Wednesday, 31 January 2018

Lawyer to File Bankruptcy

Lawyer to File Bankruptcy

The most fascinating part of my work as a bankruptcy lawyer is the first call. After speaking with what seems like countless people who are looking into the option of bankruptcy, I have found that some have tears, all are frustrated and stressed, and a surprising number apologize to me for their emotions. They apologize for the tears and frustration because they think that they are alone in their situation, and feel as if failure is knocking on their door. They have become overwhelmed with debt collectors, pressure to support their family, the inability to find work, medical bills, and the list goes on. My prayer to these people is to stop stressing, stop worrying, and let themselves find relief. Many of our clients enter our office for the first visit timidly, with a sense of insecurity or embarrassment. They are often misinformed about bankruptcy. I have seen this frustration as clients have hidden behind our floral arrangement or buried their face in their hands. I am always amazed to see the complete change in the walk and disposition of our clients after they finish meeting with the attorney. The hope in their eyes is easy to see. Even if bankruptcy isn’t the right fit for you, we will be able to review your options and help you on your way to a more successful future. You will never leave our office feeling as if you have just wasted your time. If we cannot take your case, we will refer you to someone better suited to help you.

When you decide to file with us, you will find that we are not only here to provide relief, but also support. We will walk you through the process. We have experienced paralegals and attorneys that will guide you through the bankruptcy paperwork. They will help you make sure everything is complete and correct, and answer your questions. The decision to file bankruptcy is difficult, but the relief it provides is worth the effort. Bankruptcy was put into place by our government to provide that new beginning. My favorite part of working with those filing for bankruptcy is the newly found hope that they receive. After all the agony caused by financial struggles, they receive a fresh start.

Do I Need A Lawyer To File Bankruptcy?

If your financial struggle is causing you to consider filing for bankruptcy, you might be wondering if you must hire a lawyer to represent you.

The Risks

While technically there is no requirement to hire a lawyer.

It is important to recognize that the rules governing bankruptcy, called the Bankruptcy Code, are extremely complicated. A bankruptcy petition listing your assets, debts and other pertinent information is at least 35 pages long (and often longer). Errors in the petition could result in a dismissed (or unsuccessful) case or even loss of property you thought you would otherwise keep. It’s also important that all the information is prepared properly and accurately, because information perceived as misleading could land you in jail for fraud or perjury.

Qualifications

Attorneys go to school for several years to obtain a Juris doctorate degree. With their J.D. behind them, they take on the challenge of their state’s bar exam – if they pass, they are licensed to practice law in that particular state. However, since bankruptcy laws are written by the U.S. Congress, lawyers also need to familiarize themselves with the federal bankruptcy code specifically, which isn’t generally a focus on the bar exam. But even once all of these obstacles have been overcome, it’s important to remember that not all lawyers are the same – experience and focus in bankruptcy matters tremendously.

Our Recommendation

Although it’s not technically required, it’s most definitely prudent to hire a bankruptcy attorney who is extremely knowledgeable and experienced to assist you along the way. A relatively small expense earns you years of legal experience and the understanding of the bankruptcy code. Do some investigation about the attorneys you are considering working with. Are there complaints about them on government or review websites? You can also check county court records to see if the lawyer has ever been arrested or charged with a crime. One of the best resources for finding a trusted lawyer is simply ask your friends and family members if they know someone who can help you. But ultimately you’ll want to meet whoever you are considering working with to ensure they are knowledge, trustworthy and considerate of your goals.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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When you need a Mediator and a Lawyer

Thе role оf a divоrсе mеdiаtоr iѕ to hеlр you аnd уоur spouse reach аn аgrееmеnt. Tо perform that rоlе еffесtivеlу, thе mеdiаtоr hаѕ tо be completely indереndеnt.  Thе mеdiаtоr dоеѕ nоt rерrеѕеnt you or your spouse. The mеdiаtоr iѕ nеutrаl. Because I am a mediation lawyer, I understand this process better than most.

During thе mеdiаtiоn рrосеѕѕ, thе mediator focuses on what уоu and your ѕроuѕе each need аnd wаnt. Thе mеdiаtоr will hеlр уоu brаinѕtоrm creative options fоr rеѕоlving уоur iѕѕuеѕ with уоur ѕроuѕе jointly, аmiсаblу, аnd in a wау that satisfies as mаnу оf bоth оf уоur nееdѕ and wаntѕ as роѕѕiblе. The mеdiаtоr iѕ аlѕо nоt a judgе.  A mеdiаtоr does not, and саnnоt, fоrсе уоu аnd уоur ѕроuѕе to agree оn аnуthing.  He/she can оnlу wоrk with уоu and уоur ѕроuѕе tо trу tо hеlр уоu аnd уоur ѕроuѕе find соmmоn grоund аnd settle уоur issues.

When you need a Mediator and a Lawyer

Once you аnd уоur spouse reach аn аgrееmеnt, the mеdiаtоr writes up thаt аgrееmеnt intо a document thаt is trаditiоnаllу саllеd “A Memorandum оf Understanding” оr a “Mеdiаtеd Sеttlеmеnt Agreement” or “stipulation.” Yоu can thеn take that document to уоur lаwуеr аnd have it made a part оf thе finаl divorce dосumеntѕ in уоur саѕе. Thе Mеdiаtеd Sеttlеmеnt Agrееmеnt is only оnе оf thе documents you nееd in your divоrсе.  It is аlѕо thе оnlу document thаt thе mediator will write fоr уоu. All of уоur other dосumеntѕ muѕt bе written by a lawyer.

Thе Rоlе Оf A Lаwуеr

The rоlе оf a lаwуеr in the divоrсе mеdiаtiоn рrосеѕѕ iѕ to bе уоur educator and уоur аdvосаtе.  Unlike a mеdiаtоr, уоur lаwуеr is not nеutrаl оr independent.  Yоur lаwуеr represents уоu.

Tурiсаllу, lаwуеrѕ dо nоt attend mеdiаtiоn ѕеѕѕiоnѕ with уоu.  Thе оnlу ones whо аrе in thе mеdiаtiоn ѕеѕѕiоnѕ аrе nоrmаllу you, your ѕроuѕе, аnd the mediator. Thаt iѕ why it iѕ so important thаt уоu mееt with уоur lаwуеr bеfоrе the mеdiаtiоn асtuаllу bеginѕ ѕо your lawyer can hеlр уоu undеrѕtаnd hоw thе lаw works, аnd what уоur rightѕ аnd rеѕроnѕibilitiеѕ аrе in уоur divоrсе.

Yоur lаwуеr will advise you аbоut thе lаw аnd will help уоu tо undеrѕtаnd whаt thе lаw rеԛuirеѕ in уоur саѕе. Your lаwуеr will mаkе ѕurе уоu undеrѕtаnd the kind оf result thаt уоu might hаvе if you tооk your саѕе tо соurt. Of course, whеn уоu gо tо соurt, thеrе are no guarantees about whаt will асtuаllу hарреn. But, аt lеаѕt thе lawyer will givе уоu hiѕ/hеr best opinion about hоw thingѕ might unfоld.

Your lawyer will аlѕо help you identify уоur оbjесtivеѕ for mеdiаtiоn.  S/he will help уоu figurе оut what уоu want tо achieve, аnd аlѕо mаkе a рlаn ѕо that уоu саn rеасh a ѕеttlеmеnt that gеtѕ уоu as muсh оf whаt уоu wаnt аnd nееd as possible. If mediation iѕ not ѕuссеѕѕful, уоur lаwуеr can still соntinuе to rерrеѕеnt уоu in соurt.  Ultimately, ѕinсе mоѕt divorce саѕеѕ ѕеttlе before triаl, your lаwуеr will very likеlу try tо negotiate a ѕеttlеmеnt fоr уоu at ѕоmе роint.  If уоur саѕе doesn’t ѕеttlе, then уоur lаwуеr will trу уоur саѕе.

Free Consultation with Mediation Lawyer

It’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.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Tuesday, 30 January 2018

Land Encroachment

I get asked lots of questions as a real estate lawyer. One recently was: What is an Encroachment?

Generally, no person has the right to build any structure on his own land so that part of the structure, no matter how small, encroaches or extends onto the land of another. If one person’s property extends beyond his boundaries and encroaches on the adjoining land of another, this is an encroachment of land. It doesn’t matter whether the encroachment is above or below the surface of the land. A Utah encroachment attorney can help you determine whether something is an encroachment.

Land Encroachment

The consequences of encroachment of land can range from simple nuisances, like tree branches hanging over your neighbor’s land, to being sued for actual damages or removal of the encroachment. Depending on whether the injury to the land is permanent or temporary, damage amounts and remedies can vary. Property law is complicated. The laws and regulations governing encroachment of land issues vary by state, and your rights and obligations can differ depending upon the municipality. A good encroachment lawyer in Utah can help advise you of those rights and duties.

For example, when a client is purchasing a house or other real estate, title searches and surveys will be obtained and reviewed to see if any encroachments exist regarding the property. The disclosure of the existence of an encroachment may result in a transaction being cancelled or a lender refusing to approve a mortgage.

Healthcare Proxy

Utah law provides that a person can sign a Health Care Proxy and appoint another person to make health care decisions in the event they become unable to make decisions for themself.  Utah health care proxy lawyers are familiar with Article 29-C of the Utah Public Health Law (“PHL”) which contains the provisions regarding Health Care Proxies.  This statute is entitled “Health Care Agents and Proxies” and begins with Section 2980 of the PHL.

Section 2981 of the PHL provides that an adult who is competent can appoint someone as his health care agent by using a Health Care Proxy that he signs and dates which is witnessed in the presence of two witnesses who are adults who also need to sign the proxy.  An example of a form of Health Care Proxy is contained in the statute.

Your agent can be given the broad ability to make most any health care decision for you or you can limit the agent’s authority by specifying the types of decisions you would like the agent to make on your behalf.  Section 2982 of the PHL provides that when an agent is making decisions the agent must act in accordance with the principal’s wishes which includes their moral and religious beliefs or, if not known, in accordance with their best interests.

Wills and Probate Court

Probate is the process by which a person’s last will is validated by the Court.  When a person dies, the Last Will is filed with the Court.  The probate proceeding involves the preparation and presentation to the Court of various papers and notice to the decedent’s next of kin. These individuals are called distributees. Wills and probate court can be very complex, and a Utah wills and probate lawyer may be helpful to assist you.

The initial papers filed with the Surrogate’s Court are usually the Probate Petition, the Last Will and the decedent’s death certificate.  The probate petition must contain very specific information regarding the decedent and the distributees.  Sometimes there may be a need for preliminary Court filings.  For instance, if the decedent died at home and the police department was called and the home was sealed, the Court can issue an order allowing a person to search the home to look for a possible Last Will. If a Will is found, it can be filed with the Court and the probate process can be started.  Also, sometimes a person is withholding a Last Will and refuses to file it with the Court for the probate process to begin.  When this occurs a petition can be filed with the Court to force the person to appear in Court and produce and file the Will.  On the Court date the Court can direct that the Will be produced for probate.

In most instances, the probate proceedings are straight forward and the Last Will is admitted to probate or validated by the Court. The Court will then generally appoint an Executor who can administer the estate and distribute the estate assets according to the Will provisions.

Occasionally, the validity of the Last Will may be contested or the Court may determine on its own that certain formalities or aspects of the Last Will presented to it prevent the Court from admitting it to probate. A wills and probate lawyer can help Utah residents understand this process. There are numerous procedures that can be involved with determining the validity of a Will.  One common process is provided by the Utah Surrogate’s Court Procedure Act Section 1404.  This statute allows certain persons who are interested in the estate to obtain information and pre-trial testimony regarding the preparation and the execution of the Will.  Testimony can be obtained from the attorney who drafted the Will and the witnesses who signed the Will when it was executed by the decedent.  If there appears to be valid problems regarding the Will, objections can be filed and there can be a trial of the Will Contest.

Since the decedent is no longer alive to tell or explain his or her desires, it is up to the Court to make sure that the Last Will filed with the Court is a valid document expressing the decedent’s wishes. Wills and probate Court protect the decedent’s estate plan.

Free Consultation with Real Estate Lawyer

It’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.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Drug Paraphernalia Defense

Many college students and young adults who are just entering the workforce are arrested for drug possession and drug paraphernalia charges. Any drug charge can result in a criminal conviction and hurt your ability to get the job you want or go to the college or post-graduate program of your choice.

Drug Paraphernalia Defense

A drug conviction can cause a wide range of collateral consequences that you may not have even considered. I’ve seen a lot over the years as a drug paraphernalia lawyer. What if you get a divorce? Will your drug conviction be used against you in a child custody dispute? What if you decide to run for political office, become a corrections officer or become a commercial truck driver? How will a drug conviction affect your options and your future?

Get The Vigorous Defense You Deserve

In Utah, the possession of drug paraphernalia is typically a Class B misdemeanor, which carries a maximum penalty of up to six months in jail. Frequently, drug paraphernalia charges are accompanied by charges for drug possession or possession with intent to distribute.

How We Handle Drug Paraphernalia Charges

For starters, the state has to prove that the paraphernalia was yours. In many drug paraphernalia cases, the defendant was arrested because he or she was in the presence of friends who had drug paraphernalia. Guilt by association is not enough; the prosecution must prove beyond a reasonable doubt that the paraphernalia was yours.

In addition, the prosecution must prove that the item was intended for use with drugs. If you had rolling papers for cigarettes or other items intended for a legal use, you are not guilty of drug paraphernalia charges. We will challenge every aspect of the prosecution’s case to seek the best possible result for you.

Inappropriate Friending!

A North Texas juror who was booted from a trial has been cited for contempt after trying to “friend” the defendant on Facebook. Court records show 22-year-old Jonathan Hudson on July 19 was removed from the jury in a Tarrant County civil case. The trial, over a 2008 car wreck, proceeded with 11 jurors.

Hudson last week pleaded guilty to four counts of contempt and has been ordered to serve two days of community service Texas recently added specific language to jury instructions that bans jurors from discussing the case on social networking sites. Hudson had received those instructions.

The Fort Worth Star-Telegram reported that Hudson’s attorney Steve Gordon says his client “made a silly mistake.” “I’ve never seen this before,” prosecutor Chris Ponder “But I’m afraid this is a new reality as the technology is so ubiquitous that we’ll have these types of things occur.”

Facebook and other social media sites have opened up a new world of law. We all have to be careful and make proper discussions regardless of our communication in real life or social media world.

Parenting plan may play important role in child custody decisions

As divorcing Utah residents move through each stage of their legal proceedings, they may feel a sense of relief that they are one step closer to finalizing the process. However, some areas may be more difficult to work through than others, and when it comes time to make child custody decisions, parents may feel particularly on edge. Though they certainly want to do what is best for their children, they likely also want to ensure that they still have the ability to see their kids often.

Because the decisions made during these proceedings can impact individuals’ lives for a considerable amount of time, parties may want to pay particular attention to their custody terms and the parenting plans they create. In order to create an effective plan, parties may want to consider their current circumstances and how those circumstances could change in the future. By thinking ahead, individuals may avoid finding themselves trying to make plans work that no longer suit their needs.

Of course, it can be difficult to determine what needs may come about in the future. Some situations that may be worth considering are how each parent should handle future extracurricular activities and school events. Parents may also wish to include certain terms regarding communication in order to know the best ways to discuss any issues that may arise concerning their kids.

Parenting when both parents are on good terms can be difficult, and when the parents are going through divorce, it may seem even more challenging. Because child custody proceedings can seem contentious, Utah residents may want to focus on their children’s needs and their best options for meeting those needs. If parents are concerned about how to come to the best custody and parenting plan terms, they may wish to discuss their circumstances with their legal counsel.

Free Consultation with a Drug Paraphernalia Defense Lawyer

When you need help on a drug paraphernalia charge in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Monday, 29 January 2018

Asset Protection from Medical Bills

Asset Protection from Medical Bills

In a new and ironic twist, a growing number of individuals are now legally protecting themselves from their doctors. The idea may be surprising, but with rapidly disappearing health coverage, medical expenses are now a realistic and high probability threat to the lifetime savings of millions of Americans.  As an asset protection lawyer, I was surprised at first, but then I saw something. Just as physicians have been diligent about planning to minimize their malpractice liability risks, now patients are anticipating and protecting themselves against the serious financial consequences of unforeseen medical expenses.

No one doubts that there’s a monumental crisis in health care coverage. Forty-five million Americans have no medical insurance and even those with group or private policies are sometimes stuck with unexpected and un-payable bills. Higher deductibles and co-pays can easily balloon out-of-pocket costs beyond anything anticipated. Even those who think they have solid insurance, in a good plan, may find out, when it’s too late, that their coverage means a lot less than they thought.  Every day we hear stories from clients and the news about insurers refusing payment during or after treatment.  In a recent CBS News report about one of the nation’s largest insurers, Richard Blumenthal, Connecticut Attorney General, declared that “The company [Assurant Health] offers the illusion of coverage while challenging any large claim.” In the report, a former claims adjuster revealed that it was company policy to scrutinize any significant claim, often manufacturing excuses to avoid payment. Unfortunately, despite a few notable fines and lawsuit settlements, these hardball tactics appear to be the normal course of business for at least some insurers.

When Patients Can’t Pay

What happens when a large medical bill can’t be paid?  Usually the outcome is a lawsuit filed by the hospital or collection agency with a judgment and a lien filed against the patient’s home and accounts. In most states, a percentage of the debtor’s employment earnings can be garnished. Generally, before this point is reached, the patient files a personal bankruptcy to stop the wage garnishment and wipe out the medical bills and other accumulated debts. But that requires that he give up all of his assets including savings accounts, real estate and equity in his home.  These assets, except those that are specifically exempt, are turned over to the Court and divided among the creditors.

According to a 2005 study by Harvard University, about half of the 1.5 million annual bankruptcy filings are caused by illness and medical bills. And surprisingly, three fourths of those had health insurance at the start of the illness which triggered the filing. “Unless you’re Bill Gates, you’re just one serious illness away from bankruptcy”, said Dr. David Himmelstein, the study’s lead author and an associate professor of medicine. “Most of the medically bankrupt were average Americans who happened to get sick.”

How Patients Protect Themselves

The high level of financial risk posed by an unpredictable medical event is now leading patients to take steps to protect their savings from this threat. For instance, I met with Mr. and Mrs. X last week, a couple in their early 50s. They have about $300,000 of equity in their home and $200,000 in savings. Mr. X is self-employed and Mrs. X works for a small company. Both are covered under her group plan, but, with rising costs, the company might cut back or terminate the plan sometime soon. Individual policies may be available at that point but the cost and extent of the coverage is unknown.  The goal of their planning is to protect their savings from large, unexpected bills at any point in the future.  Asset protection, using techniques such as a Family Savings Trust can effectively shield savings from these events, but the planning must be completed before the fact. If bills have been incurred, or expenses loom, planning is too late at that point.

How to protect your assets from unexpected medical bills and claims

Of course the real solution to the problem is for everyone to have affordable insurance which covers any health care costs. However, it’s almost impossible to imagine a scenario in which competing financial and political interests are able to agree and implement a worthwhile plan, at least for the foreseeable future. For now, many believe that their only reasonable choice is asset protection to minimize these risks.  Early planning and advice from a knowledgeable local attorney are essential to the success of these measures.

Free Consultation with Asset Protection Lawyer

When you are ready to protect your assets, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Probate a Will

Because I am a probate lawyer, I’ve often asked about how to probate a will.

Probate is the procedure by which a person’s Will is given validity by the Court.  The probate Utah State process can be complex. A formal petition, the original Will, witness affidavits and proper notice to family members and others are among the papers required in the Utah State probate process.

Probate a Will

Probate of a Last Will occurs in the Surrogate’s Court.  For the most part, there is a Surrogate’s Court located in each county in Utah such as the Queens Surrogate’s Court, Kings Surrogate’s Court and Utah Surrogate’s Court.

The Utah Probate Process is guided by two primary sources of law.  One is the Estates, Powers and Trusts Law (“EPTL”) and the other is the Surrogate’s Court Procedure Act (“SCPA”).  These statutes, along with various Court decisions and rules, provide the basis for probating a Utah Will.  When a person dies without a Last Will, such a situation results in an Intestate Estate.  The statutes provide different procedures in these cases, as a state probate lawyer in Utah can explain.  Whether an estate is subject to probate or intestate administration proceedings, the Surrogate’s Court requires that it be provided with all detailed information regarding a decedent including names and addresses of next of kin (“distributees”) and assets.

It may not always be easy to provide complete information as to a person’s next of kin.  In many instances, where the only surviving relatives are cousins or more distant relations, such person’s whereabouts and family connection to the decedent can be hard to find and to prove.  Relatives might be scattered throughout many states or countries and they may not have had any contact with the decedent for decades, if at all.  These issues are often resolved in Kinship Hearings.  These hearings require that the Court be provided with the testimony of disinterested persons and certified records such as birth, death and marriage certificates all of which are needed to demonstrate kinship to the decedent.

The vast majority of Probate cases do not involve Estate Litigation such as Will Contests or persons contesting a Will.  However, these types of controversies do arise on occasion and require extensive involvement by Utah Probate Lawyers to resolve. In the case of a Will Contest, SCPA Section 1404 provides an aggrieved party the opportunity to examine documents relating to the preparation of the Last Will and to take the testimony of the attorney who drafted the Will and the Attesting Witnesses, even before any formal objections to the Will are filed.

Buy-Sell Agreements

It is important for small business owners to consider the consequences and retain a lawyer if one of the owners dies or becomes incapacitated. Such events may jeopardize the continued management or operation of the business. Additionally, the economic effect on the surviving or continuing owners, as well as the family of the departing owner, needs to be taken into account by a Utah City business lawyer.

Buy-sell agreements between business owners in Utah City and elsewhere are designed to resolve these types of situations. Simply stated, these agreements provide procedures whereby one owner or the business itself can purchase the interest of the departing owner. As a result, the operation of the business is not interrupted and the departing owner or his or her family can obtain a payment for his or her interest in the business. Such a payment may not be available in an open market.

Free Consultation with a Probate Lawyer

If you are here, you probably have a probate or estate issue you need help with. If you do, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Sunday, 28 January 2018

Bankruptcy Fast Facts

Bankruptcy Fast Facts

Bankruptcy is often considered a sort of dirty word; some nefarious thing to be avoided at all costs. I’ll try in this post to share with you some information I’ve learned over many years as a bankruptcy attorney. We’ll also try to unravel some of those myths—and replace them with the facts.

Despite its bad rap—often encouraged by creditors to keep you in the debt cycle—bankruptcy can be a powerful tool to help you move beyond the “paycheck to paycheck” lifestyle and get a fresh start. In fact, unlike many programs that creditors have designed to ensure that they can keep recovering payments from consumers, bankruptcy is a federal program. It was written into law specifically to assist those who, despite their hard work and best efforts, have experienced misfortune due to a lost job, medical catastrophe, or other event that results in an inability to pay their bills.

Bankruptcy can help you regain sound financial footing after a turbulent time.

Will My Chapter 13 Payment Change With My Income?

Chapter 13 bankruptcy runs over a significant length of time: 3 to 5 years. The terms of the repayment plan is tied to the debtor’s income and expenses. That raises one of the most common questions people have about Chapter 13 bankruptcy: since your income and/or your expenses might change significantly during the life of the plan, how does that change affect the plan? Can your payments be adjusted?

Chapter 13 Basics

First some basics on how Chapter 13 works. Chapter 13 bankruptcy is known as “the wage earner’s plan.” It allows people with a regular income to develop a plan for repaying a portion of their debt over a period of three to five years, depending upon monthly income.

Who is Eligible?

You can file under Chapter 13 as long as you have:

  • Unsecured debts less than $336,900
  • Secured debts less than $1,010,650

There is no minimum debt requirement for filing under Chapter 13. Self-employed or those operating an unincorporated business can also file Chapter 13 to reorganize debts associated with their business.

Three-Year versus Five-Year Plans

Whether you end up with a three-year or five-year plan is a function of your income. If your income is above the median, your Chapter 13 plan must run for five years with expenses determined by IRS collection standards. If your income is at or below the median, you’re eligible for a three-year-plan with payments determined by actual expenses versus IRS guidelines.

Options for Dealing with Changed Income and/or Expenses

Chapter 13 bankruptcy offers two basic ways to deal with changed financial circumstances Modification of the plan’s payment schedule to keep the plan workable. Plan modifications often involve reducing the monthly payments in light of reduced income and/or increased expenses.

A “hardship discharge” is the other option, and occurs when the changed circumstances prevent the debtor from completing the plan. Not surprisingly, the law restricts hardship discharges to a limited set of circumstances. It’s only available when all three of the following circumstances are met:

  • The circumstances preventing the debtor from completing the plan’s payments are beyond the debtor’s control
  • Creditors have received at least as much money as they would have received under Chapter 7 where nonexempt assets are liquidated
  • The problem can’t be solved by merely modifying the plan

As soon as you anticipate changes to your income or expenses you should contact your attorney to discuss the potential of making changes to your plan. Not all plans can be modified, and if that’s the case it may be dismissed (unsuccessfully closed).

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Salt Lake City Estate Planning Lawyers

In this article we are going to address different aspects of estate planning, estate administration, probate, etc. As an estate planning lawyer, I have done hundreds, if not thousands of plans and administered hundreds more. Hopefully, this information will help you.

Salt Lake City Estate Planning Lawyers

Probate is the process by which a writing that is a last will is validated by the court. Typically, a last will is filed with the court for probate where a person who dies owns assets or property in his or her name alone.

Utah decedent’s estate lawyers know that preparing an effective estate plan is an important step to facilitate the probate process.   A Will in Utah must be signed and witnessed according to the provisions of the Estates, Powers and Trusts Law.  Wills are typically in writing and are signed by the testator at the end and are witnessed by at least two attesting witnesses.  When a Will is prepared by a lawyer and the signing is supervised by an attorney, the law provides certain presumptions as to its validity.  The witnesses customarily sign an affidavit at the signing that the will was properly executed.  This self-proving affidavit helps expedite and simplify the probate process, Probate proceedings can become complicated and subject to contests when a person does not follow the proper Will execution procedure.

Once the probate process is completed the decedent’s affairs or his estate can be administered by the Executor appointed by the court in the probate proceeding. Decedent’s estates typically involve the collection of assets and the payment of bills and taxes.  The probate process and the administration of the decedent’s estate can take many months or years and can involve complex tax, financial and other issues.

In most instances, probating a Will does not involve estate litigation.  The typical situation concerns close family members such as a spouse and children all of whom cooperate with each to obtain the appointment of the Executor and the distribution of estate assets.

It should be pointed out that a decedent’s probate estate is different from his gross estate.  The gross estate, which is used for estate tax purposes, includes assets that are held with others as joint tenant or are payable to designated beneficiaries such as life insurance or retirement funds.  These assets that pass by operation of law are not part of the probate proceeding.

There may be occasions when a person’s estate plan indicates that it would be advisable to try and avoid the probate process.  For example, if a person wants to disinherit a distributee such as a child, it is preferable not to subject a Last Will to a possible contest.  In a probate case the decedent’s children must be given Court notice of the probate.  However, no notification is required to distribute assets held in a living trust which does not have to go through probate.  Thus, an estate plan might benefit from a living trust whereby all of the persons assets are transferred to the trust during the person’s lifetime.  These living trusts are revocable and as the trustee, the creator can remain in full control of the trust until death.

Estate Administration Attorney

When a person dies, his or her assets must be collected, managed, and distributed.  Typically an Administrator or Executor needs to be appointed to perform these tasks. An estate administration attorney will represent a client to obtain his or her appointment as Administrator or Executor.

A Utah estate administration attorney knows that it is important at the beginning of an estate administration to obtain as much information concerning the decedent as possible.  Typically I ask a client who is applying to become the estate fiduciary to bring for review all the papers that are available regarding the estate.  These papers include past income tax returns, bank statements, brokerage account reports, bills such as credit card debts and medical bills, mortgage bills, deeds, retirement fund items and life insurance papers.  The preparation of the appropriate forms for the Surrogate’s Court is expedited and made more complete for having all of these items available for review.

The estate attorney typically prepares all of the Court papers for the proposed Executor or Administrator to review and then file them with the Court after they are approved and signed by the client.  This process can be expedited if all of the necessary information is quickly located.  The Surrogate’s Court review of complete and accurate papers can then lead to the probate of a Will or grant an appointment of an administrator in an intestate estate.  In estate cases, the court wants to have an original certified copy of the decedent’s death certificate.  Also, in Probate matters and Intestate Administration filings, there needs to be a petition.  The petition, whether it is a Probate Petition or Petition for Letters of Administration, needs to contain information such as the names and addresses of the decedent’s next of kin. Also, the petition must specify the established value of the property which constitutes the estate. There are additional papers that may be needed.  These can include a Kinship Affidavit or a Bond Affidavit that list the various outstanding debts such as funeral expenses, medical bills and credit card bills.

The estate administration attorney will then continue to represent the Executor or Administrator with respect to such duties as collecting assets and obtaining appraisals as required, filing inventories in a timely manner; paying creditors; filing estate and income tax returns and paying taxes, if any; distributing remaining assets to beneficiaries and finally closing the estate by filing a final account.  Many of these tasks require that the estate attorney provide third parties with documents and authorizations properly signed by the fiduciary as well as certified copies of Letters of Testamentary and Letters of Administration.

Additional services that the estate fiduciary can benefit from is assistance with obtaining a proper tax identification number and opening an estate bank account for the deposit of estate assets.

Free Consultation with an Estate Lawyer

If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Saturday, 27 January 2018

How Bankruptcy Works

How Bankruptcy Works

You may have heard about the changes to the bankruptcy code. These can affect anyone considering filing for bankruptcy. It’s important to be well-informed and educated on the process, how it works, who is eligible and what the implications for filing bankruptcy are. That’s why you should always have a bankruptcy lawyer help you through the process. The new national bankruptcy law is now in effect; it changed the way that bankruptcy cases are filed, and decided, across the country. This new law brought with it a few extra steps that need to be taken by both debtor and attorney in a bankruptcy case.

Changes in Bankruptcy Documentation

The first thing that changed with this new law was documentation. Now, more documentation is required by the debtor who is filing for bankruptcy. Debtors must offer a more comprehensive overview of their income and expenses. Along with this comprehensive overview, a statement of accuracy document must also be submitted. If the listed expenses exceed the allowance stated by the IRS, another document called a “special circumstances” document must be submitted. Filing takes a few extra steps with all of the new necessary documents, but it shows the debtor’s financial struggles in much more detail, which is often used in their favor.

Required Credit Counseling

People who wish to file for bankruptcy are now required, by law, to meet with a credit counseling agency on two occasions. Debtors must receive counseling from an approved agency both before and after filing their bankruptcy case. Requiring counseling is the easiest way to know that the debtor is well-informed regarding their finances and options. Counseling also offers debtors alternatives to bankruptcy in the event they haven’t been well informed about their options.

The Means Test

With the new law came the “means test,” which determines whether a person is eligible to file for Chapter 7 bankruptcy. Before the new law, a debtor could choose whether he or she wanted to for a Chapter 7 or Chapter 13 case. There are now a series of requirements and calculations that determine what Chapter the debtor falls under. To qualify for Chapter 7 bankruptcy, a debtor must fit a the requirements after assessment of family size, household income, expenses and even inflation.

While these changes have made filing for bankruptcy a little more complex, an experienced bankruptcy lawyer can help you understand your options and how the bankruptcy process worked. Bankruptcy is still an incredible solution for relieving debts, but the assistance of an attorney is more helpful than ever.

The Role of a Trustee in a Bankruptcy Case

Ok, you are getting a fresh start on your financial situation and have filed for bankruptcy. One of the major players that you are going to be interacting with is a bankruptcy trustee. A bankruptcy trustee is a lawyer assigned to oversee your bankruptcy case. Their role in the case differs as to whether your bankruptcy case is Chapter 7 or Chapter 13.

Chapter 7 Trustees

In a Chapter 7 liquidation case, a trustee is selected at random from a panel of lawyers. Their main goal is to sell property and distribute the proceeds to creditors. In this process, a trustee sits down with the debtor during a “341 meeting” and asks them questions about their assets and financial affairs. From there, trustees review bankruptcy documents and is entitled to ask questions to find out if any nonexempt property, assets, or items that can be seized by the trustee and sold to satisfy debts.

Chapter 13 Trustees

In a Chapter 13 reorganization, a trustee’s role differs somewhat from a Chapter 7 bankruptcy trustee. A debtor still meets with a trustee in a 341 meeting and is asked about assets and financial affairs, however the trustee cannot take any of their property or assets. Instead, they assess the bankruptcy plan to see if it fits technical requirements and if it seems like it has a reasonable chance of success in repayment. Additionally, many trustees in Chapter 13 offer financial counseling and management.  The Chapter 13 Trustee is also in charge of distributing payments from the debtor to qualified creditors.  The trustee will sometimes refuse to pay creditors if they cannot prove that debts are owed them.

It is important to to remember a couple things about a bankruptcy trustee in order for a case to run smoothly and carefully. First of all, they aren’t your enemy who is seeking to suck you dry of all of your money and picking through your possessions to sell them off. An fact, most are quite reasonable people who are simply trying to do their job. In relating to a trustee, a debtor first of all needs to be honest. That includes an accurate listing of your assets because inaccurate disclosure can lead to criminal prosecution and a loss of discharge.

Trustees are not the only aspect of a bankruptcy case it is important to be informed about. If you are seriously considering bankruptcy and you live in Utah, Salt Lake, Park City, Orem or Provo, you need to consult with an attorney who understands Draper Utah bankruptcy laws. Not all bankruptcy attorneys are the same. While the process appears complicated, a Herriman Utah bankruptcy lawyer will be able to help you understand your options and avoid making bad decisions that you could later regret.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We will help you. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Friday, 26 January 2018

Child Support Payments

Child Support Payments

Numerous factors are taken into consideration by Utah family law courts when determining the terms of child support agreements. No matter if you have physical custody of your child or not, it can be incredibly helpful to be familiar with the major components used to establish the appropriate amount of child support owed in most cases. As a child support lawyer, there are many different situation to consider. The next best step is always to call us to discuss your specific circumstances.

HOW ARE CHILD SUPPORT PAYMENTS DETERMINED?

Child support payments are intended to provide for the care and financial needs of minors. Consequently, Money Crashers explains that the lifestyle and living conditions of the child prior to his or her parents’ separation are often taken into account when calculating child support payments. If you are the child’s non-custodial parent, therefore, you may be obligated to help maintain the standard of living that your child enjoyed before your divorce. Similarly, the court will also consider any and all needs specific to your child. For instance, your child could require additional financial support if he or she has a mental or physical disability.

In addition to considering the needs of your child, the family law judge may also factor in the income of both you and your child’s other parent, as well as other available resources. You, as the custodial parent, may earn more money and/or have a higher net worth then your child’s other parent. As a result, he or she may be required to pay less child support. On the other hand, your child’s non-custodial parent could be obligated to pay more child support if the court determines that he or she maintains a suitable income.

Of course, the factors that play a role in determining child support can vary significantly from case to case. It is important to keep in mind, then, that the information provided above is not legal counsel.

GRANDPARENTS AND CHILD VISITATION

If you are a grandparent, you may have all sorts of concerns related to your grandchild, such as how they are performing in school. However, it can be particularly upsetting if you are unable to spend time with them, which may occur for different reasons. If you are going through this and reside in Salt Lake City, you may wish to familiarize yourself with grandparents’ rights and the laws in Utah.

Depending on the nature of your situation, you may be able to obtain visitation rights as a grandarent. However, remember that courts will take a child’s best interests into consideration before deciding whether or not a maternal or paternal grandparent should have visitation rights. If you are a grandparent who is pursuing visitation rights, it is vital for you to understand some of the factors that courts will assess when determining whether visitation will serve the best interests of your grandchild.

Whether you are concerned that your relationship with your grandson or granddaughter will be negatively impacted by not spending enough time with them or you have emotional pain and miss them, it is essential for you to recognize your rights as a grandparent. When working through any family law issues, you should always try to work towards end results that will serve the best interests of children.

If you are struggling with this aspect of family law, or other legal matters that can have a significant impact on the lives of children and entire families, it is crucial to remain optimistic.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Myths About Bankruptcy

I’ve heard many myths about bankruptcy because I’m a bankruptcy lawyer. Myths about bankruptcy are common because the bankruptcy code is complex and not clearly understood by many people or even attorneys. And to make matters worse, creditors have no incentive to tell the truth, the whole truth and nothing but the truth – especially when it comes to the awesome power of bankruptcy. It’s time these myths were busted:

Myth 1: I won’t qualify.

Nothing could further from the truth. If you’re struggling to make ends meet and pay your bills, you most likely qualify – at least unless you’ve filed bankruptcy in the past couple of years (and even then you may have options).

Myth 2: Everyone will know I filed.

It’s true that bankruptcy records are a matter of public record, but unless you’re a celebrity, news outlets have no incentive to share your information. Thousands of people file bankruptcy every day. So unless your friends and family make a habit of reviewing local bankruptcy filings on a daily basis, it’s likely that the only people that will ever know are your attorney, court officials, creditors, individuals or institutions that review your credit report and anyone else you decided to tell.

 

Myth 3: I’ll lose everything.

This is probably the most common of all myths that surrounds bankruptcy. But also one of the most incorrect. In fact, Both Chapter 13 and Chapter 7 bankruptcy laws have “exemptions” that let you keep many or all of your possessions. This is especially true in Chapter 13 which is even more flexible. If you wish to retain any property secured with a loan, you can continue paying your debts as long as the asset fits within your exemptions. The exemptions cover a long list of assets – primary residence, rental property, land, vehicles, household goods, pieces of furniture, jewelry, pets, tools, machinery, benefits, life insurance claims, personal injury, worker’s compensation, retirement plans and much more.

Myths About Bankruptcy

Myth 4: I will never be able to own anything again.

You can own anything and everything you can afford even after you have filed for bankruptcy. After all, the laws allow you to hold on to your precious possessions and your monetary assets. And there is no restriction on you to go ahead and earn as much as you can or invest in a profitable venture.

 

Myth 5: Bankruptcy will ruin my credit.

Bankruptcy is reported on your credit report for the next 10 years – true. But this does not ruin your creditworthiness. In fact, most of our clients have better credit a single year after filing their case than they did before! This is relatively easy – when you file for bankruptcy, you are cleared of all your debts. This means you can save more and pay your bills on time. And of equal importance, when you file for bankruptcy, your debt to income ratio levels out! Yes, you actually endear yourself to lender who see you as debt-free and thus ideal to lend money to. That’s right – it’s likely that you may actually increase your chances of receiving credit after you file for bankruptcy.

 

Myth 6: Bankruptcy doesn’t wipe out taxes.

Bankruptcy can’t wipe away all taxes all the time, but there are a series of rules that can be applied to judge whether or not this is possible. Generally speaking, income or sales taxes that are more than three years old can be waived, but the rules are complex so it’s best to speak with a local bankruptcy attorney to discuss your options.

 

Myth 7: Bankruptcy can’t stop legal action once it starts.

False! Bankruptcy has a provision called the automatic stay. This is one of the most powerful elements of filing bankruptcy. It instantly halts all collection efforts on most types of lawsuits, including phone calls from creditors, lawsuits, garnishments, repossessions and even foreclosure. This protection lasts for the duration of your case, and usually becomes permanent on the related debts once your case is finalized.

Myth 8: My spouse will have to file bankruptcy too.

There is NO law that dictates that a married couple must file together. However, if partners have signed (and are thus liable) for unmanageable debts, then it may be sensible for them to file together. Otherwise, co-signed loans will still affect the individual that does not file for bankruptcy. When a couple does decide to file together, this is called a joint filing – a single case rather than two separate cases, which can save money on attorney and court fees.

 

Myth 9: Filing bankruptcy is stressful.

While filing for bankruptcy can be intimidating, once you are armed with the facts, it can offer overwhelming peace of mind. Bankruptcy gives you a chance to shrug off debts and rebuild your credit—pay your bills on time, save money, and thus lessen the amount of stress that you and your family have to endure. Being behind on bills causes the most stress and even puts a strain on marital relations. Bankruptcy is the solution, not the problem.

 

Myth 10: I can only file for bankruptcy once.

Not true! Depending on your situation (the chapter and outcome of the previous case) you can re-file for bankruptcy anywhere between immediately and up to 8 years.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Thursday, 25 January 2018

Out of State Child Support

Out of State Child Support

If you are a child’s custodial parent, you may have a number of concerns, from parenting plans to financial matters such as covering the cost of medical care or school supplies. As a result, it is essential to address any legal issues pertaining to your child properly, especially those involving child support. If you live in Salt Lake City, you should familiarize yourself with the laws in Utah to make sure you receive support that you are entitled to. A good child support lawyer will help you along your way.

CAN I RECEIVE CHILD SUPPORT FROM AN OUT-OF-STATE PARENT?

According to the Office of Recovery Services’ site, you are able to collect child support from an out-of-state parent under Utah law. If the other parent of your child lives elsewhere, the ORS will ask the state they reside in to collect child support or give the employer of the parent a notice regarding the withholding of his or her wages. Although the laws are different from one state to the next, federal laws concerning child support apply to all states. After the other state takes over, the ORS will not have control over the child support case.

If you are supposed to be receiving child support or are unsure of whether or not you are entitled to support, you should closely evaluate your situation. After all, raising children can be incredibly challenging and parents should not have to struggle with child support matters.

CHILDREN OF DIVORCE NEED PARENTAL ATTENTION

Time is one of our most precious resources. Few people consider that they have enough time. For children of divorced families, they may say the same thing in relation to the amount of time they get to spend with each of their parents. Visitation plans and child custody agreements are emotional topics and hard for everyone involved. But there are ways that the situation can be made better.

An article recently published focuses on the importance of divorced parents spending maximum quality time with their children—without the interruption of technology. Considering the best interests of the child, a parent should instead focus their attention on the child when they are together, not the phone as much as is logically possible. It is through this type of undivided attention that children learn to bond and develop relationships.

Children who see only one parent at a time, whether mandated by a joint custody, sole custody with visitation rights or some other agreement, already have less time with each parent than their counterparts living with their biological married parents. If relocation is an issue, the child may see one parent even more rarely. The article urges more parents to curtail the use of cell phones during the already limited time they get to spend with their children.

The ability to provide the best for children can be something worth discussing with an attorney if you are going through a divorce. The ability to provide quality time and attention can be good for both parent and child and a family law attorney may be able to provide guidance on that.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Military Divorce Attorney

When оnе spouse iѕ in the military (or when both аrе), divorce gеtѕ a bit mоrе complicated. When things are complex, you need to have a divorce lawyer help you out. There are different rules about where to file the divorce, how to calculated child support, what alimony looks like, how custody of children is determined, and dealing with pensions and post-filing divorce health insurance issues, etc can be different when one or both spouses are in the military. Service member spouses and civilian spouses alike should take the time to learn about the special issues involved in military divorce and call Ascent Law for a free consultation.

Military Divorce Attorney

Whilе military divоrсеѕ аrе nо mоrе соmрliсаtеd thаn сiviliаn divоrсеѕ, thеrе аrе ѕресiаl rulеѕ аnd requirements thаt аррlу to Utаh. Sеrviсе members and thеir ѕроuѕеѕ whеn thеу divоrсе. Thеѕе diffеrеnсеѕ mау affect mаttеrѕ оf compliance, service оf рrосеѕѕ, rеѕidеnсу оr filing rеԛuirеmеntѕ, аnd diviѕiоn оf militаrу реnѕiоnѕ.

Bеlоw is аn оvеrviеw of militаrу divоrсе lаwѕ affecting in Utаh. service men аnd wоmеn whо аrе contemplating оr getting a divоrсе.

Military Divorce Laws

Military divоrсе iѕ governed by Utah lаwѕ. Fоr example, Utаh lаwѕ mау effect where divоrсing couples еnd uр in соurt or hоw militаrу реnѕiоnѕ аrе dividеd, whereas ѕtаtе laws mау аffесt how аlimоnу аnd ѕроuѕаl ѕuрроrt may bе iѕѕuеd.

Jurisdiction

Before a court in Utah can grant a divorce to military members or spouses, it must have jurisdiction or the authority to hear the case. For civilians, jurisdiction is generally the place where the person lives. However, for military personnel, jurisdiction may be the place where the person holds legal residence, even if the service member is stationed somewhere else.

It is wоrth noting thаt military members hаvе legal timing рrоtесtiоn from divоrсе proceedings that аrе nоt еѕtаbliѕhеd for сiviliаnѕ. Undеr thе Sеrviсе Members Civil Rеliеf Aсt militаrу mеmbеrѕ are protected from lawsuits inсluding divоrсе рrосееdingѕ ѕо thеу саn “dеvоtе their еntirе еnеrgу to thе defense nееdѕ оf thе Nаtiоn.” A соurt саn dеlау legal рrосееdingѕ fоr the timе thаt thе service member is оn асtivе dutу аnd for uр tо 60 days following active duty.

Rеѕidеnсу and Filing Requirements

Utаh Stаtеѕ will often reduce оr еliminаtе thе rеѕidеnсу rеԛuirеmеnt in militаrу divorces. For еxаmрlе, will allow militаrу mеmbеrѕ оr spouses tо file the fоr divorce in the Utah ѕtаtе whеrе thе militаrу mеmbеr iѕ ѕtаtiоnеd, despite whеthеr thе military mеmbеr or ѕроuѕе actual rеѕidеntѕ.

Military Pеnѕiоnѕ and Benefits

Likе сiviliаn rеtirеmеnt bеnеfitѕ, militаrу реnѕiоnѕ аrе ѕubjесt to diviѕiоn between spouses in the еvеnt оf divorce. Under thе Unifоrmеd Sеrviсеѕ Fоrmеr Spouses’ Protection Aсt (USFSPA), Utаh ѕtаtе соurtѕ may treat militаrу rеtirеmеnt рау as еithеr ѕоlе оr community рrореrtу dереnding оn thе state. Whilе thе USFSPA does not рrоvidе a fоrmulа for dividing thе amount оf rеtirеd рау, the аmоunt iѕ generally determined аnd аwаrdеd under the ѕресifiс ѕtаtе laws.

Further, рауmеnt of the fоrmеr spouse’s ѕhаrе of militаrу retirement iѕ раid dirесtlу by the Defense Finance аnd Aссоunting Service (DFAS) to the former spouse if thеrе was at lеаѕt 10 years оf mаrriаgе that оvеrlарреd with 10 years of militаrу ѕеrviсе (knоwn аѕ the ten-year rulе).

Rеgаrdlеѕѕ оf thе lеngth оf mаrriаgе, hоwеvеr, a court mау ѕtill authorize dirесt рауmеnt tо a militаrу ѕроuѕе whо hаѕ been married fоr lеѕѕ than 10 уеаrѕ аѕ аn оffѕеt, except payment wоuld соmе frоm thе retiring ѕроuѕе rather thаn from thе DFAS.

In addition tо реnѕiоn bеnеfitѕ, ѕроuѕеѕ оf former militаrу personnel аrе аlѕо eligible fоr full mеdiсаl, commissary аnd еxсhаngе privileges when:

 

  • The couple wаѕ married fоr 20 years оr mоrе
  • The ѕеrviсе mеmbеr hаѕ реrfоrmеd аt least 20 years оf сrеditаblе service tоwаrd retirement рау
  • Thеrе wаѕ at lеаѕt a 20 уеаr оvеrlар of mаrriаgе аnd militаrу ѕеrviсе
  • Sроuѕаl аnd Child Suрроrt
  • The militаrу has ѕресiаl rulеѕ concerning spousal mаintеnаnсе (аlimоnу) and сhild ѕuрроrt. Thеѕе rulеѕ аrе designed tо ensure a ѕеrviсе mеmbеr’ѕ family support оbligаtiоnѕ bеуоnd a divоrсе оr ѕераrаtiоn.

 

Unique Iѕѕuеѕ in Militаrу Divоrсе

Understanding hоw Utah ѕtаtе lаw works together to mаkе militаrу divorce unique will hеlр рrераrе you fоr the divоrсе рrосеѕѕ. Thеѕе аrtiсlеѕ hаvе bееn prepared bу Divоrсе Lаwуеrѕ Fоr Mеn tо help you:

 

  • Juriѕdiсtiоn аnd Utаh State Lаw
  • Sеrviсе Members Civil Relief Aсt (SCRA)
  • Child Cuѕtоdу in Militаrу Divоrсе
  • Rеtirеmеnt аnd Diѕаbilitу Benefits
  • Financial Support
  • Survivоr Benefits Plаn
  • Dоmеѕtiс Viоlеnсе and thе Military
  • Military Divorce Rеfеrеnсеѕ

Free Consultation with Military Divorce Lawyer in Utah

We are dedicated tо helping members оf the “military fаmilу” find the right lаwуеr. If you have a question about military divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Wednesday, 24 January 2018

Limited Partnerships

Limited Partnerships

A Limited Partnership (“LP”) is comprised of one or more general partners and one or more limited partners.  LPs are creatures of statute – you must file a form with the state to bring one into being.  A LP exists apart from its creators as a distinct legal entity.  This means it can sue, be sued, and own property on its own.  General partners are in charge of daily operations and are still personally liable for the company’s obligations and debts.  The limited partners invest capital in the company and share in the profits, but take no part in the daily operations.  If you are considering forming a limited partnership (LP) or a limited liability company (LLC) you should speak with a Business Lawyer to make sure it is properly formed and managed. A LP protects limited partners from personal liability; liability is restricted to the amount of capital the limited partner has decided to invest.  LPs distribute funds among different shareholders as “dividends”. If the business or company is set up incorrectly, you could have personal liability for doing it wrong.

Benefits of a Limited Partnership

  • Tax benefits are a big perk for this particular business structure. A LP pays no federal income taxes; instead, partners report their share of the profits and losses on their individual federal income tax returns.
  • The LP files an information return with the IRS noting each partner’s share of the year’s profit or loss.  LPs also provide numerous tax deductions to employees.
  • Even a one-person LP can take health insurance and entertainment deductions, and the general partner is allowed to deduct pension plan and 401(k) expenses.
  • LPs also provide attractive liability protection for limited partners.  When a limited partner is sued, the assets inside of the LP are protected from seizure.
  • It is also easier to attract outside financing, as investors are easier to come by when they can be shielded by becoming a limited partner.  Forming a LP also provides an initial legal framework while promoting credibility and anonymity.

Detriments of a Limited Partnership

  • In LPs, the general partner(s) take on the dirty details of business management and assume personal liability for the obligations and debts of the company.
  • As a separate legal entity, there is some paperwork required for start-up.
  • There are also corporate formalities that must be adhered to throughout the life of the LP. LPs must also plan for their duration — otherwise the partnership dissolves when a general partner leaves, dies, or succumbs to bankruptcy.

Limited Liability Company

A Limited Liability Company (“LLC”) is a business structure that can vary from state to state.  In Utah, a LLC is created by completing and filing “Articles of Organization” with the Utah Secretary of State. A LLC allows for an unlimited number of owners, or “members,” and “managing members”, all of which are protected by limited liability. The managing member is usually the mouth piece or nominal head.  As an LLC member, you can contribute capital and assets to the LLC or loan the LLC money.  You can then obtain repayment for your loan (plus interest), a distribution of profit, or a guaranteed payment from the LLC. “Guaranteed payment” is considered members’ earned income, qualifying them for the benefits of tax-favored “fringe benefits.”  A Utah LLC is a “pass through” tax entity. This means that the company’s profits and losses are passed on to the owners who must report it on their personal tax filings (IRS form 1040); LLCs do not pay taxes on a company level.  The LLC files a form 1065, listing each member’s taxable profit on IRS form k-1.  Members of an LLC can elect to have their LLC taxed as either a C corporation, or, by timely filing the 2553 form, as an S Corporation.

Benefits of an LLC

  • An LLC allows for an unlimited number of members and provides for the special allocation of profits. This means members benefit from receiving profits (and writing off losses) in excess of their individual ownership percentage.
  • As a member, you will also enjoy limited liability, so your personal assets cannot be used to satisfy the LLC’s debts.
  • The managing members are also considered “active” managers of the business, so their share of net profit is earned income – qualifying them for tax-favored “fringe benefit” treatment.
  • There can also be tremendous benefit because of the flexibility by which the LLC can be taxed.
  • Finally, if any member of the LLC dies, the LLC can still survive — subject to a unanimous vote by all surviving members to continue the business.

Detriments of an LLC

  • Each LLC member’s pro-rata share of profits is taxable income, regardless of whether or not the profits are actually distributed to him/her.
  • The managing member’s share of the bottom-line profit is considered earned income and subject to self-employment tax.
  • A member is considered an “inactive owner”, so their share of bottom-line profit is not considered earned income and cannot be used to obtain tax-favored “fringe benefit” treatment.

Free Consultation with a Limited Partnership Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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