Why MCA Funders Need Utah MCA Collections Attorney-Before Account Defaults
By Russ Weekes | Weekes Law, LLC | Utah-Licensed (USB 10214) By the time a Utah merchant stops paying, it’s usually too late to be looking for collection counsel. That’s the reality most MCA funders discover the hard way. The ACH transfers stop. The merchant goes quiet. Someone opens a browser tab and starts searching […]
What to Expect During a Divorce Mediation in Utah
Divorce is never easy, but for many couples in Utah, mediation offers a more peaceful, efficient, and cost-effective path to resolution. In fact, most divorce cases in Utah are resolved during mediation rather than through a lengthy and expensive trial. If you’re considering divorce or have already filed, understanding what happens during mediation can help […]
Understanding the Ramifications of Sole Physical Custody in Utah
Understanding the Ramifications of Sole Physical Custody in Utah In Utah, custody arrangements are made with the child’s best interests as the primary focus. When a parent is awarded sole physical custody, it means the child resides primarily with that parent, while the other parent usually has rights to visitation (or parent-time). This arrangement has […]
Default Parent Plan: A Foundation for Co-Parenting After Divorce
When navigating divorce with children, having a clear and fair parenting plan is essential. Below is a sample “Default Parent Plan,” designed to address key areas of co-parenting and ensure the best interests of the child are upheld. 1. Communication 2. Education 3. Records Access Both parents are entitled to access educational, childcare, and healthcare […]
How to Calculate Your Average Monthly Income for a Utah Divorce Case
In Utah divorce cases, knowing your average monthly income is essential, as it impacts decisions around child support, alimony, and division of financial responsibilities. Here’s a customized guide for calculating your average monthly income specifically for Utah divorce proceedings. Step 1: Identify All Sources of Income Utah courts consider a broad range of income sources […]
Top 10 Reasons Utah Business Owners Need Estate Planning
Top 10 Reasons Utah Business Owners Need Estate Planning Estate planning is crucial for everyone, but for business owners in Utah, it’s especially important to ensure the protection and continuity of their business. Without a properly planned estate, your business could face unnecessary legal hurdles, tax issues, or even dissolution upon your death or incapacity. […]
The Responsibilities and Duties of a Trustee:
How to Select the Right Trustee for Your Living Trust A living trust is a powerful estate planning tool that allows you to manage your assets during your lifetime and ensures they are distributed according to your wishes after your death. One of the most critical decisions in establishing a living trust is selecting the […]
Statutory Parent-time Options in Utah
In Utah, there are three statutory parent-time (also known as visitation) options designed to accommodate different family situations and needs during and after a divorce. These options are outlined in Utah Code § 81-3-302 (Minimum Parent-Time Schedule), § 81-3-303 (Optimal Parent-Time for Parents Residing within 150 Miles apart), and § 81-3-305 (Optional Schedule for Children […]
Understanding Marital Debts in Utah
In the context of a divorce, determining which debts are considered marital debts is crucial as it influences the division of liabilities between spouses. In Utah, marital debts are generally defined as those incurred by either spouse during the course of the marriage, regardless of whose name is on the debt. These debts are presumed […]
Understanding Child Custody in Utah: A Comprehensive Guide
Navigating child custody during a divorce or separation can be one of the most challenging and emotional aspects for parents. In Utah, child custody laws are designed to prioritize the best interests of the child while ensuring fair and equitable arrangements for both parents. This blog post aims to provide a comprehensive guide to understanding […]
The Pitfalls of Joint Ownership
Joint property, also known as joint tenancy, is nothing but an estate planning pitfall. Although joint tenancy has been assailed for years by many estate planning experts, it remains- unfortunately-a very popular form of property ownership. Joint tenancy is a pitfall because you cannot control where such property passes after your death. In joint tenancy, […]
Probate, What Is It and How To Avoid It
You may have heard that probate is somehow bad and that you should avoid it, but you aren’t sure why or how to avoid it. This article provides an overview of probate, the reasons many people want to avoid it, and ways to avoid probate. Probate is the legal process of validating a will and […]
What Is a Section 341 Meeting of Creditors?
Many of our clients are initially somewhat concerned about the meeting of creditors. The meeting of creditors need not cause substantial concern. Frequently after the meeting our clients will comment that “it wasn’t as bad as I thought”.
What Are The Different Chapters of Bankruptcy?
Most people are unaware that there are four chapters of bankruptcy that a person can file. What are the different chapters of bankruptcy? We will provide an overview of the different chapters of bankruptcy. There are four primary chapters in bankruptcy–chapter 7, chapter 11, chapter 12, and chapter 13. Each chapter is designed to satisfy […]
Divorce and Bankruptcy: Surprising Results
Separation Agreements that are incorporated into a divorce decree (and decrees of divorce themselves) pose difficult and sometimes unexpected results in bankruptcy. Many of the general rules of bankruptcy can be dramatically altered with a separation agreement or divorce decree. This article discusses a few of the problems that divorces and divorce decrees pose in […]
Understanding Your Rights: Tenants Following the Landlord’s Foreclosure
In the wake of the U.S. foreclosure crisis, and as part of the Helping Families Save Their Homes Act of 2009, congress enacted the Protecting Tenants at Foreclosure Act (“PTFA”). This relatively unknown piece of legislation has significant importance to tenants of property that is foreclosed. Legislative history of the PTFA reveals that “for too […]
Most Estate Plans Don’t Work!
It may come to a surprise to most people to hear an estate planning attorney admit that most estate plans don’t work. In our experience, however, that is indeed the sad reality. They “don’t work” because they fail to meet the expectations of planner. That’s to say if the decedent could see what happened to […]
Court Denies Wells Fargo’s Attempt to Invalidate Lease
National lender Wells Fargo, N.A.’s (Wells Fargo) attempt to invalidate a residential lease following the foreclosure of a mortgage covering a Highland property was denied by the Fourth District Court in American Fork, Utah pursuant to the Protecting Tenants in Foreclosure Act of 2009. In 2008, the landlord of the subject property defaulted on his […]
Stop The Decline of Home-Ownership: A Bankruptcy Amendment Needed
Since 2008 the U.S. real estate market has dogged our economic stability. The so-called Great Recession was largely caused by failed exotic mortgages fueled by mortgage-backed securities that created a false value of real estate. Years later, Americans continue to struggle with the resultant negative equity in their homes. Due to foreclosures of many of […]
Adopt the Principal Paydown Plan
Since 2008 the U.S. real estate market has dogged our economic stability. The recession was largely caused by exotic mortgages enabled by mortgage-backed securities creating a false value of real estate. Three years later, Americans continue to struggle with the resultant negative equity in their homes. It is generally understood by experts and laymen that […]