Lawyer Free ConsultationWhen you need legal help for your personal injuries and car accident in Utha, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Modern Firearms Curios Relics and Antiques File Your Claim Before The Statute Of Limitations Expires Back Injury From A Car Accident via Michael Anderson https://www.ascentlawfirm.com/i-was-in-a-car-accident-now-what/ The essential task of bankruptcy and restructuring lawyers is to avoid a client’s bankruptcy. The term ‘bankruptcy’ itself is a technical term that refers to when financially distressed companies, unable to restructure on their own, file for Chapter 11 to undergo a court-supervised restructuring. In order to avoid this scenario, a company must successfully “restructure its debt to keep the company together and retain its value,” But the path to financial viability through court or not can be convoluted. The legal know-how required and the multitude and variety of actors involved make bankruptcy and restructuring a rather complex practice. Bankruptcy and restructuring attorneys must be adept at transactional work and litigation across a range of areas like M&A, securities, banking, labor and employment, environment, tax and IP. What Bankruptcy Lawyers Do For You• Analyze the situation in order to determine the feasibility of staying out of bankruptcy. What’s the problem? What caused it? How big is it? Will it result in a default that is uncontrollable? Who’s in the creditor body? Are they secured or unsecured? What’s the litigation status? What’s the liquidity status? Are there sufficient funds to stay in business while being restructured? • Look for ‘red flags’, such as jurisdiction. “You need to know if the entity has international operations, how it operates, how it’s interconnected”. The Four Reorganization Bankruptcy ChaptersDebtors choose to reorganize under either Chapter 9, 11, 12, or 13, depending on the particular circumstances. An overview of each appears according to filing frequency. Chapter 13: Individuals and CouplesThis chapter allows single and married people (but not businesses, other than sole proprietors) to pay discretionary income (the amount remaining after paying living expenses) into a plan for three to five years. If your family income is above the average for your state (called the median income), your plan will be 60 months long. When income falls below the median, 36 payments are required, but you can propose a plan that spreads out what you need to pay over 60 months, if necessary. How Debts Get Paid During the Plan PeriodBankruptcy law assigns a higher priority to some debts and requires the filer to pay them fully over the course of a three to five year plan. Examples of priority claims include the following: Most of your other debts like credit cards and medical bills will fall into the category of general unsecured debts and won’t necessarily be paid anything. They’ll receive something only if you have disposable income after all your higher priority claims get paid. Even then, the unsecured claims might be paid pennies on the dollar. The remaining debt gets discharged at the end of the case. Another interesting feature of a Chapter 13 plan is its ability to cram down (reduce) a secured debt (other than the mortgage on your residence or a recently purchased vehicle). If the collateral (the property securing the debt) is worth less than what you owe, you can propose to pay just the value of the asset plus interest at one or two points above prime. For high-interest loans that are under water, this can save you thousands of dollars. Unfortunately, not all secured loans are subject to cram down. It’s not available for the mortgage on your residence or on car loans that are less than two and one-half years old when you file your case. Also, you must be able to pay off the entire cram down amount over the course of the plan, something many people aren’t able to do for high-value property, such as vacation rentals. Chapter 11: Businesses and IndividualsChapter 11 bankruptcy is best known for helping prevent large corporations from closing their doors. Because of the expense involved in filing a Chapter 11 case, it’s used by small businesses to a lesser extent, and, on a rare occasion, by individuals whose debt balances exceed the Chapter 13 debt limitations. In many Chapter 11 cases, creditors actively work with the debtor to evaluate the debtor’s financial health and determine the best way to tackle the debtor’s debt. This collaboration will include more than renegotiating loan terms, although that accounts for an important part of the plan. During the first months of a Chapter 11 case, the parties look carefully at many aspects of the business. Decisions might be made to do one or more of the following: Chapter 12: Farms and Fishing OperationsIf your primary business is farming or fishing, you’ll likely choose to file for Chapter 12 bankruptcy. The procedural aspects of Chapter 12 and Chapter 13 cases are similar; however, Chapter 12 bankruptcy provides more flexibility because it allows for the seasonal nature of the farming and fishing industries. The Chapter 12 debtor has 90 days after filing the case to propose a plan lasting from three to five years. Instead of making monthly payments as required by Chapter 13 bankruptcy, the Chapter 12 plan can allow for seasonal payments. The plan can also provide for a cram down of virtually any secured debt, including homes and farmland, and allow for the modified secured debt payments to extend beyond the five-year plan limit. Chapter 9: Municipalities (Cities and Governments)Chapter 9 bankruptcy is reserved exclusively for municipalities and governmental units like utilities and taxing districts. The plan and the plan approval process in Chapter 9 bankruptcy are similar to Chapter 11 bankruptcy. Creditors in Chapter 9 are not allowed to propose a plan, but taxpayers and creditors can file a plan objection. Reasons Behind RestructuringThe overarching goal of a restructuring is to increase shareholder value but there are many reasons behind restructuring. • Focusing on Core Business: Groups of shareholders can actively demand management to increase shareholder value by focusing on the private company’s core businesses. Pressure from shareholders can cause management to create a restructuring plan that will focus the private company’s resources on core businesses. • Eliminating Poor Performers: Poor performance of a subsidiary due to industry conditions, poor management, or ineffective corporate strategy can be detrimental to the financial performance of the parent private company. Therefore, a parent private company commonly divests the poorly performing subsidiary. This may immediately improve the financials of the parent private company by not including the poorly performing financials of the divested subsidiary in the consolidated statements. As a result the parent private company might eliminate capital outflows that were needed to fund the failing business. Additionally, a divestiture of a failing business will provide additional capital the parent private company can use to stimulate growth in its core businesses. Finally a divestiture, if communicated correctly, will boost morale of existing employees and improve the public perception of the parent private company. • Highlighting Undervalued Assets: Large private companies may have smaller subsidiaries that are high growth or strong performing private companies that may not be properly valued since their performance is hidden by the size of the conglomerate. In such a case, the parent private company may want to divest a part or all of the strong performing private company via a sale, spin-off, split-off or equity carve-out. Highlighting the positive attributes of the undervalued business is a benefit to both the shareholders of the parent and the divested private company. Divesting the smaller private company allows it to raise their own capital via debt and equity markets that is separate from that of the parent private company. By using their own cost of capital, the divested private company doesn’t need to vie for capital allocation from the parent private company. Additionally, the divested private company can be properly valued by the market based on its respective multiples. Furthermore, the parent private company receives proceeds from the divestiture that it can reinvest or issue to shareholders. • Realizing Value from Stronger Business: Where strong performing businesses are not valued by the market, there is an opportunity for the parent private company to realize the value of this business through a sale or divestiture. Proceeds from this sale can be used to develop other parts of the private company’s businesses or pay down debt. • Realigning of Capital Allocation: A private company with multiple business units, funding and capital allocation issues restrains optimal operations of its subsidiaries. There are often internal conflicts as management teams vie for capital from the parent private company. This leads to potentially inefficient allocation of capital where certain businesses will have excess capital while others will be under funded. Inefficient capital allocation restrains the growth of subsidiary private companies. In such a case, separation of the different business lines allows each newly divested private company to raise capital to service their needs. • Avoiding Takeovers: Restructurings have been used to avoid takeovers. Selling or spinning off a key business unit can be an effective deterrent for takeovers since acquirers will have to pay capital gains tax on spin-offs of the target private company that were initially tax-free. Increasing leverage can also help defend against takeovers, but the effect on operating flexibility must also be taken into account. • Lowering Borrowing Costs and Optimizing Capital Structure: Different operating divisions of a larger corporation have different operating risks and capital requirements that may overshadow each other. In such cases the parent private company may find itself over leveraged. One of the main goals of restructuring would be to reorganize the capital structure of the private company to lower borrowing costs. The capital structure of a private company should always strive to optimize funding costs. The goal is to balance between the high costs of equity and the lower costs of debt and the benefits and detriments of both methods of funding. Funding operations through debt issuances can lead to financial distress as the interest expense to service the loan can consume cash flow. Divesting a business division is a great way for a private company to improve its financial position. • Providing Management Incentives: Management teams of a subsidiary often operate off the incentives based on the performance of the parent private company as a whole. Stock option plans that are given to executive level management teams of subsidiaries that are based off the stock performance of the parent private company are not always appealing if the operating activities of the subsidiary are not properly valued by the market. Separating the subsidiary from the parent creates lucrative invectives for management whose compensation is now directly based on their division’s performance. • Pre-IPO Housecleaning Process: Prior to the initial filing of an S-1, firms that intend or explore the option of going public must enter a restructuring process. This pre-IPO restructuring process is known as the “House Cleaning” process and is done to ensure that the firm is SEC and compliant in terms of accounting, compensation, contractual agreements, corporate structure, and tax-related considerations. This process will begin with a combination of marketing/public relations and auditing processes and may prove quite costly, especially in combination with SEC filing fees. The time between the initial S-1 filing and the first day of trading, the firm must report as if it were a publicly traded firm each quarter. For firms that are unable to quickly achieve compliance, this may prove quite costly and often will result in an IPO withdrawal filing. Methods to Assess Forms of RestructuringThere are two basic forms of restructuring: financial and transactional. A financial restructuring usually takes place when the operating performance of a private company is doing well but the capital structure needs improvement. Transactional restructuring takes place when there is a need to reconfigure both the operating effectiveness and the capital structure of a private company. Many times financial and transactional restructurings can occur simultaneously. • Tax Basis in Different Businesses: Tax basis is one of the most important considerations in a restructuring process. In a situation where the tax basis is high the parent private company may consider a taxable direct sale of the asset where as when the tax basis is low there parent private company may consider a tax-free alternative such as a spin-off or a split-off. • Break-Up Valuation: Before deciding on a type of divestiture, a parent private company should perform a break-up valuation to determine the extent to which a subsidiary is under or over-valued. The break-up valuation will determine which type of divestiture will be most appropriate. • Leverage: If the parent private company is over-leveraged, it may force the parent private company to sell certain assets where as on the other hand if the parent private company is underleveraged it may wish to pay a special dividend to shareholders or take on additional debt. • Operating Performance: The operating performance of the parent private company is the summation of the performance of its individual subsidiaries. The parent private company may wish to divest poorly performing divisions in an effort to optimize operating efficiency or divest strong but undervalued business units to realize their true value. • Private Company Makeup: The corporate culture and overall structure and strategy of a private company may occasionally differ from its subsidiaries. It may be necessary to divest business divisions whose operations or goals conflict with overall strategic direction of the parent. • Threat of Takeover: A parent private company may consider restructuring to defend against a threat of hostile take-over. The type of threat will determine the restructuring options available to the targeted private company. If the acquiring private company plans to use the excess cash of the targeted private company to help finance the acquisition the targeted private company may pay out a special dividend to shareholders thereby reducing the ability of the acquirer to complete the acquisition. On the other hand if a the acquiring private company is targeting specific assets of a private company the targeted private company may choose to divest those assets to realize their value on the open market thereby foiling the efforts of the acquirer. Bankruptcy Lawyer Free ConsultationWhen you need legal help with a restructuring bankruptcy, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Can You Get A Loan Modification More Than Once? Modern Firearms Curios Relics And Antiques Spinal Cord Slip And Fall Injuries via Michael Anderson https://www.ascentlawfirm.com/how-does-bankruptcy-restructuring-work/ Riverton is located in the southern end of Salt Lake Valley, the first people of European descent to live in the area that is now Riverton settled in the mid-1850s. These early settlers scattered widely along the river bottom in crude dugout homes. Although the early accounts disagree, Archibald Gardner may have been the first to settle Riverton land. The town was originally referred to as “Gardnerville” prior to changing its name to Riverton. Riverton’s initial growth was slow because of the lack of water for irrigation. When more water became available, the town began to grow. Eventually three canals were built to extend water from the nearby Jordan River to the bench land areas, providing irrigation for agricultural uses to the larger area. By the beginning of World War I in 1914, with its additional irrigation water and influx of people, Riverton prospered as an agricultural community. Its thriving business district was also evident at this time. This building also served as a schoolhouse and a community meeting place for the small town. It was a large one-room structure which was later used as a blacksmith shop. Afterward it was remodeled and converted into a home. As Riverton continued to grow a judicial precinct was established. This took place in 1879. At this time the name of the settlement was officially changed from Gardnerville to Riverton by Judge Charles Smith. By 1886 the Riverton Ward was organized and Orrin P. Miller was made its bishop. The meeting house was enlarged in 1888 with a back addition built on the east end. When completed, the whole building had been given a “T” shape. Construction was begun on a two-story commercial building in 1893 by Daniel Densely on the corner of 12600 South and Redwood Road. Located on the northeast corner of the street, it was built of brick and housed the largest dance floor in the south end of the valley on its second story. Dances, wedding receptions, political rallies, community plays and traveling group performances were held there. Businesses were housed on the first floor and at one time or another they include a general merchandise store, post office, bank, harness store, implement shop, carpentry shop, shoe repair store, and beauty and barber shops. The Commercial Building was torn own in 1939. The Page-Pixon store was built around the start of the 20th century, west of Redwood Road at 12760 South. The large department store sold everything from building materials, coal and dry goods to groceries, grain and house wares. This building was set back off the road and had a tie rail in front of it for tying up horses. The Jordan Valley Bank was started in 1905 as a community bank. This bank was first housed in the Page-Hansen Store then the Commercial Building. In 1920 it moved across the street, to the south. Other businesses coming to Riverton in the ten-year period before and after the First World War included Bill’s Meat Market, Gilbert Lloyd’s Blacksmith Shop, Riverton Motors, the Riverton, Utah Canning Factory, the Riverton Alfalfa Mill, Utah Poultry Company and numerous others ranging from theaters to mercantile stores. Farming was also a major Riverton business. Just before the turn of the century, the farmers in Riverton gradually began to change from self-sufficient farming to commercial farming. In its early years Riverton’s farmers were mostly self-sufficient, producing almost everything they needed. This was no longer the case when farming became a business. Riverton farmers were becoming specialists concentrating mostly on alfalfa, wheat, sugar beets, tomatoes, poultry, sheep or dairy cows. At this time, on land purchased from Samuel Howard in 1886, The Church of Jesus Christ of Latter-day Saints began to store tithed produce and livestock. It was not long until the hill that this enterprise was located on, at 1150 West 12400 South, became known as Tithing Yard Hill, which is now a residential planned development under the same name. Electricity first came to Riverton in 1912. The metamorphosis was aided by the increasing availability of the automobile. Rivertonians could now easily work in Salt Lake City and surrounding areas. By 1948, Riverton had grown sufficiently to be incorporated into a city. During this time a New City Hall was constructed at the edge of the Riverton City Park at 12800 South and 1400 West. In 1996 the city purchased the old Riverton Elementary School and its surrounding 9acres of land from the Jordan School District. The city initially put a ballot measure out to fund the school through a general revenue bond, but the measure failed to gain support because it would have raised property taxes for residents of Riverton. Instead the city put together a multi-year plan to convert the old school house to the Riverton Community Center, and some of the land was sold to the County Library System for a new, state of the art library. By 2005–06, the city had successfully renovated the old elementary School into a new Community Center and City hall, which now houses all of the city’s administrative offices. The often contentious city boundaries were in flux between the times of incorporation until the year 2000. At incorporation the boundaries were set from the Jordan River westward to what is now known as the coordinates of 3600 West, and from 11800 South to approximately 13800 South. In 1970, the town of Bluffdale was incorporated, taking in all of the land between 13800 South, southward to the Salt Lake/Utah County Line. 1982 saw the incorporation of the city of Draper, a town once situated at the south-east end of the Salt Lake Valley, their incorporated boundaries, uncontested by Riverton, took area all of the area eastward from the Jordan River to the I-15 freeway, an area that was once “loosely” considered or referred to as Riverton or “Riverton Siding”. In 1996 the city boundaries grew, virtually doubling the physical size of the city, through the annexation of land between Riverton and what was then known as the town of Harriman (now an incorporated city), extending its boundaries from 3600 West to roughly 4800 West, and to 5600 West from 13400 South to 14200 South and points southward beyond the city limits of Bluffdale. Included in the 1996 annexation was the “Foothills” development which had previously been annexed into Riverton during the 1980s, and then later de-annexed after the original developer filed for bankruptcy. The final solidification of Riverton’s boundaries came when the city of Harriman incorporated in 2000, halting any possible further expansion westward by Riverton. ATV Riding Areas In Riverton, Utah• American Fork Canyon: American Fork Canyon offers miles of ATV trails, ranging from dirt roads to single-track trails. American Fork Canyon is widely known for the single track motorcycle trails, but it also offers stunning views and roads wide enough for ATVs and UTVs. ATV and UTV/SxS trails, including dirt roads and designated ATV trails, are considered to be of moderate difficulty, although they do include steep drop-offs and edges. Visitors should explore the trails that lead to locations like Silver Lake, Mineral Basin, Cascade Springs, Mill Hollow, Snake Creek Canyon and Soldier Hollow. • Arapeen ATV Trail System: The Arapeen ATV trail system is located in Sanpete County, two hours south of Salt Lake City, Utah, and includes 750,000 acres of national forest on the Manti Mountain and hundreds of trails to explore on your ATV, motorcycle or UTV. This location is ideal during the summer or for a weekend getaway. You can access the trails from the towns of Fairview, Mt. Pleasant, Spring City, Ephraim, Manti, Sterling, and Mayfield. For more information on the Arapeen OHV trail system. • Casto Canyon ATV Trails: Castor Canyon, located in Panguitch, Utah, allows you to explore the sandstone cliffs that range in color from white, pink and green while enjoying a nice trail ride on your ATV, motorcycle or UTV. These ATV trails allow you to travel through pine trees and can easily connect you to the Fremont ATV trail. Once on the Fremont trail you can go south and get to Tropic Reservoir and the Great Western trail or head north to the Paiute ATV trail system that is also on our list. Coral Pink sand dunes are located near the town of Kanab, Utah. It is unique, as pine trees grow in the reddish-colored sand, and the riding is great. • Coral Pink Sand Dunes State Park: The Coral Pink sand dunes are located just north of Kanab and are easily accessible right off of the freeway. The sand dunes include 1200 acres of red sand in which junipers and pine grow a very unique site to behold. This riding location also offers a campground with paved roads, restrooms, showers and a sewage dump station. This location is ideal for the whole family, as it is convenient but also full of great riding for ATVs, motorcycles and UTVs. • Five Mile Pass ATV Area: Located 25 miles west of Lei, Utah, and Five Mile Pass is a popular riding location for ATVs, UTVs and motorcycles. This ATV area allows riders to explore many types of terrain, including hills, washes, desert and mountain terrain. For day users there is a large parking area with many accessible dirt roads for riding and camping. Plans are currently in the works to install facilities, including water and developed campgrounds, but it’s a good idea to come prepared until then. Currently, there are four new restrooms on site. For more information on the Five Mile Pass ATV area, The Knolls ATV area is 80 miles west of Salt Lake City and offers great riding. The terrain includes sand, hard pack, rocks and even salt flats where you can test your speed. • Knolls ATV Area: The Knolls ATV area is about 80 miles west of Salt Lake City, Utah, and only 45 miles east of Wendover, Nevada. This diverse area consists of white sand dunes, mud flats, trails and hills cascading over 30,000 acres of land. This land is managed by the BLM and is open for riding and camping year round. There are toilet facilities available, but no running water. For more information on the Knolls OHV area, Little Sahara in Jericho, Utah, is an awesome place to have a dune session. It includes 60,000 acres of large sand dunes that are up to 700 feet tall. • Little Sahara Sand Dunes: Little Sahara sand dunes located in Jericho, Utah, has been named one of Utah’s premier riding destinations. This recreation area includes 60,000 acres of large sand dunes (up to 700 feet), trails and rocky hills. Sand Mountain is a drag racers paradise where you can bring your machine and race it against the fastest machines Utah has to offer. When riding here, it is a requirement to use whip flags. A day-use fee or annual permits are also required. When camping or just riding, the main staging areas include Sand Mountain, White Sands, Oasis and Jericho. • Mill Canyon ATV Trails: Mill Canyon, just west of Midway, Utah, in the Wasatch Mountains, is best to ride during late spring through early falling. The staging area can be found north of Soldier Hollow golf course and includes parking and restrooms. These trails stretch across 75 miles of mountains. An added bonus to the great mountain views are the chances to spot wildlife, such as deer, elk, moose, coyote, eagles, hawks and black bears. It is best to visit this area during the late spring through the early fall. • Moab ATV Trails: Moab ATV trails can be found 230 miles southeast of Salt Lake City, Utah. This area is world-renowned for its technical slick rock and off-road trails, but it also offers sand trails. No matter the terrain you are riding, you will see some amazing scenic views. Because of its more technical terrain, riding in Moab is suggested for experienced riders or drivers. Even less experienced riders can enjoy the views by taking a local RZR or Hummer tour. The area is great year round; however, the summers may get unbearably hot. • Paiute ATV Trail System: The Paiute trail system allows riders to enjoy over 1000 miles of trails, as it is Utah’s longest and one of the country’s most popular ATV trail system. As it is located in south/central Utah, it can be easily accessed from Beaver, Fillmore, Richfield and Salina. Each of the previously mentioned towns offers all the necessary accommodations. • Pine Lake ATV Trail: Pine Lake Trail, 37 miles east of Panguitch, Utah, offers mountain trails and views of the national forest. It is suggested that you park and camp at the Pine Lake campground because you can ride directly from there. This trail provides riders with great trails and camping. The trails are not technical, and it’s only a 21-mile loop, but you will be rewarded with outstanding views. • San Rafael Swell Recreation Area: The San Rafael Swell recreation area is 30 miles west of Green River, Utah, in Emery County off of Interstate 70. The 1500 square miles of BLM land consists of beautiful desert, canyon gorges and colorful landscape. When visiting this recreation area, it is a must to ride Devils Racetrack, Iron Wash, Buckhorn Wash, Ernie Canyon and 5 Miles of Hell. Some of these trails may be limited to single track only, but there is a wide range where you can ride your ATV or drive your UTV • Sand Hollow Sand Dunes State Park: Sand Hollow State Park is a short drive east from Saint George, Utah, in Hurricane. The only access to this park is through Hurricane, Utah. Sand Hollow allows you to explore scenic red sand dunes, sand trails and red rock. There are several challenging trails where you can test your ATV, motorcycle or UTV on rock-climbing obstacles. Beyond the beautiful scenery, camping sites are available, but must be reserved ahead of time. One thing that is unique about Sand Hollow is the lake that is located there. You can ride near the beach and then take a swim or go fishing. • White Wash Sand Dunes: White Wash sand dunes, also referred to as “Dubinky,” are about 25 miles southeast of Green River, Utah, and 47 miles northwest of Moab. The area is open for ATV use and includes sand dunes, washes, slick rock and desert trails. If you are looking for a trail to test your technical riding skills, you should explore Brian’s Trail and Mary’s Trail for difficult slick-rock sections. East of the slick rock, one can find sand, washes, single track, and two-track. Riverton Utah ATV Accident Attorney Free ConsultationIf you or someone you love has been injured in an ATV accident, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
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Protect Your Lien Rights With The Utah State Construction Registry How Investors Can Protect Themselves More Utah Divorce Cases May Be Caused By Cheating Wives What Is A Change Of Circumstances? via Michael Anderson https://www.ascentlawfirm.com/atv-accident-lawyer-riverton-utah/ A regulation implementing federal firearms laws, 27 CFR §478.11, defines Curio or Relic (CFR) firearms as those which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as CFR items, 478.11 specifies that firearms must fall within one of the following categories: • Firearms which were manufactured at least 50 years prior to the current date, but not including replicas of such firearms; • Any other firearms which derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or because of their association with some historical figure, period, or event. How to Legally Own an Antique FirearmGun laws in Utah, differ drastically from state to state, and laws regarding antique firearms are no exception. Even if you’re only a collector with no intent to ever fire the weapon, you may have to fire the same rules and regulations you would for more modern firearms. While most states provide exceptions from various licensing requirements for antique firearms, what is considered an “antique” may vary extensively. If you want to legally own an antique firearm, the law in the state where you live and plan to store the weapon is the most important. • Apply for a state license: Typically, you don’t need a license to buy or own an antique firearm. However, not being licensed limits your ability to use or transport your gun, and you may not be able to sell it to others. A state license generally is a “license to carry,” meaning you need the license if, for example, you want to take your antique firearm to a local shooting range and fire it. However, before you rely on this you should check to make sure that your antique firearm falls within the licensing exemption, which may differ from the purchase or possession exemption. When you buy your antique firearm, think about the reason for your purchase and what you anticipate doing with it. If you’re a collector who intends to hang it on your wall or display it in a case, and knows you’re never going to attempt to fire it, you shouldn’t need a license in most states. Buying or Selling Antique Firearms• Buy only from reputable dealers: You can find numerous antique firearms available online, at pawn shops, or in other locations. However, without knowing the dealer’s reputation you can’t be sure that you’re actually getting what you’ve paid for. If you have a C&R license, you’ll have to get details about the person from whom you’re buying the firearm for your records. However, apart from that information, you should be able to find out basic information about the reputation of this particular seller before you buy an antique firearm from them. While this isn’t necessarily a legal consideration, it can be if someone sells you a firearm claiming that it is an antique, when it really isn’t particularly if you don’t have a license to buy or possess modern firearms. • Get an independent appraisal: If you’re a collector, or if you’re concerned about the collectible or historical value of a particular antique firearm, an independent appraisal can let you know what you’re getting and how much it’s worth. Who you contact for an appraisal depends on the type of firearm you’re purchasing. If you’re only concerned about the age of the weapon, you want to find an antique firearms expert. Your local gun dealer may be able to point you to someone who specializes in dating antique firearms. If the antique firearm is alleged to have particular historical significance, you will want to have it evaluated by a museum curator or historian who specializes in that particular period of time or type of weaponry. • Review transport laws: State and federal laws cover the shipping or transport of firearms from one state to another, and from another country into the United States. Even if your seller is located in the same state as you, your state may have specific legal requirements for transporting the weapon. If you have a C&R license, you don’t have to worry about transport restrictions if you’re buying and selling within your own state. However, to transport an antique firearm across state lines, you typically must use a federal firearms licensee within the state where the firearm is located. That licensee can then transfer the firearm to you, or to a federal firearms licensee in your state to deliver to you. If you want to import an antique firearm (or ammunition) from another country, this also must be done by a registered firearm dealer. The ATF provides forms which must be completed prior to making an international purchase or sale and transfer. Visit the ATF website to download those documents. If the firearm you wish to transport is more than 100 years old, it is eligible for duty-free transport internationally. However, you must be able to provide proof of age. • Work with a federal firearms licensee: When selling one of your antique firearms, you typically must go through a federal firearms licensee to complete the transfer. In some states, you may be allowed to make the sale at a local law enforcement agency. States have different laws regarding private sales between two private individuals. Many states require you to complete the sale using a federal firearms licensee, but some do not. For example, suppose you see an antique firearm on an online auction site that you want to purchase. Your state law controls how the final transfer of the weapon can be made. Generally it can’t simply be shipped to you. Instead, you must meet with the seller in person to take possession of the antique firearm. Talk to a gun dealer in your area or contact the state agency that regulates and enforces state gun laws to learn if you must use a federal firearms licensee to complete private transactions. Keeping Antique Firearms• Store your firearms appropriately: Each state has specific laws regarding the storage of firearms, whether antique or modern. Some cities have their own gun laws as well, which may further restrict how you can store your antique firearms. In some states, antique firearms are not exempted from state storage laws. However, others carve out an exemption for antiques being displayed for collection purposes, provided they are not loaded. Generally, you should avoid keeping even antique firearms where children can reach them or take them down to play with them. Keep in mind that children are naturally curious, and will want to inspect anything within their reach. Check legal requirements if you need to move your weapon. All states have requirements for the safe transportation of a weapon. Even if you move, or are taking your antique firearm out of state yourself, there may be restrictions on how you can transport your weapon across state lines. If you’re transporting your antique firearms because you’re moving to another state, make sure they’re secured properly and safely, and are not loaded while they are being transported. In some instances, particularly if you don’t have a license yourself, you may be required to ship your antique firearm to a federal firearms licensee. They will return the weapon to you when you arrive at your destination. When you’re travelling between states, more than one state’s laws may come into play. If you don’t want to go through the hassle of trying to analyze the gun laws of several states, it may be easiest to arrange for your antique firearm to be shipped to a federal firearms licensee so you can pick it up when you arrive at your destination. Use federal firearms licensees for transfers. If you give or loan your antique firearm to anyone else, you typically must go through a federal firearms licensee – even if it isn’t a sell and no money is exchanging hands. This typically will not apply if you have a C&R license – in that case you can complete the transfer yourself. However, if the person to whom you’re transferring the firearm is not licensed, you may need to find a federal firearms licensee to receive the firearm for them. For example, suppose you have an antique firearm and you want to give it to your nephew, who has recently started collecting antique firearms. Even though no money is changing hands, you may need to go through a federal firearms licensee if you don’t have a license yourself. However, if you do have a license, you should be able to complete the transfer on your own. Contact a gun dealer near you if you are unsure whether you can transfer your antique firearm to someone else. They will let you know what your state law allows. • Keep your antique firearms unloaded: Many state laws do not allow antique firearms to be stored loaded. Particularly if the gun uses black powder, these weapons are highly volatile and dangerous if they’re loaded but not fired. In some states and cities, any ammunition you own must be kept in a separate, locked container from the antique firearm itself. Keep in mind that the idea that collectors typically don’t intend to use antique firearms in the same way or for the same purposes people have modern firearms is part of the reason for the exemption from various licensing requirements. States that allow gun owners to keep loaded weapons for self-defense purposes typically do not allow muzzle-loaded weapons that use black powder for ammunition to be kept loaded. You should only “load” a black-powder weapon if you intend to fire it immediately. If your muzzle-loaded weapon has been converted so that it can fire standard bullets, it may not be considered an antique firearm as a result of that modification. Modern Firearms“Modern firearms” are those manufactured after 1898 which do not use black powder or fixed cartridges. Most are match, wheel-lock, flintlock, or percussion cap models. Since most firearms of this era were not date stamped, proof marks from the manufacturer are the most common way age is established. Proof marks vary greatly in shape, detail, and specificity. Modern firearms can roughly be divided into three different categories: handguns, rifles, and shotguns. “Handguns” or “pistols” include revolvers, semi-automatic pistols, and single shot pistols. The main distinction between a handgun and a rifle or shotgun is not the ammunition or overall length but rather the design of the firearm to be fired from the hand rather than from the shoulder. Rifles are defined by 18 U.S.C. § 921(a)(7) as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.” Shotguns are defined as “a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of an explosive to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.” The primary difference between a rifle and shotgun is the use of rifled vs. smooth bore. A rifled barrel allows for much greater accuracy and range while a smooth bore allows for multiple projectiles useful for activities such as bird hunting or shooting moving targets. Rifles and shotguns employ numerous loading methods including: semi-automatic; pump; lever; bolt; etc. “Curios and relics” “have special value to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:” non-replicas manufactured at least fifty years prior to the present date; b) be certified by the curator of a municipal, state, or federal museum which exhibits firearms to be curios or relics of museum interest; or ) any other firearm which derives a substantial portion of its monetary value from its novelty, bizarreness, or because it is associated with some historical person, period, or event. A special curios and collector’s license is available from the ATF to allow a person to acquire such firearms (only such firearms) in interstate commerce. “Transfers of curio or relic firearms by licensed collectors are not subject to the requirements of the Brady law [nor must a FFL use a form 4473]. It is, however, unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of persons prohibited from receiving or possessing firearms.” “Antique” firearms are defined in 18 U.S.C. § 921(a)(16) as: any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or any replica of any firearm described in subparagraph if such replica is not designed or redesigned for using rim fire or conventional center-fire fixed ammunition, or ( uses rim fire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof. Firearms Attorney Free ConsultationWhen you need legal help with regarding the ATV, guns, or firearms in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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