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 […]
What Happens If I don’t List a Creditor?
In an ideal bankruptcy case, all the creditors are listed thereby maximizing the debts that are discharged. But, oftentimes the debtor hasn’t received a bill from a hospital or other creditor and the debt is not being reported to a credit bureau, so the debtor is unaware. Will the debt be discharged or will the […]
Weekes Law’s Affordable Bankruptcy Program upheld By Utah Bankruptcy Court
Weekes Law’s Affordable Bankruptcy Program was attacked by the United States Trustee for Region 19, in the District of Utah and by a competing law firm. The opposing parties argued that Capstone’s Affordable Bankruptcy Program violated various bankruptcy rules arising from, inter alia, “(1) the marketing of Zero-Down Chapter 7 bankruptcy services; (2) the bifurcation of bankruptcy […]
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 […]
Utah Bankruptcy Terms
Learn Important Utah Personal Bankruptcy Information (Definitions) The following are common Utah bankruptcy terms used on this site regarding personal bankruptcy: Creditor The business or individual that is owed money by a debtor. Debtor Or Debtors The business or individual that owes money to the creditor. Automatic Stay This injunction stops the creditor from attempting […]
Process To File Bankruptcy In Utah: Chapter 7
Process To File Bankruptcy In Utah Step 1 – Making the Decision to File for Chapter 7 The first step in the process to file bankruptcy in Utah is to consult with an experienced bankruptcy lawyer to increase the advantages of filing for bankruptcy. While bankruptcy isn’t the best solution in every situation, when […]
File Bankruptcy Online in Utah
File Bankruptcy Online in Utah Simply and Conveniently We know that the issues causing you to consider bankruptcy are very difficult and stressful. That’s why we’ve developed a system that makes the process as simple and convenient as possible. You’ll notice the difference with our convenient fully complete online process, you can receive the help […]
Utah Bankruptcy Myths
Get Accurate Utah Bankruptcy Information Utah Debunking Bankruptcy Myths There are many misconceptions circulating about bankruptcy information that affect a person’s decision on whether they should declare bankruptcy. When considering bankruptcy, it is best to get accurate information on bankruptcy from a professional who has the legal expertise to answer all of your questions. We […]
Personal Bankruptcy Information in Utah
Utah Personal Bankruptcy Information (Definitions) Learn about Important… The following are common terms used on this site regarding personal bankruptcy information in Utah: Assets Any property that a business or individual owns. Automatic Stay This injunction stops the creditor from attempting to collect from the debtor. An automatic stay takes effect immediately after the debtor […]
Utah Bankruptcy Means Test
What Is the Bankruptcy Means Test? Utah Means test for Chapter 7 Bankruptcy The Utah Bankruptcy Means Test is an income test to determine if the debtor or debtors qualify to file chapter 7 bankruptcy.To determine whether a debtor is not abusing the bankruptcy system, the debtor must meet the Utah chapter 7 bankruptcy means […]
Utah Bankruptcy Exemptions
Importance of Utah Bankruptcy Exemptions When you file bankruptcy under Utah bankruptcy laws, you want to ensure that you keep all or as many of your assets as possible. Utah bankruptcy exemptions protect certain property that cannot be taken in bankruptcy. The assets that you get to keep under are called exempt property. Non-exempt assets are […]
Bankruptcy FAQs
Bankruptcy Frequently Asked Questions A decision to file for bankruptcy should only be made after determining that bankruptcy is the best way to deal with your financial problems. This article provides an overview of commonly asked questions, but it simply can not explain every aspect of the bankruptcy process. If you still have questions after reading it, […]
Life After Bankruptcy in Utah
Life After Bankruptcy In Utah Will I Be Able To Get A Loan After Bankruptcy In Utah? What is Life after bankruptcy in Utah like? One of the most common questions when contemplating whether to file bankruptcy is: will I be successful in getting a loan after bankruptcy? This is particularly true if you desire […]
Use Tax Refund to pay for Bankruptcy
Every year around tax season our clients ask us how bankruptcy will impact the tax refund they are expecting. Some of the questions posed include: Can I spend my tax refund before filing? Can I use my tax refund to pay for the costs of bankruptcy? Should I file bankruptcy before receiving my tax refund? […]
What To Expect At Your 341 Meeting
341 Meeting Instructions Your section 341 meeting of creditors is approaching, so to help ensure a smooth meeting this video will provide you with instructions relating to that meeting. We’ll cover several things: first, who’s involved; second, what to wear; third, what to bring with you; fourth, how the meeting is conducted; and fifth, what […]
Rental Property in Bankruptcy
What Happens to Rental Property in Bankruptcy One of the most important concerns many of our clients have is how bankruptcy will impact their lease on an apartment of home. This concern arises in one of two scenarios: (1) the client-debtor has arrearages and is filing bankruptcy, at least in part, to avoid paying the […]
Buy A Home After Bankruptcy
When Can I Buy A Home After Bankruptcy and Foreclosure? I was speaking with a friend the other day who about a year ago short sold a home following a job loss and related struggles. She had a short-sale and wanted to know when she could buy a home after bankruptcy and foreclosure or a […]
My Property in Bankruptcy
One of most frequently asked questions I get asked is whether the debtor will lose all their property if they file for bankruptcy. It makes sense that so many people are confused as to how bankruptcy affects their property. After all, there are numerous sites on the internet that are written by the ill-informed or […]
Filing Bankruptcy In Utah – Do I qualify for Bankruptcy?
Filing Bankruptcy in Utah Do I qualify for Bankruptcy? The question is not whether you “qualify” for filing bankruptcy in Utah. Instead, the question is “Do I need to file for bankruptcy” or “Should I file for Bankruptcy”? Everyone qualifies for bankruptcy (Chapter 7, Chapter 11, Chapter 13, etc.), but not everyone needs to file. […]
Why Is Bankruptcy A Constitutional Principle?
Ever wondered why is bankruptcy a Constitutional Principle? The United States constitution has only 4,400 words. It is the oldest and shortest written Constitution of any major government in the world. Article 1, Section 8 of the constitution grants Congress the power “To establish…uniform Laws on the subject of Bankruptcies throughout the United States.” The […]
What Happens After You File Chapter 13?
Once a chapter 13 bankruptcy case is filed, the automatic stay prevents creditors from legally foreclosing, garnishing, repossessing or collecting against the debtor or any individual joint debtors. As part of the chapter 13 filing, the debtor proposes a chapter 13 plan (“Plan”) to reorganize their finances. The Plan will contain provisions to deal with […]
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”.
Preventing Foreclsoure
Will Filing Bankruptcy Stop Foreclosure Your lender has started foreclosure. What should you do? What are your options? Will bankruptcy stop foreclosure? How can I bring my mortgage current? These are common questions facing those who find themselves in foreclosure. This article answers these questions and outlines some options.
Increases to Utah Bankruptcy Exemptions
Keep More Property in Bankruptcy The Utah legislature amended the Utah bankruptcy exemptions in 2013. Bankruptcy exemptions are the laws that protect property from liquidation in bankruptcy. Since Utah has opted out of the federal bankruptcy exemptions, the Utah amendments means that bankruptcy filers can now keep more property when filing in Utah. The new […]
Can I File Bankruptcy Without My Spouse?
Frequently clients need to file for bankruptcy, but want to do so without his or her spouse being affected. That raises the questions: Can a married person file bankruptcy alone? How is the non-filing spouse impacted when their spouse files bankruptcy alone?
Is Bankruptcy Dishonest or Unethical?
One of the most common concerns or misconceptions that clients express in one form or another is an insecurity that if they file bankruptcy that makes them somehow unethical or dishonest. While there may be a small minority of people who intentionally abuse the bankruptcy system, it is my overwhelming experience that people filing bankruptcy […]
What is Chapter 13 “Cram-down”?
Chapter 13 bankruptcy in Utah County is a consolidation of debt and a partial repayment over a period of three to five years, based on the debtor’s ability to pay. Sections 1322 and 506 of the bankruptcy code permits bankruptcy courts to reduce the balance or “cram-down” unsecured debt. This essentially converts property that is […]
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 […]
Should I Sign A Reaffirmation Agreement?
Filing for bankruptcy can be a challenging and stressful process. One of the decisions you might face during a Chapter 7 bankruptcy is whether to sign a reaffirmation agreement. This agreement can have significant implications on your financial future. Here’s why you should carefully consider the consequences before signing. What is a Reaffirmation Agreement A […]
Will I Lose All My Property If I File Bankruptcy?
Naturally, one of the most frequently posed questions by our prospective Salt Lake bankruptcy clients is: Will I lose all of my property if I file for bankruptcy? The simple answer is a resounding NO!
What Should I expect in My Chapter 7 Bankruptcy?
So you’ve decided that you need to file a Utah chapter 7 bankruptcy and you’re wondering: What Should I Expect in my Chapter 7 Bankruptcy? Here’s an overview to answer that question. When Will I Go To Court? You won’t, unless something really unusual happens in your case. Most Utah chapter 7 bankruptcies never have […]
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 […]
Stop the Student Loan Debt Bomb with A Bankruptcy Amendment
All Americans have felt the worst economic downturn in American history, since the Great Depression. The affects and repercussions are still being diagnosed, assessed and measured. The damage induced by the Wall Street housing bubble is far more widespread than a weak housing market, negative equity, or high unemployment rates.
Can I Discharge Federal or State Taxes in Bankruptcy?
“I heard that I can discharge my tax debt, is that true?” The preceding question is one that is frequently posed in our Utah bankruptcy practice. Federal and State income taxes may be eligible for discharge under Chapter 7 or Chapter 13 of the bankruptcy code under certain circumstances. Chapter 7 bankruptcy provides for a […]
Dealing with Mortgage or Home Foreclosure
Are You Dealing With a Mortgage or Home Foreclosure? I have just received noticed that my lender is beginning foreclosure of my home. What should I do? What are my options? In the current economic downturn and foreclosure crises, the preceding scenario is all too common. Realize that if you find yourself in this situation […]
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 […]
Loan Modification or Chapter 13 Cram-down?
In 2009 Congress enacted the Helping Families Save Their Homes Act of 2009, which among other things requires federally insured lenders to engage in loss mitigation actions for the purpose of providing an alternative to foreclosure, including forbearance, loan modification, and deeds in lieu of foreclosure. Perhaps the most popular among these initiatives is loan […]
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 […]