By definition, a real estate planning lawyer is an attorney who gives legal advice to clients who own assets that need to be managed during their incapacity or death. This includes the granting or release of these assets to heirs, and the payment of corresponding estate taxes to the state. Basic Responsibilities of Estate Law AttorneysEstate planning attorneys are responsible for the determination of specific distribution of their client’s estate to their heirs. They are also the most knowledgeable people who can give advice to clients who plan to set up a trust where assets are saved and reserved for a specific beneficiary. These law practitioners draft wills and other documents that revolve around trusts and estate planning. Aside from taking care of estate plans and trusts, estate planning lawyers are the best persons who can give insights regarding retirement plans and life insurance laws. They also settle trusts, real estate plans, wills, and related deeds that need court litigation. An effective estate law attorney is one who has a detailed knowledge of property, trust, wills, and state and federal tax laws. Actually, there are two kinds of estate law attorneys, the litigation real estate attorney and the transactional real estate attorney. Transactional attorneys work on the preparation of documents, review of the documents and negotiate terms, and perform other tasks to get things done on behalf of their clients. The litigation attorney on the other hand, works to resolve in the court of law, real estate transactions that have legal impediments. What is Real Estate?Real estate refers to a person’s assets, property or holdings. It is deemed as a person’s net worth at any given time, minus his liabilities. It is important to engage the services of an estate planning lawyer in the disposal or distribution of his estates because it makes the process more systematic and it helps to increase the estate value by way of reduced taxes and other expenses. What is Probate?Probate is the first and primary step in the legal procedure of managing a deceased person’s estate. It is the process of validating and approving a person’s will through the probate court. It makes the will a legal document which can be enforced. These are the most basic facts regarding real estate and estate planning lawyers. These will be your first step should you want to establish a trust or find a lawyer to work for the distribution of your estate. Levels of Estate Planning In Clearfield UtahThe five levels of estate planning is a systematic approach for explaining estate planning in a way that you can easily follow. Which of the five levels you need to complete is based on your particular objectives and circumstances. Level One: The Basic PlanThe situation for level one planning is that you have no will or living trust in place, or your existing will or living trust is outdated or inadequate. The objectives for this type of planning are to: Level Two: The Irrevocable Life Insurance Trust (ILIT)The situation for level two planning is that your estate is projected to be greater than the estate-tax exemption. While there is a present lapse in the estate and generation-skipping transfer taxes, it’s likely that Congress will reinstate both taxes (perhaps even retroactively) sometime this year. Level Three: Family Limited PartnershipsThe situation for level three planning is that you have a projected estate-tax liability that exceeds the life insurance purchased in level two. If your $1 million gift-tax exemption ($2 million for married couples) is used to make lifetime gifts, the gifted property and all future appreciation and income on that property are removed from your estate. More people would be willing to make gifts to their children if they could continue to manage the gifted property. A family limited partnership (FLP) or a family limited liability company (FLLC) can play a valuable role in this situation. You would typically be the general partner or manager and in that capacity, continue to manage the FLP or FLLC’s assets. You can even take a reasonable management fee for your services as the general partner or manager. Moreover, by gifting FLP or FLLC interests to an ILIT, the FLP or FLLC’s income can be used to pay premiums, thereby freeing up your $13,000 / $26,000 annual gift-tax exclusion for other types of gifts. Level Four: Qualified Personal Residence Trusts and Grantor Retained Annuity TrustsThe situation for level four planning is the additional need to reduce your estate after your $1 million/$2 million gift-tax exemption has been used. Although paying gift taxes is less expensive than paying estate taxes, most people do not want to pay gift taxes. There are several techniques to make substantial gifts to children and grandchildren without paying significant gift taxes. One technique is a qualified personal residence trust (QPRT). A QPRT allows you to transfer a residence or vacation home to a trust for the benefit of your children, while retaining the right to use the residence for a term of years. By retaining the right to occupy the residence, the value of the remainder interest is reduced, along with the taxable gift. Another technique is a grantor retained annuity (GRAT). A GRAT is similar to a QPRT. The typical GRAT is funded with income-producing property such as subchapter S stock or FLP or FLLC interests. The GRAT pays you a fixed annuity for a specified term of years. Because of the retained annuity, the gift to the remaindermen (your children) is substantially less than the current value of the property. Both QPRTs and GRATs can be designed with terms long enough to reduce the value of the remainder interest passing to your children to a nominal amount or even to zero. However, if you do not survive the stated term, the property is included in your estate. Therefore, it is recommended that an ILIT be funded as a “hedge” against your death prior to the end of the stated term. Level Five: The Zero Estate-Tax PlanLevel five planning is a desire to “disinherit” the IRS. The strategy combines gifts of life insurance with gifts to charity. For example, take a married couple; both age 55, with a $20 million estate. Assume that there is neither growth nor depletion of the assets and that both spouses die in a year when the estate-tax exemption is $3.5 million, and the top estate-tax rate is 45%. With the typical marital credit shelter trust, when the first spouse dies, $3.5 million is allocated to the credit shelter trust and $16.5 million to the marital trust. No federal estate tax is due. However, at the surviving spouse’s death, the estate tax due is $5.85 million. The net result is that the children inherit only $14.15 million. With the zero estate-tax plan, the ILIT (with generation-skipping provisions) is funded with a $13 million second-to-die life insurance policy. These gifts reduce the estate value to $18 million. In addition, the couple’s living trusts each leave $3.5 million (the amount exempt from estate taxes) to their children upon the surviving spouse’s death. The balance of their estate ($11 million) passes to a public charity or private foundation-estate-tax free. To summarize, the zero estate-tax plan delivers $20 million (i.e., $13 million from the ILIT and $7 million from the living trusts) to the children instead of $14.15 million; the charity receives $11 million instead of nothing; and the IRS receives nothing, instead of $5.85 million. In summary, with some advanced planning, it is possible to reduce estate taxes, avoid probate, set forth your wishes, and protect your heirs from creditors, ex-spouses and estate taxes. An estate planning lawyer can help individuals create a last will or establish a trust to protect inheritance assets in the event of their death. It is important to select a probate law attorney who listens to your needs and provides sound advice for developing strategies which benefit designated beneficiaries. Recently, a colleague hired an estate planning lawyer to assist with her terminally-ill mother’s estate. Although her mother was not a wealthy woman, she owned a home, automobile and held financial portfolios and life insurance policies. The estate attorney was referred through her mother’s credit union. Considerable family strife existed within the family and her mother wanted to disinherit one of her sons. The estate planner executed a simple will and provided strategies to prevent assets from passing through probate. Due to the nature of illness, the woman’s daughter did not have time to consult with multiple probate law firms. Instead, she was forced to work with an asset protection attorney who had no prior knowledge of her mother, family dynamics, or how she intended to distribute inheritance assets. The credit union closed their estate planning division due to budget cuts. The daughter was not informed of this and only discovered she no longer had a lawyer for probate after her mother passed away. This created chaos for the daughter who was designated as the probate executor. To make matters worse, the estate administrator resided in another state. She was forced to locate a new probate litigation attorney just days before returning home. During their meeting, the man expressed no interest in her mother’s estate and was unable to provide advice on how to protect her mother’s Will from being contested by the disinherited son. Fortunately, she was well-versed in estate planning and had taken steps to obtain asset protection. Because the remainder of the estate was small, the Administrator was able to avoid probate and settle her mother’s estate within a few months. This goes to show things can go dreadfully wrong when estate planning is put off until a person is terminally ill. Many unwanted issues can arise when trusts and estates are executed during the final weeks of a person’s life. This is of importance when executing a last will and testament and distributing assets amongst dysfunctional families. When probate estate planning is conducted in the final stages of life, disinherited heirs can contest the will by claiming the decedent was not of sound mine or under the influence of another’s persuasion. When Wills are contested, estates can be suspended in probate for months or years and potentially bankrupt the estate. Estate and trust planning should be initiated while you are in good health. Hiring an estate planning probate lawyer ensures your final wishes will be followed when you die. It also eliminates stress from the appointed probate personal representative. To find estate planning probate lawyers visit the American Bar Association website, seek out lawyer referral networks, or browse local telephone directories. Interview a minimum of four lawyers. Ask for referrals and follow-up. With the repeal of the estate tax (and generation skipping tax or “GST”), you may have put your estate plan on hold. This could be a serious mistake and put your family’s (and business’) financial future in jeopardy! You need an estate plan whether or not the estate tax (and GST) applies to you. Tax avoidance (or more accurately, minimizing the estate tax) is not the only reason to establish your estate plan. Do Not Let the State Distribute Your Estate!The primary focus of most estate plans is to determine how to distribute your assets. If you do not have an estate plan, the state imposes its plan on you, and the state’s succession statutes will determine how your assets are distributed. To avoid having the state decide who is entitled to your assets and how much they will receive you need to have an estate plan. Rule From the GravePerhaps one of the most powerful tools an estate plan can provide is the peace of mind that your hopes and goals for your children will be relevant after you are gone. By transferring your assets through a trust, rather than outright, you can provide substantial limitations on the distributions from the trust. Your lawyer can help craft provisions that link distributions from the trust to certain requirements or goals you wish to impose. For example, a trust could prohibit or limit distributions to a beneficiary until they reach a certain age or obtain a college degree. On the other hand, the trust can also provide a beneficiary with the right to withdraw funds from to help them with their education, pay for a wedding a house or open a business. With an estate plan, you can also provide substantial protections to your surviving spouse, your children and the other beneficiaries of your trust. In general, debts and judgments against a trust beneficiary may not be satisfied from trust assets and a beneficiary cannot be forced to demand a distribution. The use of a trust is also effective in keeping the assets separate from a beneficiary’s spouse; this reduces the likelihood of your assets ending up in the hands of a divorcing spouse. Do Not Delay Have Your Say!If you have children who are minors, you need to establish who will care for them if you pass away. This may especially important if your child’s other parent is remarried, absent, or otherwise ill-prepared to handle the responsibility of raising your children. Again, if you do not name guardians for your children, the state could appoint someone for them, particularly if your child receives an inheritance. A properly drafted estate plan will address who will be the guardian for your children. You can assign the responsibilities to one or more persons – i.e., one person can be responsible for the general welfare of your child, while another guardian can be solely responsible for their finances. Plot Your Own Fate and Avoid Probate!Probate – the administration and distribution of your estate through the probate courts- can be an expensive, time-consuming process. However, with the proper planning it can be easily avoided. Estate planning is especially important to avoid probate when you own real estate in more than one state. You probably have taken certain steps that can help you avoid probate, such as placing your home and bank accounts in joint ownership or providing for rights of survivor ship, and completing beneficiary designations for your 401K/IRA and insurance policies. These steps help avoid probate, but only to a certain degree. These steps often do not allow for more complex distributions. In addition, these steps only provide for limited distribution/access on your death, but do not address or offer any instruction on how you wish to be treated and cared for if you become disabled, incapacitated, or temporarily unable to make decisions for yourself. Worse yet, these steps may not offer your loved ones the access to your funds, accounts and other assets to pay for your care if you become incapacitated. To avoid probate, you need to need to ensure your property, 401Ks, bank accounts are titled properly and your wishes are properly documented. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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Family Law Attorney Free Consultation Estate Planning Attorney Cedar Hills Utah Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/estate-planning-attorney-clearfield-utah-2/
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A trust is the legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to that property. The beneficiary is entitled to the performance of certain duties and the exercise of certain powers by the trustee, which performance may be enforced by a court of equity. Most trusts are founded by the persons (called trustors, settlors and/or donors) who execute a written declaration of trust which establishes the trust and spells out the terms and conditions upon which it will be conducted. The declaration also names the original trustee or trustees, successor trustees or means to choose future trustees. The assets of the trust are usually given to the trust by the creators, although assets may be added by others. During the life of the trust, profits and, sometimes, a portion of the principal, called the “corpus”, may be distributed to the beneficiaries, and the remainder to is usually distributed upon the occurrence of an event, such as the death of the creator. A trust may be created as an alternative to a will in order to avoid probate and higher taxation. There are many types of trusts, including “revocable trusts”, created to handle the trustors’ assets (with the trustor acting as initial trustee), also called a “living trust” or “inter vivo trust”, which only becomes irrevocable on the death of the first trustor; “irrevocable trust,” which cannot be changed at any time; “charitable remainder unitrust,” which provides for eventual guaranteed distribution of the corpus (assets) to charity, providing a substantial tax benefit. There are also “constructive” and “resulting” trusts declared by a court for equitable reasons over property held by someone for its owner. A “testamentary trust” can be created by a will to manage assets given to beneficiaries. Types of TrustsA trust is a legal document that can be created during a person’s lifetime and survive the person’s death. A trust can also be created by a will and formed after death. Once assets are put into the trust they belong to the trust itself (such as a bank account), not the trustee (person). They remain subject to the rules and instructions of the trust contract. In essence, a trust is a right to money or property, which is held in a fiduciary relationship by one person or bank for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. Revocable TrustsRevocable trusts are created during the lifetime of the trust-maker and can be altered, changed, modified or revoked entirely. Often called a living trust, these are trusts in which the trust-maker: Revocable trusts are extremely helpful in avoiding probate. If ownership of assets is transferred to a revocable trust during the lifetime of the trust-maker so that it is owned by the trust at the time of the trust-maker’s death, the assets will not be subject to probate. Although useful to avoid probate, a revocable trust is not an asset protection technique as assets transferred to the trust during the trust-maker’s lifetime will remain available to the trust-maker’s creditors. It does make it more somewhat more difficult for creditors to access these assets since the creditor must petition a court for an order to enable the creditor to get to the assets held in the trust. Typically, a revocable trust evolves into an irrevocable trust upon the death of the trust-maker. Irrevocable TrustAn irrevocable trust is one that cannot be altered, changed, modified or revoked after its creation. Once a property is transferred to an irrevocable trust, no one, including the trust maker, can take the property out of the trust. It is possible to purchase survivorship life insurance, the benefits of which can be held by an irrevocable trust. This type of survivorship life insurance can be used for estate tax planning purposes in large estates; however, survivorship life insurance held in an irrevocable trust can have serious negative consequences. Asset Protection TrustAn asset protection trust is a type of trust that is designed to protect a person’s assets from claims of future creditors. These types of trusts are often set up in countries outside of the United States, although the assets do not always need to be transferred to the foreign jurisdiction. The purpose of an asset protection trust is to insulate assets from creditor attack. These trusts are normally structured so that they are irrevocable for a term of years and so that the trust-maker is not a current beneficiary. An asset protection trust is normally structured so that the undistributed assets of the trust are returned to the trust-maker upon the termination of the trust provided there is no current risk of creditor attack, thus permitting the trust-maker to regain complete control over the formerly protected assets. Charitable TrustCharitable trusts are trusts which benefit a particular charity or the public in general. Typically charitable trusts are established as part of an estate plan to lower or avoid the imposition of estate and gift tax. A charitable remainder trust (CRT) funded during the grantor’s lifetime can be a financial planning tool, providing the trust-maker with valuable lifetime benefits. In addition to the financial benefits, there is the intangible benefit of rewarding the trust-maker’s altruism as charities usually immediately honor the donors who have named the charity as the beneficiary of a CRT. Constructive TrustA constructive trust is an implied trust. An implied trust is established by a court and is determined by certain facts and circumstances. The court may decide that, even though there was never a formal declaration of a trust, there was an intention on the part of the property owner that the property is used for a particular purpose or go to a particular person. While a person may take legal title to a property, equitable considerations sometimes require that the equitable title of such property really belongs to someone else. Special Needs TrustA special needs trust is one that is set up for a person who receives government benefits so as not to disqualify the beneficiary from such government benefits. This is completely legal and permitted under the Social Security rules provided that the disabled beneficiary cannot control the amount or the frequency of trust distributions and cannot revoke the trust. Ordinarily, when a person is receiving government benefits, an inheritance or receipt of a gift could reduce or eliminate the person’s eligibility for such benefits. By establishing a trust, which provides for luxuries or other benefits which otherwise could not be obtained by the beneficiary, the beneficiary can obtain the benefits from the trust without defeating his or her eligibility for government benefits. Usually, a special needs trust has a provision that terminates the trust in the event that it could be used to make the beneficiary ineligible for government benefits. Special needs have a specific legal definition and are defined as the requisites for maintaining the comfort and happiness of a disabled person when such requisites are not being provided by any public or private agency. Special needs can include medical and dental expenses, equipment, education, treatment, rehabilitation, eyeglasses, transportation (including vehicle purchase), maintenance, insurance (including payment of premiums of insurance on the life of the beneficiary), essential dietary needs, spending money, electronic and computer equipment, vacations, athletic contests, movies, trips, money with which to purchase gifts, payments for a companion, and other items to enhance self-esteem. The list is quite extensive. Parents of a disabled child can establish a special needs trust as part of their general estate plan and not worry that their child will be prevented from receiving benefits when they are not there to care for the child. Disabled persons who expect an inheritance or other large sum of money may establish a special needs trust themselves, provided that another person or entity is named as trustee. Spendthrift TrustA trust that is established for a beneficiary that does not allow the beneficiary to sell or pledge away interests in the trust is known as a spendthrift trust. It is protected from the beneficiaries’ creditors, until such time as the trust property is distributed out of the trust and given to the beneficiaries. Tax By-Pass TrustA tax by-pass trust is a type of trust that is created to allow one spouse to leave money to the other while limiting the amount of federal estate tax that would be payable on the death of the second spouse. While assets can pass to a spouse tax-free, when the surviving spouse dies, the remaining assets over and above the exempt limit would be taxable to the children of the couple, potentially at a rate of 55 percent. A tax by-pass trust avoids this situation and saves the children perhaps hundreds of thousands of dollars in federal taxes, depending upon the value of the estate. Totten TrustA Totten trust is one that is created during the lifetime of the grantor by depositing money into an account at a financial institution in his or her name as the trustee for another. This is a type of revocable trust in which the gift is not completed until the grantor’s death or an unequivocal act reflecting the gift during the grantor’s lifetime. An individual or an entity can be named as the beneficiary. Upon death, Totten trust assets avoid probate. A Totten trust is used primarily with accounts and securities in financial institutions such as savings accounts, bank accounts, and certificates of deposit. A Totten trust cannot be used with real property. It provides a safer method to pass assets on to family than using joint ownership. To create a Totten trust, the title on the account should include identifying language, such as “In Trust For,” “Payable on Death To,” “As Trustee For,” or the identifying initials for each, “IFF,” “POD,” “ATF.” If this language is not included, the beneficiary may not be identifiable. A Totten trust has been called a “poor man’s” trust because a written trust document is typically not involved and it often costs the trust maker nothing to establish. Advantages and Disadvantages of Living TrustsRegardless of whatever else you may have heard there are only two ways to avoid probate: don’t die and don’t own anything. The living trust attempts to accomplish the second way of avoiding probate, no one having yet discovered how to accomplish the first. As an estate planning tool, a living trust is neither inherently good nor inherently bad. It has certain advantages and certain disadvantages. Whether its use is appropriate depends upon the particulars and is a matter for individual determination. But first, a little background. Probate is simply the procedure for transferring a decedent’s assets, either by that person’s will or by state statute if there is no will. In the overwhelming majority of cases, the system functions smoothly and without undue delay or expense. It is the rare, but sometimes colorful case in which the estate is tied up for years and burdened by enormous legal fees and administrative expenses – whether because of a will contest or other disputes among the heirs or because of disputed claims against the estate – that provides grist for the mill of the “avoid probate” industry. You might not know it from the sales pitches, but a “living trust’ is nothing new as an estate planning mechanism. It has been around for years under the more traditional names “revocable trust” and “inter vivo trust,” literally, a trust “between the living.” If it tells you nothing else, the Latin name tells you that the concept is very traditional. A living or revocable trust is one created by a person while living that may be revoked or modified by that person without the consent of any other person. The creator of the trust, called the “settler” or “grantor,” can be his or her own trustee and can designate a successor trustee or trustees in the event of incapacity or death. The settlor is typically the beneficiary of the trust during his or her life, and designates in the trust document who will be the beneficiaries upon his or her death. The use of a revocable trust “to avoid probate” requires that the trust be funded with all or substantially all of the settlor’s assets during the settlor’s life. It is in this way that the revocable trust enables the settler to follow the aforementioned advice, “don’t own anything.” The assets have passed from individual ownership to ownership by the trust. Thus, when the settlor dies there is nothing in the estate (assuming no further acquisitions) and nothing to “probate,” even though the settler, as beneficiary, has enjoyed the use of the trust assets during his or her life. There can be additional advantages of such trusts, beyond probate avoidance. For example, if the settler is successful in avoiding probate, the size and distribution of the estate can be kept confidential, unlike probate proceedings which are matters of public record. Also, the assets of a living trust can typically be distributed to beneficiaries sooner than is possible in the probate of an estate. Living trusts also can be an excellent way of keeping records and managing property. Another argument for living trusts is that confidentiality of trust provisions and avoidance of court procedures tend to reduce the likelihood of the equivalent of a will contest. A major disadvantage of a living trust is the cost associated with its preparation and funding. The paperwork is more complex for a living trust than for a will and the attorney’s fee is typically larger. Property that passes by title, for example, real estate and vehicles, has to be transferred formally from individual ownership to trust ownership. More paperwork and more expense. Beneficiary designations to property such as insurance policies and bank accounts may also need to be changed. For an estate with fairly extensive property and complex dispositions, the cost of preparing and funding a living trust can be two or three times the cost of a will with equivalent dispositions. People who choose a living trust over a will are essentially doing much of their own probate before their death, similar to the way that some people plan their own funerals. As a result, they are paying costs and performing work now that would otherwise be deferred until after death and then paid by their estate and performed by their Personal Representative. There is nothing wrong with this of course, as long as a person realizes that is what he is doing. Additionally, the formalities of setting up and funding a living trust must be observed and records kept to reflect that observance throughout the settlor’s life if the transfer of the assets is to occur smoothly and without probate when the settlor dies. Again, more paperwork and transaction expenses to keep the trust current. Unfortunately, many people lack the self-discipline necessary to keep their affairs in the order required by a living trust after they have established one. The costs to set up, maintain, and administer a living trust are generally at least the same as the costs of a will plus probate. With a living trust those costs are loaded toward the front end, with a will toward the back end. On occasion, there is a distinct advantage to opening a probate case even where the decedent had a trust and all the decedent’s property had been placed in the trust. The probate process allows for publication of a “Notice To Creditors,” which in effect imposes a very short statute of limitations on claims against the estate. Trust administration procedures do not provide for this, so any claims against the trust are subject only to their ordinary limitations periods. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
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Creditor Claims Against Retirement Assets Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/trust-dos-and-donts/ The area of family law is composed of the legal relationships between family members. These relationships can include those of parents, children, spouses, domestic partners, and guardians. Issues involving family law can include: marriage, divorce, child custody, child support, adoption, reproductive rights, paternity, and domestic violence. Family law encompasses the rules, regulations, and court procedures that involve the family unit. As such, it is not uncommon for cases that are heard in family court to be very personal and emotional. Family law attorneys help their clients file for divorce or separation, child custody and visitation, child support, and alimony. Experienced lawyers also assist their clients in establishing paternity, obtaining domestic violence restraining orders, property division, debt allocation, and parenting plans. Family law attorney is a person who deals with all the matters of families. No matter if it is a matter of marriage, divorce, child custody, property, ownership, etc. The Family-law attorney deals with all such matters. A Family-law attorney is out of the zone of the criminal justice system and works only under civil law. Whenever a person gets a problem in family matters, no matter how severe the condition is, a Family-law attorney is hired, not a criminal lawyer. A Family-law attorney has the massive responsibility of getting justice for his clients. Do You Need A Family-Law Attorney?The first step to finding out the best Family-law attorney during your research is to determine why you and whether you need a Family-law attorney or not. By identifying this, you will be able to know the specialized area of Family-law attorney for which you need services. One you will recognize this; you will be able to narrow down your Family-law attorney research only to those who deal with problems that you are facing. Decide the Right VenueThis is also an important step to keep in mind because every country and state has its laws under which it works. It is therefore important that the person who is filing the case chose the right venue of the claim. The venue must be the one in which both the member of the party is present. In another case, it will be difficult to follow the example if the laws have huge differences. Another benefit of doing this is that the Family-law attorney you will choose will know the court and the judges of that place. It will be easy for him to evaluate the situation and also will have an idea that how to handle the case before the authorities. Do Some ResearchQuick research about the Family-law attorney you are going to choose for your case will be of great help as it will provide you with all the background knowledge of the lawyer. You can search for the official website of the Family-law attorney and see how his work is going on and how active he is participating in different cases. Moreover, you can also go through social media account of your chosen Family-law attorney, as it is also helpful in understanding that person. Other than this, you can see the press releases about that person or meet someone of his organization to know well about him and his working attitude. This point is of great importance, so never neglect or miss it. Narrow Down Your ChoicesAfter all the above efforts gave, you will be now able to narrow down the search of your Family-law attorney. You might have 10 Family-law attorneys on your list in the start, but after the above evaluation, you might be left with only 2 or 3. Now, you can choose the best one out of these very easily. You may consider the minor factors for this. For instance, you can choose the Family-law attorney who is nearest to you, who is more understanding and comfortable for you. By looking into these small details, you are now able to get the best option out of the entire Family-law attorney in your surroundings. After doing this, you can even call your chosen Family-law attorney to get consultation on phone or either request to have a personal meeting in which you can get in-person consultation. You can ask them about simple preliminary questions about their career and ambitions. In this way, you can evaluate them on a personal level and get to know how seriously they will carry out your case and how determined they are for their profession. Making Final DecisionYou can call your selected Family-law attorney and ask for a meeting for which you will get an appointment. Some Family-law attorney charges for even early meetings, but if you are sure that you will select that Family-law attorney, then there is no harm in paying the fee. Some charge on the hour basis and some charge collectively for the whole day, so you can ask them about it and know about their charges so that you may go with preparation. During this phone call, you must ask your Family-law attorney that what things you need to take with you for the first appointment. Gather Your Documents for First MeetingIf your Family-law attorney does not tell you about the documents that you have to carry with you for the first meeting, then you can decide it on your own. You can find out about the essentials by searching online. Now, after finding out about the essential documents to be carried with you, take out copies of all of them. You may have to go to other Family-law attorney also, so make sure you keep more than one copy with you. Also, leave the original documents back home so that you may not lose them in any case. They must be kept safe and only taken outside when you need them at any cost. Think About Your CaseNow, you are also required to gather details about your case that you might have forgotten over time. There will be so many questions that your selected Family-law attorney is going to ask you for, so you must be able to answer them properly and in detail. This would only be possible if you revise your case thoroughly in advance and then go to the Family-law attorney for the further proceedings. It is very important to remember every detail of your case because even minor things matter when it comes to winning a case in court. So, if you are not able to tell your Family-law attorney even a single detail of your case, you lose the chances to win it. So, keep your eyes open and make sure you remember everything and also deliver that to the Family-law attorney. Make the List of Questions to AskAs much as it is important to make the list of things the Family-law attorney could ask you, you have also to make a list of questions that you need to ask your chosen Family-law attorney. These questions are both general and specific to the case for which you are going to hire that Family-law attorney. Make sure you ask questions and feel satisfied with the answers of the Family-law attorney because if you do not feel comfortable and hopeful about the future proceedings of the case after visiting your Family-law attorney, then you might not have a good chance to carry on with such Family-law attorney. You can ask the Family-law attorney about how much he will charge you, how much time he will give to the case, when he is expecting the case will be resolved, how tough it would be for him, etc. These questions might look very simple, but they are the way in which one can evaluate a Family-law attorney about his skills, professionalism, and ability to win the case for you. Plan a Schedule with Family-law attorneyNow after you are done with all the essential work, that is, you have met your Family-law attorney and asked every question you wanted, the next step you have to take is to schedule out your future meetings with him. Now as you will be satisfied and comfortable with your Family-law attorney, you can make a flexible plan for your meetings because you know that you will be working with him for a long time so compromise will be made and a proper plan will be constructed. It is not easy, but you can make it off your Family-law attorney is determined enough. Also, you must be very strong in your plans so that the Family-law attorney may not get relaxed at any point. So, you have to enforce regular meetings with the Family-law attorney. Reasons You Need a Family Law AttorneyHere are a few reasons why choosing a qualified family law attorney is the right decision: How Much Do Family Lawyers Cost?The fees charged by a Family Lawyer can vary dramatically depending on how experienced the Lawyer is, the complexity of the case and whether they charge an hourly rate or a fixed fee. However, they should provide you with an estimation of the expected fees from the outset. There are many areas of Family Law that a Family Lawyer or Solicitor may specialize in, the main areas of focus being divorce, children matters and the cost of each matter can vary depending on the complexity of the individual case and the amount of work the Lawyer is ultimately instructed to complete. To assess the cost of an hourly rate case will require the client and the Lawyer to discuss the circumstances in detail and estimate how much work the matter will require. Once this has been established, the Lawyer should be able to provide an accurate estimate of fees, though this will still only be estimation. A fixed fee service is where the Lawyer provides a quote before any of the work starts, and this price is guaranteed not to change. Some clients prefer this as it means they know exactly where they stand right from the start. Regardless of whether a Family Lawyer is charging a fixed fee or an hourly rate, they should discuss the fees with their client right at the point of initial engagement. Additional CostsIn most Family Law matters, there are likely to be additional costs that will need to be paid alongside the legal fees. It’s important to understand what these costs are so that you can budget accordingly. • Court Fees: When an application is sent to Court, depending on the nature of that application, the Court will charge a fee for the application. In divorce matters, this is currently £550, in children matters the fee is £215 and in financial separation matters the fee is £255. This fee is separate to the Lawyer or Solicitor’s fee as this is paid directly to the Court and is known as a ‘disbursement’ (meaning a fee which is payable to a third party other than the instructed Lawyer or Solicitor.) If the client cannot afford to pay the Court fee, it is possible for them to apply to the Court for a reduction or even an exemption from the Court fees by completing a fee remission form. The Court will then assess the amount that the client will be expected to pay towards the Court fee. Things a Family Lawyer Can Do For You• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
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Creditor Claims Against Retirement Assets Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/attorneys-in-utah/ To divorce in Utah, at least one spouse must live in a single county in the state of Utah for at least three months, with no breaks in that residency prior to filing for divorce. In Cases of Child Custody with a few exceptions, when child custody is a concern the child must normally reside in Utah with one parent, for at least six months prior to the divorce filing. In Utah, the divorce process begins when one spouse (the petitioner) or his or her lawyer uses the state’s Online Court Assistance Program (OCAP) to prepare the divorce petition, along with additional filing documents. The system is user-friendly, with instructions that are easy to follow. Utah’s court system warns against using documents obtained elsewhere, as they may not be acceptable. If you are confused about which documents are required or are unsure about any factors surrounding your divorce, then it is best to consult with a lawyer. Many lawyers offer free initial consultations, which can help you decide how best to proceed. After completing the required documents, the petitioners should hand-deliver or mail the documents to the county clerk’s office. If you have retained an attorney, he or she will handle this step for you and will guide you in additional interactions with the court. After filing, the petitioner must serve the other spouse (called the respondent) with the summons, petition for divorce, and other associated documents within 120 days of filing. Respondents living in Utah have 21 days to sign the Acceptance of Service and give it to the petitioner or his or her representative to file with the court or file it with the court themselves. Respondents living outside Utah have 30 days to complete this process. The petitioner must then file a Proof of Service form with the court. This document states when and how the respondent was served and is completed by the person who conducted the service. If you used a third party to serve the respondent, they may file the Proof of Service on your behalf. A copy of the completed Proof of Service form and a Certificate of Service form should be mailed to the respondent, or to his or her lawyer. The original Proof of Service and Certificate of Service forms are then filed with the court. Grounds For Divorce In UtahThere are a number of grounds for divorce in Utah, which include: When The Respondent Cannot Be LocatedIf the petitioner cannot locate the respondent to serve him or her, or if the petitioner believes that the respondent is attempting to avoid service, then he or she must demonstrate that they have used “reasonable diligence” in attempting to serve divorce papers when requesting that the court allow alternative service. The judge will determine how best to proceed in serving the respondent using a variety of alternative methods. Financial Declarations In Utah DivorceAfter the respondent files his or her response, both parties must prepare Financial Declarations disclosing all income, assets, expenses, and debts. Utah divorce laws require that the following documents be attached when applicable: Additional Issues Surrounding Utah DivorceThe court will require documentation surrounding other issues on a case by case basis: If the parties are able to reach an agreement, the judge will sign the final divorce decree. If parties disagree, the divorce will go to trial. A pre-trial conference is required prior to trial scheduling; this is one more attempt to settle the divorce. If no settlement can be reached, then the conference will be used to determine which issues will be taken to trial. Trials can be complicated and expensive; additionally, they take time to come to completion based on details of the case as well as the court’s calendar. The judge will sign a final divorce decree only after all issues have been settled. In some cases, judgment may be set aside so that further litigation may take place. How Long Does A Divorce Take In Utah?In Utah, there is a divorce waiting period of 30 days between the date of filing and the date the judge signs the final divorce decree. Parties may request the court to waive the waiting period. Note that complicated divorces may take far longer than 30 days to complete. How Much Will It Cost?The cost of a divorce in Utah varies from one case to the next, with legal fees making up the bulk of the charges. The basic Utah divorce filing fee is $318. There are additional court fees for services, such as having papers served by a sheriff or constable, online court assistance, required classes for divorcing parents of children under 18, and the Utah divorce certificate itself. If you cannot afford to file your case, you may request a waiver by filing a Motion to Waive Fees and submitting documentation supporting a statement of financial difficulty. The statement of financial difficulty must include a detailed outline of your income and expenses, a description of property you own, and a breakdown of your credit and debts. A judge will review your request and determine whether to grant a waiver for some of the fees. There are certain Utah divorce fees which cannot be waived including: Special Divorce Laws In UtahWhen parents of minor children divorce in Utah, they are required to attend mandatory divorce orientation classes and divorce education classes. Classes are also required in cases of temporary separation. While not mandatory, the state also offers a divorce education class for children, designed to help minor children understand divorce and work through common issues. When a Utah divorce is contested, mediation is mandatory. The mediation process is designed to help both parties work through their issues and come to an agreement. If either party feels unsafe with the mediation process or has another good cause to avoid mediation, he or she may ask the Alternative Dispute Resolution (ADR) officer to waive the mediation requirement. Dating After DivorceDating is at the forefront of many divorcees’ minds. 78% of the women have already started thinking about dating by the time the divorce papers are signed. 40% of women feel confident about dating after divorce, 68% feel excited and hopeful. 59% of divorced women meet dates on online dating websites or apps. How Do I File for Divorce in Utah?If you’re thinking of filing for divorce or dissolution of marriage as it’s referred to in Utah you might not know where to begin. Fortunately, Utah has gone to great lengths to assist individuals who wish to handle their divorce. This article provides basic information about who to file for divorce in Utah, but if you have specific questions, you should speak to a family law attorney in your area. Reasons for DivorceLike a majority of states, Utah allows both no-fault and fault-based divorce. In a no-fault divorce, spouses don’t have to prove that the other’s misconduct caused the breakup of the marriage, so these types of case are generally faster and less expensive. Utah provides two kinds of no-fault grounds: “irreconcilable differences” and living apart for at least three years under a separate maintenance order issued by any state. If you and your spouse can’t agree on an amicable divorce, you can file for a fault divorce, where you have to show that your spouse engaged in some type of misconduct that caused the marriage to fail. Residency RequirementTo obtain a divorce in Utah, you or your spouse must reside in one county continuously for at least three months. Preparing Your FormsTo get your case started, you must file several forms, including a divorce complaint. Fortunately, the state provides residents with a free online form generation service, which is maintained by the Utah State Courts. The Online Court Assistance Program (OCAP) allows users to input all their information and answer a series of questions. After completing the program, the system automatically produces all the forms you need to file your case. Filing Your FormsOnce you have all your forms in order, you must file the originals with the appropriate county court, meaning the county in which you live or the county where your spouse resides. Utah law allows the filing spouse, known as the “petitioner,” to file by mail; however, the state recommends using registered mail to guarantee receipt of delivery. You can also hand-deliver your initial paperwork to the county clerk. Serving Your FormsIn Utah, as in every other state, you must serve your spouse with a copy of all your divorce documents. “Service of process” enables the other party to respond to the divorce complaint or file a counterclaim. Under Utah law, you have 120 days from the date you file your divorce complaint to serve copies on your spouse. Utah permits various forms of service, including hiring a private process server, handing over the documents yourself in person, and sheriff’s service. Financial DisclosuresLike many states, Utah requires the parties to exchange financial information, including a list of all assets and debts. Under state law, both spouses must file a Financial Declaration. Each spouse must file disclosures after the respondent submits an answer to the original divorce petition. File for DivorceAs you begin the process of filing for divorce, be aware that Utah allows for divorce based both on fault and no-fault grounds. You should also know that Utah’s courts impose a residency requirement on divorce proceedings; this means that either you or your spouse must have lived in the state for a minimum of three months prior to the filing date. When custody of minor children will be an issue in the divorce proceedings, your children generally must have resided in Utah for a minimum of six months before you can file. Prepare Your Divorce DocumentsIf you are using a lawyer, your attorney will prepare your documents for you. If not, you may use the state’s Online Court Assistance Program (OCAP) to prepare the divorce petition and related documents; there is a $20 fee for using this service. Completed forms must be notarized by a notary public before they can be filed. File Your Divorce DocumentsYour divorce case is only open once you’ve filed all forms in the office of the court clerk in your home county and paid the filing fee of $310. Serve Your SpouseAfter filing your divorce petition, you have 120 days to serve this petition, a summons and any other filed documents to your spouse. Service can be completed via certified mail or by the sheriff’s department or a private company. Proof of service is required to have the court act on your divorce petition. Wait for Your Spouse’s AnswerAfter being served, your spouse will have 21 days–or 30 days if they are out of state–to respond. If they do respond, both parties will have to submit a Financial Declaration form to each other outlining all relevant financial items. If your spouse does not respond, you can request that the court issue a default judgment which will grant you everything you requested in your petition. If your spouse agrees with all issues as presented in your divorce petition, they can file a stipulation instead of a response. At this point, the OCAP Divorce Stipulation questions can be used to prepare the necessary documents and proceed to a final divorce decree. Complete Required Divorce Education Classes and MediationAfter your spouse has been given a chance to respond to your divorce petition, several steps must be taken before a trial will be scheduled. Many Utah divorce issues are resolved during this stage in the process, eliminating the need for a trial in front of a judge. Complete a 90-Day Waiting PeriodUtah law stipulates that judges must wait 90 days after the date that the divorce petition was initially filed to sign the final divorce order. This is true even if both spouses agree on all issues. Take Part in Mandatory Mediation for Any Contested IssuesIf your spouse responds to your divorce filing, Utah statute requires that both parties take part in a mediation session before a divorce will be granted. The parties are jointly responsible for locating and paying for a mediator. Ask for Temporary Order if NecessarySometimes there are issues that must be addressed before the divorce order is final, such as who can use the marital home or who has custody of any minor children during the pending divorce. In these cases, either party can request that the judge issue a temporary order on the matter that will be effective through the final divorce decree. Complete Name RestorationIf you had your name changed upon getting married, you can return to your pre-marriage legal name at this stage in the divorce process. To do so, simply include a statement along with your divorce petition to indicate the name change. Go to Trial (If Necessary)If you and your spouse are unable to reach an agreement about any issues in your divorce decree, the next step in the Utah divorce process is going to trial. Seek a Child Custody EvaluationIf you disagree with your spouse regarding child custody or child support issues, you can request that a professional evaluator conduct a custody evaluation. During this evaluation, the evaluator will observe both parties and the children; the evaluator will then submit a report to the court on all factors that pertain to the child’s best interests. Appear at Pre-Trial ConferencesYou will be required to attend a conference prior to your trial being scheduled to make a final attempt to settle the case. If this fails, the trial date will be set and the list of issues to be addressed at trial will be determined. Attend Your TrialIf you have hired a divorce lawyer, they can help you prepare for the trial, including assembling any documents and necessary evidence to be presented to the court. Arrive at the courtroom early on the day of your trial, dressed professionally and with any witnesses that you intend to call upon. Remember to treat the judge respectfully and never interrupt your spouse when they are testifying. Consult an AttorneyYou aren’t required to use an attorney in order to file for divorce in Utah. However, the legal issues surrounding divorce are often complicated, and you may face obstacles representing yourself if there are any complex matters such as child custody or division of significant assets. A qualified divorce attorney can help you navigate the process and help safeguard against critical mistakes. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Divorce In Utah first appeared on Ascent Law, LLC.
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Creditor Claims Against Retirement Assets Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/divorce-in-utah/ The Utah State Bar is made up of many different types of lawyers, according to information provided by members for its Survey of New Attorneys. Of the new attorneys surveyed, 94.1 percent were active members of the Utah State Bar, while 27.9 percent were also active members of the Utah State Bar. The majority (35.3 percent) of respondents worked in small firms made up of two to ten attorneys. The Utah State Bar Office of Bar Admissions does not require any pre-legal undergraduate education. But, if you wish to attend an ABA-accredited law institution as the regulations of the Office stipulate, you must have a bachelor’s degree prior to applying for enrollment. AccreditationBefore any ABA-accredited law school will allow you to enroll, it will check to make sure that your undergraduate degree is from an accredited college or university. If your school is accredited by a recognized agency listed with the U.S. Department of Education, such as a national or regional accreditation organization, most ABA-approved law schools will accept your undergraduate education. Requirements and StandardsThere are no prerequisites on undergraduate courses that you must take prior to entering law school. Some undergraduate courses, like criminal justice, philosophy, government, political science, and communications, may help you more than others once you get to law school. What are the Degree Options?As long as you have a Bachelor of Science (BS) or Bachelor of Arts (BA) from an accredited college or university, ABA-accredited law schools will accept your education as valid. You need not have a bachelor degree in any certain field. Job Description of a LawyerLawyers represent clients in civil or criminal trial and present evidence for their defense. They also advise their clients on their legal rights or obligations and counsel them on the best way to proceed according to their legal circumstances. A lawyer conducts research on legal issues and is qualified to interpret laws, regulations, and rulings. They draw up legal documents like wills, deeds, contracts, lawsuits, and appeals. They may also oversee legal assistants or paralegals. A lawyer can specialize in many different areas of this profession. For instance, they may choose to specialize in a certain area of law such as criminal law, defense, prosecution, tax, or environmental law. Lawyers mostly work indoors and in office buildings, however some travel may be required when meeting with clients or attending court hearings. Qualities every good lawyer should haveThe skills you need for your ideal career are something that you can work on and develop over time. As they say: practice makes perfect! Here are a few that you should consider working on if you aspire to be a successful lawyer: Good Communication SkillsLawyers must be orally articulate, have good written communication skills and also be good listeners. In order to argue convincingly in the courtroom before juries and judges, good public speaking skills are essential. Communication and speaking skills can be developed during your studies by taking part in activities such as mooting or general public speaking. Lawyers must also be able to write clearly, persuasively and concisely, as they must produce a variety of legal documents. But it’s not all about projection. To be able to analyze what clients tell them or follow a complex testimony, a lawyer must have good listening skills. JudgementThe ability to draw reasonable, logical conclusions or assumptions from limited information is essential as a lawyer. You must also be able to consider these judgements critically, so that you can anticipate potential areas of weakness in your argument that must be fortified against. Similarly, you must be able to spot points of weakness in an oppositions argument. Decisiveness is also a part of judgement. There will be a lot of important judgement calls to make and little time for sitting on the fence. Analytical skillsBoth the study and practice of law involve absorbing large quantities of information, then having to distil it into something manageable and logical. At times, there will be more than one reasonable conclusion or more than one precedent applicable to resolving a situation. A lawyer must therefore have the evaluative skills in order to choose which is the most suitable. Research skillsSimilarly, being able to research quickly and effectively is essential to understanding your clients, their needs, and to preparing legal strategies. Preparing legal strategies requires absorbing and comprehending large amounts of information, then distilling them down into something manageable and useful. People skillsLaw is not an abstract practice. Irrelevant of how well someone does academically, at the end of the day lawyers work with people, on behalf of people, and the decisions that are made affect people’s lives. They must be personable, persuasive and able to read others. This allows them to gauge juror’s reactions and the honesty of witnesses. This allows them to decide upon the best approach to take in order to achieve the desired outcome: either clients taking their advice or reaching a favorable negotiation with the opposition. Perseverance“Perseverance is not a long race; it is many short races one after the other.” Even studying to become a lawyer takes a great deal of perseverance and commitment and that’s before you even start work! Typically, a lawyer will do an undergraduate law degree, an LPC, and then a training contract before qualifying. Most will also complete a vacation scheme or some other kind of work experience. When working on a case, you must have the perseverance to complete the work necessary to drive it to a successful finish. CreativityThe very top lawyers are not only logical and analytical, but they display a great deal of creativity in their problem-solving. The best solution is not always the most obvious and in order to outmaneuver your challenger it is often necessary to think outside the box. Different Types of Lawyers for the Most Common Legal ProblemsLawyers are like apples; there is a great variety with each type fitting a specific need. And in the case of the different types of lawyers, each type is specialized in fulfilling specific legal needs. Criminal LawyerCriminal lawyers are attorneys who are knowledgeable about criminal law. If you’re located in the United States, you need a criminal lawyer who is also familiar with the criminal laws in your state. A knowledgeable and experienced criminal lawyer will understand the rules around bail, arraignment, arrest, pleas and issues related to a criminal trial. There are many different types of criminal attorneys including public defenders, prosecutors, and defense attorneys. Personal Injury LawyerNear the top of the list of lawyers you may need is a personal injury lawyer. If you’ve been injured due to the negligence of another person or entity, a personal injury lawyer using personal injury case management software could help you get compensation. Car accidents and slip and falls are two of the most common case types personal injury attorneys take on. For individuals hurt on construction sites or during the course of their work, they may need to seek out different kinds of lawyers because of the different types of law that government accidents. Workers Compensation LawyerIf you’ve been injured on the job, seeking out a workers’ compensation lawyer is probably the best course of action. Workers compensation lawyers specialize in helping workers navigate the challenges of getting the benefits they’re entitled to when they’ve been injured on the job. Bankruptcy LawyerAnother kind of lawyer at the top of the list of most common lawyers used is the bankruptcy lawyer. If you’ve experienced financial setbacks and you’re unable to pay your debts, a bankruptcy lawyer can help you get debt relief in the form of a repayment plan or the discharge of your debts in bankruptcy court. Some of the most common reasons a person seeks out a bankruptcy lawyer is for medical debt, foreclosure, and credit card debt. Family LawyerA family practice lawyer is one the types of attorneys who can help you deal with any legal issues related to your family prenuptial agreements, divorce, child custody, alimony and more. Some people going through a divorce consider DIY divorce proceedings using online forms but it’s important to remember that trained family lawyers understand nuances in the law that may not be apparent when reading readymade divorce instructions online. Many people seeking a divorce consult with an attorney so that they can understand whether or not their proceedings will be simple or more complex. Immigration LawyerImmigration lawyers help immigrants with legal issues related to their legal status in this country. Some of the most common issues immigration lawyers deal with are visas, green cards, asylum and refugee status, and helping immigrants navigate the system especially when a process has caught a snag or becomes complex. Immigration lawyers can also represent their clients in court. If you’re dealing with an immigration legal issue, you can find a list of lawyers who specialize in immigration legal cases, but be sure they have experience working on cases similar to yours. Estate Planning LawyerEstate planning lawyers are the kinds of lawyers that can help an individual with her will or trust. If you’re trying to plan how you will handle your assets and the financial needs of your children if you pass away, working with an estate planning lawyer is a good choice. By using an estate planning lawyer to create a plan for your assets after you die you can keep your estate out of divisive probate processes. Intellectual Property LawyerIntellectual property lawyers are the types of lawyers that are also known as IP attorneys. IP attorneys can help you deal with legal issues concerning copyrights, trademarks, patents, trade secrets and anything else related to intellectual property. Some of the most common cases facing intellectual property attorneys are copyright and trademark violations. IP attorneys also spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law. There are a lot of nuances to intellectual property law, so many IP owners work with attorneys who understand the law. Employment LawyerBoth employees and employers may seek out employment lawyers to deal with legal issues related to the workplace. Employment lawyers can advise clients about legal issues related to employment contracts and other employment relationships. Some of the most common types of cases handled by employment lawyers are wrongful termination, workplace harassment, retaliation, and workplace discrimination. Corporate LawyerIf you own a business, a corporate lawyer can help you with business entity formation, governance and compliance issues. Corporate lawyers can also review contracts and give legal advice regarding agreements related to mergers, acquisitions, and divestures. Medical Malpractice LawyerWhen you’ve been hurt by a medical professional, medical malpractice lawyers can help you bring a legal case forward so that you can be compensated for the harm done. A medical malpractice attorney will examine the facts of your case and determine if there is enough evidence to prove that the medical provider breached their duty of care to you. The most common medical malpractice cases include misdiagnosis, inaccurate treatment, and medical negligence. Tax LawyerIf you owe taxes or if you’re being sued by the IRS or other tax agency, a tax lawyer is the type of lawyer who can help you navigate the tax legal system. Tax lawyers handle tax cases involving federal, state, and local taxes. Tax fraud, tax evasion, and failure to file tax returns are all issues that an experienced tax attorney can tackle. Civil Litigation LawyerThere are many types of litigation lawyers, but the civil litigation lawyer one of the most commonly used. Civil litigation lawyers can help handle cases where person A is suing person B over a matter where person B caused harm to person A. The most common kinds of cases handled by a civil litigation lawyer include contract disputes, class action lawsuits, property disputes and complaints filed against a city. Civil litigation software helps attorneys stay organized and manages their cases and clients in one place. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Lawyer Utah first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/lawyer-utah/ Thе Sосіаl Sесurіtу Admіnіѕtrаtіоn (оr SSA fоr ѕhоrt) іѕ аn оrgаnіzаtіоn that іѕ rеѕроnѕіblе fоr аdmіnіѕtеrіng Sосіаl Sесurіtу bеnеfіtѕ іn thе Utаh. Thе SSA rеgulаrlу dеnіеѕ dіѕаbіlіtу рауmеntѕ tо аррlісаntѕ whоm thе SSA thіnkѕ dо nоt qualify. If аnd whеn thіѕ happens tо уоu, уоu аrе аblе tо rеԛuеѕt a hеаrіng аnd thе SSA wіll rесоnѕіdеr уоur dіѕаbіlіtу еlіgіbіlіtу ѕtаtuѕ. Thеѕе hеаrіngѕ аrе соmрlісаtеd аnd hаvіng a ѕосіаl ѕесurіtу dіѕаbіlіtу аttоrnеу rерrеѕеnt уоu in thіѕ hеаrіng wіll grеаtlу іnсrеаѕе уоur сhаnсеѕ оf winning уоur case and rесеіvіng уоur disability рауmеntѕ. Whу dоеѕ thе SSA Dеnу Bеnеfіtѕ?Thе SSA dеnіеѕ рауmеntѕ tо реорlе whо аррlу fоr a vаrіеtу оf rеаѕоnѕ. Thе mоѕt frеԛuеnt rеаѕоnѕ аrе: Hоw Cаn a gооd Attоrnеу Hеlр Yоu and Yоur Chаnсеѕ оf Rесеіvіng Yоur Benefits?Another rесеnt report frоm thе SSA Inspector Gеnеrаl fоund thаt nеаrlу 90% оf thе сlаіmаntѕ whо won thеіr bеnеfіtѕ саѕе hаd a ѕосіаl ѕесurіtу lаwуеr tо rерrеѕеnt thеm іn thеіr hеаrіng. There are ѕеvеrаl rеаѕоnѕ thаt hіrіng a рrоfеѕѕіоnаl аnd еxреrіеnсеd ѕосіаl ѕесurіtу lаwуеr саn іnсrеаѕе the сhаnсеѕ thаt уоu wіll bе grаntеd bеnеfіtѕ: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Securities Attorneys first appeared on Ascent Law, LLC. via Ascent Law, LLC https://www.ascentlawfirm.com/utah-securities-attorneys/ Utah Constitutional Amendment was an amendment to the Utah state constitution that sought to define marriage as a union exclusively between a man and woman. It passed in the November 2, 2004, election, as did similar amendments in ten other states. Arguments for Amendment 3Supporters of Amendment 3 said that the amendment would do three things: Arguments against Amendment 3Those opposed to the amendment say that section one of the amendment is completely unnecessary since Utah already outlaws same-sex marriage. They also say the second part of the amendment “goes too far”. They feel that it would invalidate common law marriage as well as reducing rights to will property to whomever one chooses. Court challengeOn March 25, 2013, three same-sex couples, including one already married in Iowa, filed a lawsuit in the United States District Court for the District of Utah seeking to declare Utah’s prohibition on the recognition of same-sex marriages unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. The court heard arguments on December 4. The state argued that there was “nothing unusual” in enforcing policies that encourage “responsible procreation” and the “optimal mode of child-rearing”. Plaintiffs’ attorney contended that the policy is “based on prejudice and bias that is religiously grounded in this state”. On December 20, 2013, District Judge Robert J. Shelby struck down the same-sex marriage ban as unconstitutional and violating same-gender couples’ their rights to due process and equal protection under the Fourteenth Amendment. The ruling prevents the State from enforcing Sections 30-1-2 and 30-1-4.1 of the Utah Code and Article I, § 29 of the Utah Constitution to the extent these laws prohibit a person from marrying another person of the same sex. State Senator Jim Dabakis and his partner of 27 years were among the first same-sex couples to marry in the state. Same sex marriages were performed in Salt Lake, Washington and Cache counties on December 20. Other counties declined to grant same-sex couples their request. At least one same-sex couples planned to camp overnight at the Salt Lake County Clerk’s Office in anticipation of it opening at 8 a.m., one hour before the 9 a.m. hearing scheduled to hear a Motion for Stay submitted by the State of Utah in the 10th District Court. An Emergency Motion to Stay, which would have granted a stay pending the ruling on the stay that is the subject of a hearing scheduled for December 23, was denied December 22. Measure designAs of 2018, legislative leaders could not call the state legislature into a special session. Only the governor had the power to convene a special legislative session. The Utah Constitution provides for the legislature to meet annually for a regular 45-day session and allows the Governor to convene the legislature in a special session. Constitutional Amendment C allowed the President of the Senate and Speaker of the House of Representatives to call the legislature into session for up to 10 days through a two-thirds vote of approval of legislators in each chamber to address, according to the amendment, “a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the State.” Under the measure, at least 30 days need to pass following the adjournment of the general session for legislative leaders to call a special session. Under the measure, the legislative session is prohibited from addressing matters not outlined in the proclamation to hold a session. Amendment C required that appropriations made during a special session called by the legislature cannot be greater than 1 percent of the annual budget for the preceding fiscal year. The measure also allowed special sessions to be held at a location other than the Utah State Capitol when meeting at the capitol is not feasible due to an epidemic, disaster, foreign attack, or public catastrophe. Provisions related to state revenue and expendituresThe governor is required, under the measure, to either reduce proportionately the amount of money spent or convene a special legislative session if the state’s expenses exceed the state’s revenue for a fiscal year. Text of measureBallot titleThe ballot title for Constitutional Amendment C was as follows: Shall the Utah Constitution be amended to: Impartial analysisThe impartial analysis for Constitutional Amendment C was as follows: Constitutional Amendment C makes three main changes to the Utah Constitution. Current Provisions of the Utah ConstitutionThe current Utah Constitution provides two ways for the Legislature to meet together or convene in a session to conduct the legislative business of considering and passing laws. First, the Utah Constitution requires the Legislature to meet each year in a 45-day general session. The Constitution does not place any limits on the business that the Legislature may consider during an annual general session. Second, the Constitution authorizes the Governor to convene the Legislature into session, commonly referred to as a special session, at a time other than an annual general session for no more than 30 days. The business that the Legislature may consider during a session convened by the Governor is limited to the business specified by the Governor. Other than the annual general session and a session convened by the Governor, the Utah Constitution does not provide for the convening of the Legislature into session. Effect of Amendment CAmendment C authorizes the Legislature to be convened into session at a time other than the 45-day annual general session or when the Governor convenes the Legislature into session. The Amendment authorizes the president of the Utah Senate and the speaker of the Utah House of Representatives to convene the Legislature into session if two-thirds of all Senate and House members are in favour of convening because in their opinion a persistent fiscal crisis, war, natural disaster, or emergency in the affairs of the state requires convening. The business that the Legislature may conduct during the session is limited to the business specified in a proclamation that the Senate president and House of Representatives speaker issue to convene the session. Requirements if State Expenditures Exceed State RevenueUnder the current Utah Constitution, the Legislature authorizes the spending of state money for each fiscal year, which is a period beginning July 1 and ending the following June 30. The spending authorizations occur before the start of a fiscal year and are based on projections of future state revenue for that same period. The Legislature may not authorize more money to be spent during a fiscal year than the state is expected to receive during that period. If actual revenue during any fiscal year turns out to be less than the amount of money the Legislature previously authorized to be spent, the Governor may, in the manner and in the amounts chosen by the Governor, reduce the amount that state agencies spend. Alternatively, the Governor may, but is not required to, convene the Legislature into session to adjust the amount of money to be spent to match the amount of state revenue. Effect of Amendment CAmendment C requires the Governor to take one of two actions if the state’s expenses will exceed the state’s revenue for a fiscal year. The Governor must either reduce proportionately the amount of money spent, except for money spent for the state’s debt, or convene the Legislature into session so that the Legislature may address the revenue shortfall. Location of Legislative SessionsThe current Utah Constitution requires each 45-day annual general session of the Legislature to be held at the state capitol in Salt Lake City and does not provide any exception to that requirement. The Constitution does not currently specify the location for a session convened by the Governor. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah State Constitutional Amendment first appeared on Ascent Law, LLC. via Ascent Law, LLC https://www.ascentlawfirm.com/utah-state-constitutional-amendment/ Before the foreclosure crisis, which peaked in 2010, federal and state laws regulating mortgage servicers and foreclosure procedures were relatively limited and tended to favor foreclosing lenders. Now, however, federal and state laws heavily regulate loan servicing and foreclosure processes. And most of the laws give protections to borrowers. Servicers generally have to provide borrowers with loss mitigation opportunities, account for each foreclosure step, and strictly comply with foreclosure laws. Also, most people who take out a loan to buy a residential property in Utah sign a promissory note and a deed of trust, which is like a mortgage. These documents give homeowners some contractual rights in addition to federal and state legal protections. In a Utah foreclosure, you’ll most likely get the right to: So, don’t get caught off guard if you’re a Utah homeowner who’s behind in mortgage payments. Learn about each step in a Utah foreclosure, from missing your first payment to a foreclosure sale. Once you understand the process, you can make the most of your situation and, hopefully, work out a way to save your home or at least get through the process with as little anxiety as possible. What Is Preforeclosure?The period after you fall behind in payments, but before a foreclosure officially starts, is generally called the “preforeclosure” stage. (Sometimes, people refer to the period before a foreclosure sale actually happens as “preforeclosure,” too.) During this time, the servicer can charge you various fees, like late charges and inspection fees, and, in most cases, must inform you about ways to avoid foreclosure and send you a preforeclosure notice called a “breach letter.” Fees the Servicer Can Charge During PreforeclosureIf you miss a payment, most loans include a grace period of ten or fifteen days, after which time the servicer will assess a late fee. Each month you miss a payment, the servicer will charge this fee. To find out the late charge amount and grace period for your loan, look at the promissory note you signed. You can also find this information on your monthly mortgage statement. Also, most Utah deeds of trust allow the lender (or the current loan holder, referred to as the “lender” in this article) to take necessary steps to protect its interest in the property. Property inspections are performed to ensure that the home is occupied and appropriately maintained. Inspections, which are generally drive-by, are usually ordered automatically once the loan goes into default and typically cost around $10 or $15. Other types of fees the servicer might charge include those for broker’s price opinions, which are like appraisals and property preservation costs, such as for yard maintenance or winterizing an abandoned home. Federal Mortgage Servicing Laws and Foreclosure ProtectionsUnder federal mortgage servicing laws, the servicer must contact, or attempt to contact, you by phone to discuss loss mitigation options, like a loan modification, forbearance, or repayment plan, no later than 36 days after you miss a payment and again within 36 days after each following delinquency. No later than 45 days after missing a payment, the servicer has to inform you in writing about loss mitigation options that might be available and appoint personnel to help you try to work out a way to avoid foreclosure. A few exceptions are in place for some of these requirements, though, like if you’ve filed bankruptcy or asked the servicer not to contact you pursuant to the Fair Debt Collection Practices Act. (12 C.F.R. § 1024.39, 12 C.F.R. § 1024.40). Federal mortgage servicing laws also prohibit dual tracking (pursuing a foreclosure while a complete loss mitigation application is pending). What Is a Breach Letter?Many Utah deeds of trust have a provision that requires the lender to send a notice, commonly called a “breach letter,” informing you that the loan is in default before the lender can accelerate the loan. The breach letter gives you a chance to cure the default and avoid foreclosure. When Can Foreclosure Start?Under federal law, the servicer usually can’t officially begin a foreclosure until you’re more than 120 days past due on payments, subject to a few exceptions. (12 C.F.R. § 1024.41). This 120-day period provides most homeowners with ample opportunity to submit a loss mitigation application to the servicer. What Is the Foreclosure Process in Utah?If you default on your mortgage payments in Utah, the lender may foreclose using a judicial or non-judicial method. How Judicial Foreclosures WorkA judicial foreclosure begins when the lender files a lawsuit asking a court for an order allowing a foreclosure sale. If you don’t respond with a written answer, the lender will automatically win the case. But if you choose to defend the foreclosure lawsuit, the court will review the evidence and determine the winner. If the lender wins, the judge will enter a judgment and order your home sold at auction. How Non-judicial Foreclosures WorkIf the lender chooses a non-judicial foreclosure, it must complete the out-of-court procedures described in the state statutes. After completing the required steps, the lender can sell the home at a foreclosure sale. Most lenders opt to use the non-judicial process because it’s quicker and cheaper than litigating the matter in court. Preforeclosure Requirements Under Utah LawMuch like the requirement under federal mortgage servicing laws, after determining that the loan is in default, the servicer or lender must appoint single point of contact who can provide information about the foreclosure and foreclosure relief. (Utah Code Ann. § 57-1-24.3). Before filing a notice of default, the lender or servicer must mail a notice to you (the borrower) giving you at least 30 days to cure the default by getting current on the loan. The letter will also include the name, telephone number, email address, and mailing address of the single point of contact. (Utah Code Ann. § 57-1-24.3). This information will likely be included in the breach letter. Notice of DefaultThe non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives you three months to cure the default. (Utah Code Ann. § 57-1-24). Within ten days of the recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. (Utah Code Ann. § 57-1-26(2)(a)). Notice of SaleIf you don’t cure the default, after three months, the trustee will record a notice of sale and: The Foreclosure SaleAt the sale, the lender usually makes a credit bid. The lender can bid up to the total amount owed, including fees and costs, or it may bid less. In some states, including Utah, when the lender is the high bidder at the sale but bids less than the total debt, it can get a deficiency judgment against the borrower, subject to some limitations. If the lender is the highest bidder, the property becomes what’s called “Real Estate Owned” (REO). But if a bidder, say a third party, is the highest bidder and offers more than you owe, and the sale results in excess proceeds—that is, money over and above what’s needed to pay off all the liens on your property—you’re entitled to that surplus money. How Long Do You Have to Move Out After Foreclosure in Utah?If you don’t vacate the property following the foreclosure sale, the new owner will probably: The eviction process starts with a notice to quit. If you still don’t leave by the deadline given in the notice, the new owner will go through the court system to evict you. (Utah Code Ann. § 78B-6-802.5). HOW CAN I STOP A FORECLOSURE IN UTAH?A few potential ways to stop a foreclosure include reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. (Of course, if you’re able to work out a loss mitigation option, like a loan modification, that will also stop a foreclosure.) Reinstating the LoanUtah law gives you three months after the trustee records the notice of default to reinstate the loan. (Utah Code Ann. § 57-1-31). Also, the deed of trust might give you more time to reinstate. Check the paperwork you signed when you took out the loan to find out if you get more time to get caught up on past-due amounts and, if so, the deadline to reinstate. You can also call your loan servicer and ask if the lender will let you reinstate. Redeeming the Property before the SaleOne way to stop a foreclosure is by “redeeming” the property. To redeem, you have to pay off the full amount of the loan before the foreclosure sale. Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a non-judicial foreclosure. (Utah Code Ann. § 57-1-28(3)). Filing for BankruptcyIf you’re facing a foreclosure, filing for bankruptcy might help. In fact, if a foreclosure sale is scheduled to occur in the next day or so, the best way to stop the sale immediately is by filing for bankruptcy. Once you file for bankruptcy, something called an “automatic stay” goes into effect. The stay functions as an injunction, which prohibits the lender from foreclosing on your home or otherwise trying to collect its debt, at least temporarily. In many cases, filing for Chapter 7 bankruptcy can delay the foreclosure by a matter of months. Or, if you want to save your home, filing for Chapter 13 bankruptcy might be the answer. To find out about the options available to you, speak with a local bankruptcy attorney. CompromiseIf a lender is preparing to foreclose on your home, they will first present you with an NOD, or Notice of Default. They also have to schedule a time for auction for your home. During this in-between period before the auction takes place, know that lenders will almost always work out a financial compromise that will allow you to get back on your mortgage program without foreclosure. Any final compromises you might be able to make should be suggested at that time. Short SaleIf you receive an offer from a buyer between receiving your NOD and the auction date, the lender must consider it. They may view this option as a time-saver that nets them virtually the same result – after all, they’d already be turning around to re-sell the home anyway. This is called a short sale, and there are plenty of situations where it can work as an acceptable compromise for both sides. Assumption/Lease-OptionMost loans these days are not assumable, but if you are facing foreclosure, there’s a chance your lender could be willing to modify your loan. They might be willing to allow another buyer to assume your loan if this means less hassle for them – if you can negotiate a down payment from the new buyer that pays off your outstanding balance plus assumes the loan at no additional risk to the lender, everyone wins. Foreclosure Protections and Military Service membersThe Service members Civil Relief Act provides legal protections to military personnel who are in danger of foreclosure. Utah Deficiency Judgment LawsIn a foreclosure, the borrower’s total mortgage debt sometimes exceeds the foreclosure sale price. The difference between the total debt and the sale price is called a “deficiency.” For example, say the total debt owed is $600,000, but the home sells for $550,000 at the foreclosure sale. The deficiency is $50,000. In some states, the lender can seek a personal judgment against the debtor to recover the deficiency. Generally, once the lender gets a deficiency judgment, the lender may collect this amount—in our example, $50,000—from the borrower. In Utah, the lender can get a deficiency judgment after a non-judicial foreclosure by filing a lawsuit within three months of the sale. (Utah Code Ann. § 57-1-32). The deficiency amount is limited to the difference between the lesser of : How to Find State Foreclosure LawsTo find Utah’s laws, search online for “Utah statutes” or “Utah laws.” Make sure you’re reading the most recent, official laws. Usually, the URL will end in “.gov” or the statutes will be on an official state legislature webpage. Although the programs under the Making Home Affordable (MHA) initiative have expired, the MHA website still contains useful information for homeowners facing foreclosure. Getting HelpHow courts and agencies interpret and apply laws can change. And some rules can even vary within a state. These are just some of the reasons to consider consulting a lawyer if you’re facing a foreclosure. If you have questions about Utah’s foreclosure process or want to learn about potential defenses to a foreclosure and possibly fight the foreclosure in court, consider talking to a foreclosure attorney. For people struggling with mortgage payments and at risk of default and foreclosure on a home, declaring bankruptcy can be a viable option in some cases. Bankruptcy attorneys can walk you through when declaring and might help save your home and preserve your equity. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Stopping Foreclosure In Utah first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/stopping-foreclosure-in-utah/ What Happens When You File for Bankruptcy?Any consumer bankruptcy follows a general bankruptcy process. You can expect the same bankruptcy timeline that includes: Gathering paperwork and bankruptcy forms Chapter 7 and Chapter 13 are the two types of consumer bankruptcy — if your business is considering bankruptcy, then you should learn more about business-related bankruptcy. Step 1: Consider the Types of BankruptcyThe types of debt you are facing can determine which bankruptcy filing is right for you: Do you want credit card debt or medical bills dismissed? Chapter 7 bankruptcy discharges all unsecured debt to give you a fresh start. You must meet the Means Test to qualify for Chapter 7. A bankruptcy attorney can help you review your debt and assets, bankruptcy laws, and the likely outcome of your bankruptcy case. When in doubt, seek professional legal help to decide how to proceed. Step 2: Take Your First Credit Counseling ClassYou are required to take a bankruptcy credit counseling course before you file. These classes are intended to help you stay out of future debt and avoid filing for bankruptcy again. Step 3: Create a Statement of IntentionYou will be required to fill out a Statement of Intention form for Chapter 7 bankruptcy. This details your intentions with your secured debt — usually property like real estate or your car. You can reaffirm the debt, surrender the property to pay off your debt, or pay off the remaining loan with a Motion to Redeem. If you filed a Chapter 13 bankruptcy, then you will keep your property and pay it off in the repayment plan. Your home and car may be exempt from bankruptcy under your Utah’s bankruptcy exemptions. This means your bankruptcy trustee cannot take these assets and sell them to pay back your debt. A bankruptcy lawyer can help you understand your options to keep your home or vehicle. Step 4: File BankruptcyYou will file for bankruptcy in your local bankruptcy court. This involves filling out forms and providing documents to verify your information and income. The court will give you a case number and assign a bankruptcy trustee to oversee your case. Filing bankruptcy should immediately stop all creditors from calling or harassing you. This is called an “automatic stay.” If you are still getting calls, tell your attorney, because they are breaking the law. Unfortunately, your credit score will take a dramatic hit once the bankruptcy filing is approved. You will likely drop to a low credit score whether you had excellent credit or not. Your credit cards will also likely be shut down by each company, so you need to apply for new secured or prepaid credit cards. Step 5: Pay a Filing FeeFiling for bankruptcy always comes with a fee that you need to pay upfront or in installments. It varies by state, but you can expect around $300 for a Chapter 7 or Chapter 13 bankruptcy. If you cannot pay the fee right away, you have 120 days to pay the full amount. You can apply to the bankruptcy court to make four payments. If approved, you will receive a court order listing the dates each payment is due. You cannot be late or miss these dates. Your entire bankruptcy case can be dismissed if you do not make these payments on time. In some cases, you can apply for a fee waiver and file for free. Once you have successfully filed, the bankruptcy proceedings will begin. Step 6: Prepare for Your Meeting of CreditorsThe bankruptcy trustee you were assigned will give you a list of documents to bring to your meeting. You should be prepared to bring: You need to provide information and documents as soon as possible. The trustee should give you a timeframe, and you need to comply with any “reasonable requests” they ask. Your case could be dismissed if you refuse information or miss the document timelines. Step 7: Attend the Meeting of CreditorsThe meeting of creditors invites your creditors to attend and discuss your bankruptcy paperwork. Most of the time they do not show up. The meeting can also be referred to as a “341 hearing.” In most cases, it will be just you and your bankruptcy trustee — no judge or courtroom is involved. It is a short meeting (around ten minutes) to discuss your paperwork and decide if you are eligible for a Chapter 7 discharge of current debt. Once this meeting ends, you may have more documents to send in, such as your tax return for the year. Aside from that, the trustee will send your creditors the correct documents about your bankruptcy, and you likely won’t have to see your trustee again. Step 8: Take Your Second Credit Counseling ClassOnce your case is approved, you must take a second course on financial management. You have 60 days to complete the second class and file a certificate of completion with the bankruptcy court. The 60-day time limit starts on the day of the creditor meeting. Step 9: Rebuild Credit Over 1-2 YearsA Chapter 7 bankruptcy will be on your credit report history for ten years, and a Chapter 13 bankruptcy remains for seven years (if you complete the payment plan). You can start rebuilding your credit as soon as the bankruptcy discharge is approved. With careful steps and debt management, you can have a better credit score in one to two years after filing bankruptcy. To rebuild credit, you can get a secured credit card or a prepaid card. These can be useful to keep new debt low while making on-time payments to rebuild your financial situation. If you decided to keep your house or car, be sure to pay your car loan, mortgage, or rent payments on time. Step 10: Make Any Needed ChangesIf anything changes during your bankruptcy, you need to file an amendment with your bankruptcy court. The same is true if you made a mistake or uncovered missed information. If you lie on these forms, you can face charges of perjury. Debt ReliefUsing debt relief tactics is an option before filing for bankruptcy. There are several legal and financial routes you can take, and you have some legal protections as you try paying down debts. If you are worried and financially troubled with massive debt or student loans, learning about debt relief could be the right option for you. It can also be a good idea to learn your rights under debt collection laws at this time. This can be a tricky field to navigate, and companies often try to take advantage of worried consumers facing debt. Remember: No matter your total debt; you have rights against debt collector harassment as you work toward being debt-free. What Is Debt Relief? Debt relief is any structured plan to pay down your overall debt amount. These options can be undertaken yourself or with professional help and can include: What Are Other Options for Debt Relief?An attorney can help you decide which options are right for you. Bankruptcy is one legal option to deal with financial problems. An attorney can review your situation and tell you if a Chapter 7 or Chapter 13 bankruptcy is the best way forward. If your debt is not making everyday survival hard, you may want to consider debt relief before filing bankruptcy. If your debt is beyond controlling on your own, you can discharge most debts in Chapter 7 bankruptcy or pay them back with a clean slate in Chapter 13. Are There Any Programs for Debt Relief?For those who are deep in debt, you might consider debt relief programs. One example is consumer credit counseling to: Several debt counseling organizations are classified as “nonprofit,” but that does not necessarily mean they offer free, affordable, or even legitimate services. There are many credit counselors and debt consolidation agencies that claim to help consumers reduce their debt. Unfortunately, some of these counselors are scammers. To protect yourself, use an agency listed on the DOJ’s list of approved credit counseling agencies. You can also ask a local bankruptcy or consumer rights attorney for recommendations. Don’t Know Where to Start? Review Your Finances FirstBefore picking a debt relief option, you’ll need to know how much you can afford to put toward your debt each month. Review your past expenses to find out how much you need to live on. Be sure to leave enough for daily necessities like food and gas. Once you have a real idea of your debt and expenses, you’ll be able to determine exactly how much you can put toward your debt. If you still need some time to figure out how to best use your “debt payment money,” consider setting up a separate saving account so you won’t be tempted to use it on other things. Making a BudgetIf you’re working on cutting down your debt, making a budget is an essential first step. Creating and sticking to a budget is also an important way to avoid debt in the first place. By mapping out your regular expenses, you can get a clear picture of your finances and act accordingly. You can consider: If you choose not to file for bankruptcy, you will be paying off your debt by yourself or with other debt-relief options. The decision to pay down your debt is a great first step toward getting your finances under control. One of the most common questions people ask themselves when they decide to tackle their debt is, “Where do I start?” Of course, all financial situations are different, making that question difficult to answer in simple terms. Some possible ways to handle debt include: You need to identify the types of debts you have and the consequences of defaulting on them. Most “consumer debts” typically fit into one of these broad categories: Secured Debt: The lenders for secured debts have an ownership interest in your property. The most common types of secured debts are mortgages and car loans. When you can’t keep up with payments, the lender can repossess the collateral property. Back Child Support: Every state has a different enforcement policy, but failing to pay child support almost always has serious consequences. Child support rarely gets reduced, although many states will modify monthly payments or create unique payment plans. Back Taxes: Tax collection agencies take tax debt seriously and often charge huge interest rates on unpaid taxes. You can sometimes work out payment plans to pay down tax debt. Student Loans: Many student loans offer flexible repayment options. Back Utility Payments: Many utility companies will tolerate two or three missed payments, but the company may cut you off if too many are missed. Unsecured Debt: This category includes almost every other kind of debt, such as credit cards, medical bills, and personal loans. Lenders may increase your interest rates, charge late fees, or simply sue the delinquent borrowers. Unlike secured debts, unsecured debts aren’t secured by property, meaning lenders have nothing to repossess should you fail to repay the debt. Carefully review the penalties for not paying these debts. While debt is not a good thing, you sometimes need to choose which debts are the most serious and have the worst consequences and tackle the rest later. Figure Out Which Debts Will Give You the Best BoostDebts often grow at different rates and have different consequences for missing payments (“defaulting”). For example, throwing your limited cash at the wrong debt can put you in deeper debt. Debt can get worse due to the interest and penalties that may accrue on your other loans. Take the time to seriously consider — and calculate — how you want to pay down your debts, including: You can find a recommended order for paying off debts below: 1. Pay for Necessities Many borrowers have fallen behind on their mortgage payments, car loans, or utility payments. If you miss too many of these payments, the creditors can foreclose on your house, repossess your cars, or shut off your utilities. However, most of these loans have lower interest rates than other types of consumer debt, such as credit cards. This means that your “debt load” on these loans will grow at a slower rate than that of your credit card debt. As a result, many bankruptcy and consumer debt attorneys advise making the minimum payments necessary to keep your house and car, and keep utilities on while working on other debts. Borrowers can often negotiate with banks to work out a new payment schedule or reduce the loan’s total amount. Of course, if you are current on these debts or have already worked out an alternate payment schedule, it’s best to stay on course. If you are far behind on payments, some creditors or lenders will choose not to apply your new payments to the debt. If you think this is happening to you, you should speak with an attorney right away. You want payments to apply to the debt, not to new money owed. You may also want to consider setting up a separate savings account to keep your payments in until you are sure the money will be applied correctly. 2. Fulfill Your Legal Obligations Once your day-to-day debt has a plan, think about the money you legally owe others. Failure to make tax or child support payments can have devastating consequences, including: You need to carefully consider each creditor’s claims. 3. Pay off Debts Starting With the Highest Interest Rate Now that you’ve made sure you can stay in your house and take care of your legal obligations, you can work on paying down the rest of your debt. For many people, the largest part of their debt burden is made up of credit card debt. This type of debt typically carries an interest rate between 20% and 30%. As a result, most credit card debt is often made up of late fees and accrued interest, rather than the cash borrowed. The banks that issued the credit cards can significantly reduce your credit card debt and avoid suffering any actual loss. In such cases, the banks typically require you to make a lump-sum payment. Agreeing to this reduction may have tax consequences. If you don’t have the cash on hand to make these lump-sum payments, simply pick the loan or credit card with the highest interest rate and put as much money as you can toward that debt. Once that debt is paid off, cancel the card and move on to the loan with the next highest interest rate. You may also consider combining your loans with a debt relief option. This involves taking out yet another loan, using it to pay off your existing debt, and then paying the consolidation loan off over time. 4. Pay Your Deferred Loans Finally, most student loans allow you to defer payments if you are in difficult financial times. The loan will still accrue interest while in deferral, but usually, the interest rate is lower than those of other types of debts. Once the rest of your debt is under control and you have a steady income, you can resume payments on your deferred loans. The post Bankruptcy In Utah first appeared on Ascent Law, LLC.via Ascent Law, LLC https://www.ascentlawfirm.com/bankruptcy-in-utah/ What is Bankruptcy?Bankruptcy is a legal way to get rid of most of your current debt, stop harassment from creditors, and start fresh. It is a federal court process by which you can discharge some of your debt because you are unable to repay those debts. There are usually two ways bankruptcy is declared: You file for bankruptcy Bankruptcy usually takes two forms: Chapter 7 and Chapter 13. Chapter 7 BankruptcyChapter 7 Bankruptcy, otherwise known as “straight bankruptcy” or “liquidation,” allows the debtor to sell their non-exempt assets to pay off their debts; after that, the debtor will be free from all dischargeable debts. There are specific eligibility requirements that you must meet to qualify for Chapter 7 bankruptcy. Some of the scenarios where you wouldn’t be eligible for Chapter 7 include when: Your income is too high (this is determined using the “means test”): In such cases, your case may be filed under chapter 13 bankruptcy Under Chapters 7, 11, 12, and 13 of the U.S. Bankruptcy Code, some or all of your existing debt can be discharged. A “discharge” means you are not personally liable for the money and do not need to pay it back. The creditor you owe, such as a hospital or credit card company, cannot call you or take collection actions against you once the debt is permanently discharged. Note: Most people will file a Chapter 7 bankruptcy to remove credit card debt and seek debt relief. Some debts may have a bankruptcy discharge but you might have to keep personal liability for other debts. Debt Discharge Comes After Selling Off AssetsChapter 7 bankruptcy often involves the liquidation (or selling off) of assets in order to pay past debts. Only after this process is completed can you have qualifying debts discharged. Some property is protected from liquidation by federal or state bankruptcy exemptions. In fact, many people who file for Chapter 7 can keep a majority of their property. It will be up to your attorney and bankruptcy trustee to decide what you can keep, what deals you can make with the creditor, and what you need to give up in your bankruptcy case. Once assets are liquidated, the courts tend to discharge debts right away. In the whole Chapter 7 bankruptcy process, this happens about four months after you first file in bankruptcy court. Keep in mind you need to complete educational classes on debt management in between filing and receiving the discharge, or the judge may dent your debt discharge. What Happens After a Chapter 7 Bankruptcy?Those who pursue a Chapter 7 bankruptcy should be aware of some potential problems or concerns. Many forms of debt cannot be discharged under Chapter 7 bankruptcy, including: Government-funded student loans Potential applicants for Chapter 7 bankruptcy should be aware that even private student loans are rarely discharged without a special showing of undue hardship. This can be hard to prove but can happen if you become permanently disabled and cannot work. Property That Can Be Taken Before a DischargeBankruptcy is intended to help you get relief from the burden of debt, so removing all of your property would be counterproductive, as you would need to rebuy a car or other items. Property that is considered necessary for modern life may be exempt from creditors taking it back. But, you may need to petition a judge to stop them. Some examples of the property a creditor might try to take back include: While this list looks scary, it is important to remember that creditors can try to take these items, but they generally will not succeed. Much of this property is protected by Utah’s exemptions or wildcard exemptions, as it is essential for work or daily life. A creditor will receive a notice saying your debts have been discharged. They can try reaffirming these items or sue you for debt if they do not agree with the discharge. How to Get a Debt DischargeFiling for bankruptcy is not an easy decision to make, but sometimes it’s necessary. You can start the process by asking an attorney what property is excluded in a Chapter 7 bankruptcy, and what could be included. They can tell you what a creditor might come after and how to legally and effectively stop them. Chapter 13 BankruptcyChapter 13 Bankruptcy requires you to make a repayment plan to pay creditors over a period of three to five years. This method is usually used if your income exceeds the limits set for Chapter 7 bankruptcy. You also need to show you comply with the eligibility requirements before you can file Chapter 13. These include: You are not a business organization Use Reaffirmation to Stop Creditors Taking Your PropertySome creditors can keep their rights over your property even following a discharge. One way this can happen is through what is called a “lien.” A creditor can use a lien to enforce payment or take back the property. The creditor will not repossess the property as long as you continue to pay the debt Solving Bankruptcy ProblemsFollowing a bankruptcy, you may need to correct any inaccurate reports from former creditors. To do this, you will need to engage in a process with the credit bureau. This can entail contacting former creditors for verification of the satisfaction of debts. Even when these issues are resolved, those who have completed a bankruptcy can still expect to: These complications are not the end of the world. They may require using a mortgage broker when seeking to purchase a house. Even though it may be counterintuitive, there are benefits to bankruptcy when you have debts that you can’t pay. You will get a clean slate, and most negative outcomes will fade from your record within a few years. But whether or not you should file for bankruptcy is heavily dependent on an individual’s specific circumstances. For this reason, it can be very beneficial to speak with a bankruptcy attorney in Utah who can explain the benefits and downsides to filing for bankruptcy in your particular situation. Filing for bankruptcy is a complicated, emotional process. It takes more work and time than most people realize, but it can also be the right solution for significant debt issues. The Honest Benefits of BankruptcyConsult with a bankruptcy attorney or educate yourself on your options — you may find that filing for bankruptcy could help you out of a difficult financial bind. Most filers find that bankruptcy eases stress by stopping: Collections agency calls or harassment Is Bankruptcy a Good Idea for You?The decision to file for bankruptcy is a serious one. There are several considerations worth examining closely before getting started: The impact on your future ability to access credit, lenders, or low interest rates Considering other impacts can be critical in deciding whether to file for bankruptcy or which form is a better option. Some bankruptcies may: Fail to discharge credit card debts Any of these concerns may impact the desirability of the relief provided. However, none of these reasons are worse than staying in overwhelming debt or making your financial situation worse. Sometimes, you simply need debt help and cannot get there alone. Bankruptcy will give you a fresh start, and you can work towards the financial situation you want. Despite what many think, filing for bankruptcy is not the end of the world. It can actually be the fresh start you have been looking for. The laws of bankruptcy were drafted with the purpose of giving people a second chance, and not to punish them. But that doesn’t mean you should file for bankruptcy at the first sign of financial distress. Declaring bankruptcy will have short- and long-term consequences and should only be done as a last resort. So, when should you file for bankruptcy? Before You File, Evaluate Your SituationWhen should I file for bankruptcy? This is a question most people under financial distress ask. You should probably consider other options before going this route. These options include: Getting credit counseling If, however, other options don’t seem feasible, filing for bankruptcy may give you the ability to get a fresh start. Declaring Bankruptcy Will Affect Your Credit ScoreIn exchange for discharging your debt, filing bankruptcy shows everyone that you may be a credit risk, which will be reflected in your credit score. Thus, getting a loan, a mortgage, or a credit card may be very difficult after declaring bankruptcy. You should note bankruptcy filed under Chapter 7 will remain on your record for 10 years. If you filed under Chapter 13, it would stay on your credit report for 7 years. After that, it is erased. Your Co-Signers May Be Required to Pay Your DebtsCo-signers are people who agree to pay your debt if you are somehow unable/unwilling to pay the debt. If you file a Chapter 7 bankruptcy, your creditors are allowed to go after the co-signer even if your bankruptcy case is successful. Under Chapter 13, your creditors can’t go after your co-signer as long as you make your regular payments per your agreement. Filing for Bankruptcy during a PandemicFiling for bankruptcy during a pandemic or other national emergency may be challenging, as operational hours for courts may change. So, first, make sure your local bankruptcy court is open and taking cases before you file. You should also expect a delay in the processing of your case. The Federal Government May InterveneUnder rare situations, the federal government may pass laws that could affect your bankruptcy case during a pandemic. For instance, the federal government passed a stimulus bill in response to the COVID-19 pandemic. Under this stimulus bill, several temporary changes were made to the bankruptcy code. Some of these changes include: Previously, the debt limit to be eligible to file for bankruptcy under the Small Business Reorganization Act (SBRA) was $2,725,625. Under this stimulus bill, the debt limit was increased to $7.5 million for a period of one year. The bill also changed the definition of “income” for Chapter 7 and 13 bankruptcy filers. Accordingly, payments received from the federal government that are related to COVID-19 are not considered income for purposes of bankruptcy. People with federal student loans can, without penalty, defer their payments for six months through September 30, 2020. People who already filed a Chapter 13 and are under a repayment plan can make modifications if they can show “material financial hardship” because of the pandemic. The modifications include an extension of payments for seven years. If your debts have become unmanageable or you’re facing foreclosure on your home, you might be thinking about declaring bankruptcy. While bankruptcy may be the only way out for some people, it also has serious consequences that are worth considering before you make any decisions. For example, bankruptcy will remain on your credit report for either seven or 10 years, depending on the type of bankruptcy. That can make it difficult to obtain a credit card, car loan, or mortgage in the future. It could also mean higher insurance rates and even affect your ability to get a job or rent an apartment. Advantages to a Utah Chapter 7 filing: When Is it Feasible to File Without an Attorney?What Is a Priority Debt? When Is it a Bad Idea to File Bankruptcy Without an Attorney?There are many reasons to file a Chapter 13 bankruptcy instead of a Chapter 7 bankruptcy. You may want to file a Chapter 13 bankruptcy because you wish to catch up on mortgage arrears, get rid of your second mortgage, cram down (reduce) your car loans, or pay back non-dischargeable priority debts, such as back taxes or support arrears. Or maybe you make too much money to qualify for a Chapter 7 bankruptcy. No matter what your reason is, most Chapter 13 cases are too difficult to file on your own. Chapter 13 bankruptcies are a lot more complicated than Chapter 7s. In addition to filling out the official bankruptcy forms (and perhaps some local forms), you must also design a proposed repayment plan, something that is very difficult to do without the expensive software that most attorneys use. Also, certain actions such as stripping your second mortgage or cramming down a car loan will usually require filing additional bankruptcy motions and paperwork with the court. As a result, even some attorneys will limit their bankruptcy practice to Chapter 7 cases because they feel they are not qualified to handle a Chapter 13. In fact, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court. So if you are planning to file a Chapter 13, it is a good idea to hire a qualified attorney. If You Have a Complicated Chapter 7 CaseCertain Chapter 7 cases are more complicated than others. Your Chapter 7 will usually be more complex if you own a business, have income above the median level of your state, have a significant amount of assets, or have creditors who can make claims against you based on fraud. If any of the above applies to you, you risk having your case dismissed, your assets being taken and sold, or facing a lawsuit in your bankruptcy to determine that certain debts should not be discharged. In that case, it is advisable to hire an attorney to handle your bankruptcy. If You Are Not Comfortable Doing it on Your OwnIf you have a simple Chapter 7 case, bankruptcy can be an intimidating and time-consuming process. You will need to accurately fill out many forms, research the law, and attend hearings. If you are not comfortable with any aspect of the bankruptcy process, you should consider hiring an attorney who will prepare the forms, attend the hearings with you, and guide you through the process. Filing for Bankruptcy in UtahAre you a resident of Utah and thinking of filing for Chapter 7 or Chapter 13 bankruptcy? If so, you will have to participate in credit counseling before you file, complete the bankruptcy petition and other required forms, and file those forms in the Utah bankruptcy court. After filing, you must complete debtor counseling before receiving your discharge. Although most of the bankruptcy process is governed by federal law, there is some Utah-specific information you will need to know before filing. Pre-Bankruptcy Credit Counseling and Pre-Discharge Debtor Education in UtahIn order to qualify for Chapter 7 or Chapter 13 bankruptcy, you must show that you received credit counseling from an agency approved by the U.S. Trustee in Utah within the six month period before you file for bankruptcy. You’ll also have to take a debtor education course before you get a bankruptcy discharge. Utah Bankruptcy ExemptionsUtah has a set of bankruptcy exemptions which help determine what property you get to keep in Chapter 7 bankruptcy and play a role in how much you repay unsecured creditors in Chapter 13 bankruptcy. Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions but Utah is not one of them. In Utah, you must use the state exemptions–the federal bankruptcy exemptions aren’t available. Completing the Bankruptcy Forms in UtahWhen you file for Chapter 7 or Chapter 13 bankruptcy, you must complete a bankruptcy petition, a number of schedules containing detailed information about your finances, and several other forms, including a lengthy form known as the “means test” (for Chapter 7) and a similar form for Chapter 13. Finding Means Test Information for UtahWhen you file for bankruptcy in Utah, you must compare your income to the median income for a household of your size in Utah. If your income is less than the median, you will be eligible to file for Chapter 7 and, if you choose to file for Chapter 13, you can use a three-year repayment plan (rather than five years). This is called the means test. If your income is above Utah’s median income, you still might qualify for Chapter 7, but you’ll have to provide detailed information about your expenses and payments on secured debts in order to find out. Most Chapter 13 filers also have to provide this information. Speak to an Attorney Before You File for BankruptcyIf you are considering filing for bankruptcy, it is very important you have all the information you need, especially since bankruptcy laws tend to be detailed and complicated. Speaking to a bankruptcy attorney in Utah is the best way to ensure your rights are protected. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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