Bankruptcy Lawyer Woods Cross Utah

If you need advice on bankruptcy, contact an experienced Woods Cross Utah Bankruptcy lawyer. The lawyer will explain to you the ABCs of bankruptcy.

Clearly, bankruptcy is a drastic step that is pursued only when other more favorable options are unavailable. A bankruptcy filing is an admission that a company has in some way failed to achieve certain goals. The term business failure is somewhat ambiguous and has different meanings, depending on the context and the users. There are two main forms of business failure: economic failure and financial failure. Each has a very different meaning.

The word bankruptcy actually comes from a combination of two Latin words: bankus, which means bank, and ruptus, which means broken. Some have traced these words to a tradition in Italy in the 1800s, when Italian merchants did business on benches. If one of their businesses failed, their benches would be broken by other merchants as a way of letting the failed business know it was no longer welcome in the area.

For many years bankruptcy in the United States was governed by the Bankruptcy Act of 1978. This law was enhanced in 1984 with the Bankruptcy Amendments and Federal Judgeship Act, which established the jurisdiction of the bankruptcy court as a unit of the district courts. This law was in response to a Supreme Court ruling that challenged the jurisdiction of bankruptcy courts. The 1984 law also made it more difficult to immediately void labor contracts in bankruptcy. This was in response to a Supreme Court ruling in the Wilson Foods case, in which the court decided that companies could abrogate existing labor contracts as soon as they filed for bankruptcy. The revised law, which was passed partly because of labor union pressure, requires that a company try to work out a labor agreement before going to the bankruptcy courts. If the sincerity of the efforts of the parties is an issue, a bankruptcy court will decide whether each party acted in good faith and under compliance with the law.

The Bankruptcy Reform Act of 1994 enhanced the powers of the bankruptcy courts. The act gave these courts the right to issue orders that they deem necessary or appropriate to carry out the provisions of the Bankruptcy Code. In October 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act was focused mainly on personal bankruptcy and causes such as credit card abuse. However, the law did contain some changes affecting Chapter 11 filings. We will discuss the rules that relate to the length of what is known as the exclusivity period later in this chapter. Other changes related to corporate bankruptcy involved limits on retention bonuses paid to management. Managers receiving such bonuses must prove they have a bona fide job offer at or near the retention bonus. Such a bonus cannot be greater than 10 times the average incentives paid to retain nonmanagers.

Another change brought about by the 2005 law is the requirement that the debtor in position has seven months after the filing to accept or reject leases. This is an important requirement for retailers. It forces them to make a long-term commitment even though the full reorganization plan may not be finalized and approved. Still another change brought about by the new law is the requirement that the debtor in position pay in full for all goods it received 20 days prior to bankruptcy. This eliminates some of the benefits of doing a Chapter 11 filing but it also prevent supplies from being cut off for companies that are rumored to be filing Chapter 11. If your business is seeking bankruptcy protection, Chapter 11 may be ideal for you. Speak to an experienced Woods Cross Utah bankruptcy lawyer to know more.

Reorganization vs. Liquidation

The purpose of the reorganization section of the Bankruptcy Code is to allow a reorganization plan to be developed that will allow the company to continue to operate. This plan will contain the changes in the company that its designers believe are necessary to convert it to a profitable entity. If a plan to allow the profitable operation of the business cannot be formulated, the company may have to be liquidated, with its assets sold and the proceeds used to satisfy the company’s liabilities.

Reorganization Process

Although the Chapter 11 process varies somewhat depending on the particular circumstances of the bankruptcy, most Chapter 11 bankruptcies have certain important common characteristics.

Bankruptcy Petition and Filing

The reorganization process starts with the filing of a bankruptcy petition for relief with the bankruptcy court. In the petition, the debtor lists its creditors and security holders.

Standard financial statements, including an income statement and balance sheet, are also included. The court then sets a date when the creditors may file their proofs of claim. The company then attempts to put together a reorganization plan while it continues its operations. Contrary to what a layperson might think, there is no financial test that is performed by the court at this time to determine whether the debtor is truly financially insolvent.

The petition is usually filed in the federal district in which the debtor has its home office. After the petition is filed, a case number is assigned, a court file is opened, and a bankruptcy judge is assigned to the case.

Filing Location

A troubled company can file a bankruptcy petition in one of many regional bankruptcy courts. Unlike the decision of where to incorporate, corporations are supposed to file in a district either where they have their headquarters or where they have a substantial percentage of their operations. Even though bankruptcy laws are federal laws as opposed to state laws, companies can choose to file their cases in specific local venues within the federal court system.

Debtor in Possession

After the bankruptcy filing, the bankrupt company is referred to as the debtor in possession. This is a new legal entity; however, for all practical purposes, it usually is the same company with the same management and the same employees. From the creditors’ point of view, this is one of the problems of the bankruptcy process; that is, the same management that led the company into its financial troubles usually is still running the business while a reorganization plan is being developed.

If the creditors strongly oppose the management of the debtor staying in control of the business, they may petition the court and ask that a trustee and examiner be appointed. If concerns exist about fraudulent actions or incompetence of the debtor’s directors or management, the court may agree. A trustee is charged with overseeing the operations of the company while it is in bankruptcy. An examiner may be appointed to investigate specific issues. If the court denies a request for a trustee, an examiner is usually appointed.

Automatic Stay

When the petition is accepted by the court, an automatic stay is granted. This is one of the main benefits the debtor receives in the Chapter 11 process. During the automatic stay, a halt is placed on any prepetition legal proceedings as well as on the enforcement of any prefiling judgment. Creditors are unable to pursue a lien on the debtor’s assets or to collect money from the debtor. Parties seeking relief from the stay may petition the court and request a hearing. If the creditors can convince the court that the assets that are being used as collateral for obligations due them are not necessary for the continued operation of the company, or the debtor has no equity interest in the assets, they may be able to get relief from the stay.

Time Line in the Reorganization Process

Within 10 days of filing the Chapter 11 bankruptcy petition, the debtor is required to file a schedule of assets and liabilities with the court. This schedule must include the name and address of each creditor. The next important date is the bar date, which is the date when those creditors who have disputed or contingent claims must file a proof of claim. A proof of claim is a written statement that sets forth what is owed by the debtor to the particular creditor. Failure to file by the bar date may result in the forfeiture of the claim. It is automatically assumed, however, that other claimholders have filed a proof of claim.

Use of Secured Creditors’ Collateral

The Chapter 11 process allows for the use of the secured creditors’ collateral by the debtor in possession. Creditors are barred from seizing assets while the stay is in effect. This does not mean that the debtor has free use of the property. The debtor must make some accommodation to the creditors, such as periodic payments (i.e., monthly), for continued use of the assets.

Duties of the Debtor in Possession

After the filing of the petition, the court establishes certain schedules that feature various reporting requirements. For example, the debtor has to file monthly financial statements 15 days after the end of each calendar month. In addition to the court rules as set forth in the federal law, each federal district may have additional reporting requirements.

Stakeholder Committees

The Bankruptcy Code provides for various committees to be formed to represent the interests of different claim holders before the court. The committees are usually composed of the seven largest members of a given class who are interested in serving on the committee. These committees have the power to hire their own attorneys and other professionals to assist them. These expenses of these professionals are paid for by the debtor-in-possession. A committee to represent the interests of unsecured creditors is almost always appointed. Other committees, such as an equity holders committee, may also get formed. The ultimate decision about which committees are formed is made by the Executive Office of the Trustees or the court.

A creditors’ meeting is usually held within 20 to 40 days of the bankruptcy filing. The meeting is called by the U.S. trustee and is usually held at his office. The debtor and its principal officers must be present at this meeting. All creditors may attend this meeting and may ask the debtor specific questions that are of concern to them.

Along with the U.S. trustee, the creditors’ committee monitors the actions of the debtor, ensuring that it does not do anything that would adversely affect the creditors’ interests. The creditors’ committee may retain counsel, accountants, and other financial experts to represent the creditors’ interests during the reorganization process. The fees of professionals are borne by the debtor.

The bigger the bankruptcy, the more likely it is that there may be more committees, such as an equity holders’ committee, or different types of creditors’ committees, such as a bondholders’ committee, representing the various forms of debt that might exist.

Debtor’s Actions and Its Supervision

The debtor may continue to operate the business during the reorganization process. The law requires that the debtor obtain the approval of the bankruptcy court before it takes any extraordinary action that is not part of the normal business operations, such as selling assets or property.
Technically, the supervision of the debtor is the responsibility of the judge and the creditors. They may acquire resources, such as legal and accounting or other financial expert assistance, to help them. Practically, neither the judge nor the creditors usually have the resources or time to closely supervise the debtor. Even if the debtor does something that the creditors do not approve of, the debtor may be able to convince the judge that some actions are necessary for the survival of the company; that is, if the court does not allow the debtor to take these actions, the company may go under. Thus, the judge is put in the difficult position of making this decision with limited information. If the judge rules against the debtor and is wrong, he risks the company’s going out of business and all the duress and employee suffering this might cause. For this reason, the debtor is usually granted significant leeway and will be opposed only when its proposed actions are clearly objectionable.

Woods Cross Utah Bankruptcy Attorney Free Consultation

If you think you need help in a chapter 7, chapter 9, chapter 11, or a chapter 13 bankruptcy in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

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

Ascent Law LLC

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Can A DUI Be Reduced?

DUI is an acronym for operating a motor vehicle while intoxicated, referring to a legal charge for drunken driving. In Utah we call this a DUI or Driving Under the Influence. For the most part, the acronym that indicates a drunken driving charge depends on the state in which you are driving. DUI charges can have a lasting impact on your life, from costing you jobs to dooming housing applications. With consequences like those, you want to present the strongest DUI defense possible, and, if you can, get the charges reduced. Here are five ways you can potentially mitigate the damage of a DUI charge.

• Attend drunk-driving education: Many states allow those charged with DUI to complete some form of an education programming lieu of jail time, more serious charges, and other penalties. Also called OWL education classes, these programs explore the dangers of high-risk driving behaviors and the effects of alcohol and drugs on the body. In some states, an alcohol education program (AEP) is a mandatory component of an DUI sentence or probation, but other states offer it as a mitigating option. For example, some states only allow those who have completed a DUI education class to have their licenses reinstated.

• Take a plea bargain: If there are any issues with the evidence the state is presenting, your lawyer might want to negotiate with the prosecutor for a plea bargain. With a plea bargain, a prosecutor offers reduced charges and/or sentencing in exchange for a guilty plea. The state may consider a plea bargain if its case has shortcomings, such as a lack of probable cause for pulling you over or insufficient evidence due to your refusal to provide a breath or blood sample. The state may, for example, reduce your DUI charges to reckless driving with a plea. Keep in mind that, in some states, reckless driving carries harsher penalties than first-offense DUI. However, your attorney may still advise you to plead to that charge just to keep a DUI off your record.

• Accept and complete probation: If you have no other DUI charges besides your current offense, you may be eligible for probation instead of jail or prison time. Usually, states will offer you probation if you have an otherwise clean criminal history.

In many cases, if you complete probation successfully, you will not face a DUI conviction. The terms of your probation may include:
1. Receiving a substance abuse evaluation
2. Attending a DUI education class
3. A driver’s license suspension
4. Payment of court fines
5. Random drug testing
6. Probation fees
7. Meeting with a probation officer
• Complete a rehabilitation program: If you have repeat offenses, you don’t have as many options for your DUI defense. Repeat DUI offenders typically face considerable jail or prison time. This may also be the case for a first offense DUI that resulted in an accident or injury. One way to mitigate your sentence for these enhanced charges is to agree to attend an inpatient alcohol and drug rehabilitation program in lieu of a prison sentence. The court may give you the option of going to inpatient treatment for the same amount of time you would spend in jail or prison. Remember that your treatment will be court-mandated, which means you will have to finish treatment and successfully maintain sobriety to fulfill your sentence.
• Have your DUI charges expunged: If your DUI sentence involved probation and no prison time, you might be eligible to have your DUI charges expunged upon successfully completing probation. Expungement is typically only available to first time DUI offenders whose criminal records are otherwise clean. For instance, some states offer a deferred adjudication where the court withholds judgment and sentencing for a specified period. When that period expires, if the defendant has complied with all the conditions of probation, the DUI charge is completely expunged, or erased, from the record. Once the charge is expunged, only law enforcement will be able to see it. DUI charges don’t have to have devastating consequences.

If you have been arrested for an DUI in Utah, a conviction can result in serious penalties. Not only does it result in serving time in jail, paying expensive fines and losing the ability to drive for an extended period of time, but also having a criminal record can have a negative impact on your life and reputation. Fortunately, it is possible to reduce the charges with the help of an experienced criminal defense attorney, depending on the circumstances surrounding your case. Your lawyer can make a plea bargain with the prosecutor to have your DUI charge reduced to the lesser charge of reckless driving involving alcohol or even careless driving. Although the maximum penalties for DUI and reckless driving are the same (i.e. 93 days of jail time and fine of $500), a careless driving is a civil infraction that results in no jail time and no criminal record. The prosecution typical agrees to bargain down an DUI charge for first-time offenders, when the BAC is on the borderline of 0.05 percent, or when there are weaknesses in the prosecutor’s case against the defendant. Another lesser charge that can be obtained via a plea deal is reckless driving. Essentially, a person can be convicted of this charge if there are visible impairment indications, as imposed to being under the influence. While the penalties between DUI and other crimes are similar, some of them are less severe.

For instance, there is a hard license suspension associated with DUI. We can fight it, but it’s usually revoked. Furthermore, points on your driver record and the fines are much lower. The strategies in this section are effective for reducing or preventing drunk driving. They are recommended by The Guide to Community Preventive Services and/or have been demonstrated to be effective in reviews by the National Highway Traffic Safety Administration. Different strategies may require different resources for implementation or have different levels of impact. Find strategies that are right for your state. Drunk driving laws make it illegal nationwide to drive with a BAC at or above 0.08%. For people under 21, zero tolerance laws make it illegal to drive with any measurable amount of alcohol in their system.

Sobriety checkpoints allow police to briefly stop vehicles at specific, highly visible locations to see if the driver is impaired. Police may stop all or a certain portion of drivers. Breath tests may be given if police have a reason to suspect the driver is intoxicated.

Ignition interlocks installed in cars measure alcohol on the driver’s breathe. Interlocks keep the car from starting if the driver has a BAC above a certain level, usually 0.02%. They’re used for people convicted of drunk driving and are highly effective at preventing repeat offenses while installed. Mandating interlocks for all offenders, including first-time offenders, will have the greatest impact. Multi-component interventions combine several programs or policies to prevent drunk driving. The key to these comprehensive efforts is community mobilization by involving coalitions or task forces in design and implementation. Mass media campaigns spread messages about the physical dangers and legal consequences of drunk driving. They persuade people not to drink and drive and encourage them to keep other drivers from doing so. Campaigns are most effective when supporting other impaired driving prevention strategies.

Administrative license revocation or suspension laws allow police to take away the license of a driver who tests at or above the legal BAC limit or who refuses testing. States decide how long to suspend the license; a minimum of 90 days is effective.

Alcohol screening and brief interventions take advantage of teachable moments to identify people at risk for alcohol problems and get them treatment as needed. This combined strategy, which can be delivered in health care, university, and other settings, helps change behavior and reduces alcohol-impaired crashes and injuries.

The penalties will vary according to the level of intoxication, the severity of the incident and how many previous DUI related offenses the defendant has on record. It is possible for DUI charges to be reduced, or perhaps even dropped, under certain circumstances. It is almost definite that retaining an attorney who knows the details of the law will be beneficial in that endeavor. Your BAC, personal history and the severity of the incident are all taken into consideration when negotiating a plea bargain to drop or reduce your DUI charge. In Utah, everyone convicted of DUI is subject to suspension of their driver’s license for six months, even a first-time offender. However, it is possible for a driver to be eligible for a restricted license after only 30 days, reducing the time the driving privilege is revoked. For a first-time offender in Utah, it is possible for the charges to be reduced to what is called an operating while visibly impaired (DWVI) offense under a plea bargain. This charge, which still carries serious consequences, is a lesser offense than DUI or DUI, because it is considered a misdemeanor charge.

Without exception, anyone charged with a DUI wants to get it dropped or amended to a non-drinking offense such as careless driving. Realistically, a DUI is rarely dropped down to a non-drinking or non-criminal offense. The question of jail time causes our clients the most anxiety and stress and we try to cover it as soon as possible. The following is a partial list of factors that a judge considers when imposing a sentence for a DUI:

• Prior record of the offender

• Age of prior criminal offenses

• Aggravating circumstances (injury to another person)

• Blood alcohol content

• Compliance with bond conditions before sentence

Pursuant to the 6th Amendment of the Utah Constitution, the accused party in any criminal matter has a trial by jury. In determining whether or not to demand a trial, our drunken driving defense lawyers will make recommendations based upon various factors. Since trials can be expensive and risky, the client is always given the final word. Here are a few legal considerations that we explore when discussing the option of trial with our clients:

• Whether the prosecutor can prove the case beyond a reasonable doubt.

• Review of DUI major components: operation of vehicle, legality of traffic stop and impairment or intoxication.

• Whether the prosecutor has made a reasonable plea bargain or has been tough on negotiations and there is nothing to lose by going to trial.

• Whether aggravating circumstances will be brought up at trial making things worse for the accused party.

• Whether the jury will be given instructions to consider a verdict for a lesser offense such as impaired driving.

In reality, the odds of an DUI case going to trial are remote. Plea bargaining is also used extensively by criminal defense lawyers and prosecutors in the counties of Utah. For the most part, plea bargains usually, but not always, mean a reduction from the original charge to a lesser more acceptable one. The idea of being put in a better position and saving the expense and risks associated with a trial is hard to turn down in most cases.

The following penalties are associated with DUI convictions in Utah. Driver license sanctions (consisting of revocation, suspension and/or restrictions) and points are mandatory and imposed by the Utah Secretary of State only after a conviction is entered by the court. For misdemeanor offenses, the court may impose a maximum period of 2 years probation. For felonies, the court may impose a maximum period of 5 years probation. There are times when an overzealous or misguided officer will attempt to obtain evidence in a manner that does not comply with 4th Amendment rights.

Evidence could be obtained without a warrant, obtained outside of the terms of the warrant, or obtained without probable cause. These pieces of evidence can be taken out of the case before the trial even begins through what’s called “a motion to suppress evidence.” Sometimes key pieces of evidence that are taken out of court can be cause for a dismissal of charges. If a prosecutor loses a key piece of evidence for some of the charges he or she is holding against you, he or she may choose to drop certain charges, or reduce the severity of the charges. Suppression motions are typically handled in writing; however, they sometimes go to a hearing, where the judge will make a determination.

DUI Attorney Free Consultation

When you need legal help defending against a DUI in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

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Family Lawyer Grantsville Utah

An important factor affecting your post divorce relationship with your former spouse is whether you resolve your differences through mediation or litigation. Litigation will quite likely devastate what little civility remains in your relationship. Alternatively, hiring an experienced Grantsville Utah family lawyer who emphasizes your mutual cooperation will help keep things from getting nasty. Not only may you and your ex remain capable of discussing future parenting issues in a friendly way, your children will benefit from observing your positive interaction.

Divorce Mediation

In divorce mediation, a couple sits down with a neutral third party, or mediator, to negotiate various issues relevant to ending their marriage. Mediated negotiations center around three main concerns: (1) child custody and visitation, (2) division of property/ assets, and (3) spousal support (alimony). The amount of child support one parent is to pay the other might also be discussed but must be within the guidelines determined by Utah law. The mediator meets with both spouses together and guides them as they discuss and settle these issues in a way that is satisfactory to both of them. Divorcing spouses who want to try to mediate their differences have two options: hire a divorce mediator or use a free divorce mediator supplied by the court or by a local non-profit mediation center.

Mediation agreements become legal and binding once a judge signs the agreement. Most judges like mediation because it means one less couple tying up the court’s time and shows that the couple can work out their differences. Judges also feel that parents are best able to make decisions about their children and are relieved that they (the judges) do not have to do so.

Divorce Mediation Is Not Marriage Therapy

For all the good that mediation can do toward preserving a working relationship between you and your ex-wife, it is important to keep in mind that mediation is not marriage therapy. The spouses do meet with the same mediator at the same time, but the agenda is on settling the issues of the divorce, not getting the spouses back together. Sometimes (about 5 percent of the time), divorcing couples decide during the first meeting with the mediator that they want to give their marriage one more try before ending it. In such cases, the mediator refers the couple to a marriage therapist, where the goal is to reunite as a couple.

It also sometimes happens that one spouse is in agony and may not want a divorce. When this happens, mediation stops and the mediator refers this spouse to a therapist to work on his or her grief surrounding the end of the marriage. When both spouses accept that the marriage will end, the mediation may resume. Mediation requires that both parties acknowledge that the marriage is over and that the task at hand is resolving the issues of custody, visitation, child support, division of property, and alimony.

Divorce Mediation Is Not Adjudication

Adjudication means that a judge listens to both sides and makes a decision for both spouses. The problem with this action is that the judge is a stranger to the spouses, their relationship, and children and may be at a disadvantage by deciding what is best after hearing evidence, testimony, and witnesses over a 3-day period. It is also likely that the judge may make a very informed decision. Nevertheless, adjudication takes the power away from the spouses, who should be making the decisions themselves–decisions that will affect them and their children. Finally, what the judge says, goes. The spouses must do what the judge says and cannot change the order without making a new agreement and filing that with the court.

Divorce Mediation Is Not Arbitration

Arbitration involves a third party (arbitrator) making a decision after listening to both sides of the issue. Arbitration is like adjudication except that the person making the decision is not a judge and the decision is not binding unless the couple wants it to be. That is, no matter what is written in the court order, the ex-spouses can do as they wish as long as they mutually agree. Arbitration is usually much quicker and less expensive than adjudication, but still not as good as mediation in terms of saving time and money and giving the couple control over the final decision. However, only division of property can be arbitrated. Custody or child support cannot be arbitrated.

Mediators have special training in helping spouses resolve conflict and in mediating their differences. Some are attorneys, others are mental health professionals, and still others are social workers. Some work alone and others work as a team so that you and your spouse might be seen by two mediators at the same time. Mediators may also specialize in what they do. Some specialize in custody and visitation and others in financial mediation. Select your mediator with regard to your specific needs as a divorcing couple.

Benefits of Divorce Mediation

The more conflict that surrounds the end of your marriage, the worse it is for you and your children.

Mediation helps prevent the spouses from becoming bitter enemies. In court, divorce cases can become very nasty. Spouses often say things to hurt each other when they are ending their marriage. But the legal system makes it worse when “her” lawyer calls him names on the stand and insinuates he was a terrible husband and a worse father. “His” lawyer will shoot back by attacking her on the stand so that she looks bad. Neither spouse wins. Both are humiliated and hate each other even more for having participated in the legal process. Because domestic court is open to spectators in some states, anyone who wants to attend your custody battle may be able to do so. And because such hearings often become occasions to belittle the spouses, the airing of allegations of violence, drug abuse, and sexual indiscretions is likely to be exploited by both sides in this legal arena. Mediation, in contrast, happens behind closed doors and permits no public exposure.
Spouses who mediate their differences sit together with a third person to discuss and resolve the issues of whom the children will live with and how they will be taken care of. Such a discussion is not easy but it may be a better alternative than an expensive court fight. The money spent in court cannot be divided and used by the spouses and their children.

Mediation protects the future relationship of the ex-partners as parents. Spouses who end their marriage still need to continue to cooperate in parenting their children for years to come. Spouses who have mediated their differences and who remain friends have protected their relationship so that they can talk amicably the next time there is an issue related to the children. Spouses who have destroyed their relationship by becoming legal adversaries must resort to talking to each other through lawyers. Not only is this expensive, it is unsatisfactory. Mediation keeps the lines open between the parents. This is best for their children.

Mediation also helps the partners develop good communication and negotiation skills. In the absence of such skills, parents may yell and blame each other for problems with their children. Learning how to listen reflectively, staying on one issue at a time, and making a specific agreement to resolve that issue are important communication skills. Also, when the parents disagree, a spirit of compromise prevails. It is more important that the parents maintain their amicable relationship and “win” as a couple than that one parent “wins” the disagreement. Mediation maintains the focus that coming to an agreement and remaining friends are more important than winning any specific point.

Mediation gives parents the skills to stay jointly involved in their children’s lives and to share the work of parenting. Ex-spouses who are at war cannot discuss anything about their children so they avoid each other. But former spouses who have mediated their divorce are usually more comfortable discussing and negotiating issues related to their children. They continue to cooperate over religious, educational, health, and other issues related to their children, and the less parental conflict your children are exposed to, the better.

Spouses who litigate their divorce are often shocked to find out how much it costs and surprised to know that an inexpensive alternative exists. Because spouses and the mediator draw up the mediated settlement agreement, the spouses can make the agreement much more flexible to meet the changing needs of their children over time. Whereas a document written by lawyers may detail very precisely every minute the children are to be with each parent (this is usually necessary when spouses are not cooperative), the spouses may have a clause in their mediated agreement that allows them to change the agreement by mutual consent. Court orders may also have a similar clause.

In addition to all of these benefits, there are specific benefits to ex-wives in a mediated settlement. Divorced mothers stand to benefit from mediation in two ways. First, there is the obvious help with child rearing. Some former wives who are alienated from their ex-husbands because of messy divorces end up having to do the work of child care, transportation, and supervision by themselves. Unless they have remarried, their bitter relationship with their ex will ensure that they remain true single parents. But former wives who mediate their differences get help with the work of rearing their children.

In addition, former wives who have mediated their divorces receive more predictable child support. The court system sometimes destroys the incentive of men to pay money to their former wives–even though it is for child support. Despite elaborate federal and state regulations designed to get “deadbeat dads” to pay child support, many divorced dads who don’t want to pay child support don’t. Tough penalties may ruin the father’s credit but these sanctions in themselves do not force checks from a divorced father who doesn’t want to pay.

The primary benefit of divorce mediation for fathers is that they are more likely to end up with greater access to their children. If the woman wants to punish her ex-husband and limit his access to the children, she may be more likely to do so through litigation. He must fight her in court if he wants to continue to be involved in his children’s lives. Fathers should jump at the chance to mediate, as they face enormous odds if they go to court. However, both parties should be aware that a mediated settlement produces a “consent order.” When the ex-spouses agree to “consent,” they lose their right to appeal.

When Divorce Mediation Will Not Work

Despite the benefits of divorce mediation, it is not for everyone. Divorce mediation requires that both spouses be motivated to mediate rather than litigate their differences. If either the husband or the wife does not want mediation, it will not work. Mediation requires cooperation. Both spouses must be willing to negotiate, to give and take, and to keep the goal of reaching a mutually agreeable settlement above “winning” money or custody or things lawyers are hired to fight for. If the spouses don’t cooperate to settle their differences, they’ll end up watching their attorneys wage a nasty, time-consuming, and expensive court battle.

Neither will divorce mediation work if one spouse wants to get back together. Such a goal gives too much power to the other spouse so that the negotiation that takes place is not on fair ground. For example, if you want to reconcile the relationship with your ex-wife, you will probably be willing to agree to most anything in hopes that your doing so will win her back. But, if she has no interest in getting back with you, she may take advantage of your generosity, take everything you have to offer, and still not come back to you.

Before you file for divorce, speak to an experienced Grantsville Utah family lawyer to know more about divorce mediation. If successfully you will be able to settle the issues of your divorce without having to go to court.

Grantsville Utah Family Lawyer Free Consultation

When you need legal help for a child custody case, divorce case, adoption, guardianship or other family law matter in Grantsville Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

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

Ascent Law LLC

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Can A Lawyer Stop A Foreclosure?

A foreclosure lawyer is an expert who guides and provides insight to those individuals who may be at risk of losing their home. If it is your home or your place of business, you will need a professional who can you to reduce the costs and improve the outcome of your investment in your home. In short, to remain in your house, you need professionals to help you go against powerful attorneys from lenders and help you fight for it. How does a foreclosure lawyer help individual who is trying to keep their home or one that is trying to keep their family business from being taken away by the bank?

It is not quite possible to do so. However, it takes months to occur and in some situations, and in some cases, the process might have gone too far and at that point, it would be difficult to stop it. There are times to make some changes or stop the proceedings, so you can keep your home.

Foreclosure laws varies from state to state, and if you are in the edge of losing your house to the bank, you need to consult a foreclosure lawyer to find out what your rights are in that particular state. It might be possible for a foreclosure lawyer to negotiate a better payments and arrange with the bank or lender to help you with the loan and also make your future payments more comfortable to handle. Though you do not want to lose your home, the bank might not take it either because with the tide of foreclosures which has crippled the banking system, only few are able to keep up with the process of homes that has come into their possession.

In regular times, most lenders receive less than 5 percent of homes going to foreclosure. Foreclosure lawyer might be able to help in keeping your home by cutting through some end and dealing directly with the person that has the ability and power to help you on the lender’s end. In worst situations, if you’re not able to meet with the demands to keep your house, you might be able to negotiate your terms to leave it. Many lenders are paying for the keys to ensure that the former house owner will leave the property intact, undamaged, and complete. Allowing the owner of the house to have enough time and money to guarantee the lender, might be the best chance at taking possession of a trouble-free home and can be the only viable solution that works for both parties.it is also important to know how a foreclosure will affect your credit card, both now and then, for many years.

Can your lender come after you for the unpaid balance?

Can you ever repurchase a home with the same credit card?

These are questions foreclosure lawyer can help you answer so that you can go forward, and give you the best information you need to make the best decisions for your credit card. Few people do not know they have their own rights. That’s why most of them will start making plans to leave the house immediately once they get a notice. However, banks have to follow specific laws, so they cannot kick any families out of their house without a certain amount of notice. The specific rules vary by state, and are occasionally changed but a foreclosure lawyer will keep you updated with the ones that apply to you. At some point, you can schedule a meeting with them, to lest you know whether your rights are essential. If so, your lawyer will probably make you understand what you can do about it. If it turns out your foreclosure lawyer thinks there is chance of saving your home, you can start planning together. They will let you know all your options, as well as your chances of maintaining your house. At this point, you need the honest opinion of a professional, so that you’ll know you’re not wasting your time. Your attorney can tell which forms to fill and the deadlines you have to meet.

In many cases, you need to have meetings with your bank or with those involved in the foreclosure process. Whether you and your lawyer decided negotiate or fight back in court, you will need the support from an expert. Your foreclosure lawyer will likely attend any meetings with you, and will, of course, be with you in court. You need not only legal guidance but also moral support. You should find an attorney who can offer all these benefits. You do not want to get the one who will leave you to attend meetings on your own, or will never tell you the truth about your rights. If you want to avoid wasting your time on such cases, you should look for an expert lawyer.

Hiring a foreclosure lawyer who will fight your battle for you, is the best foreclosure defense, in the war between you and the mortgage company. The mortgage company has lawyers working for them every day, so the best thing you can do is get one lawyer too. A foreclosure lawyer will help you find the best solution to your foreclosed home and make sure the mortgage company follows procedures with you. It’s impossible for you to go against a mortgage company by yourself, so let the foreclosure lawyer help you. There are some mortgage companies caught not following foreclosure procedures. Foreclosure lawyers did step in and crack them down for you. But if you do not know what the right way is, how do you know your foreclosure is being handled correctly? And this is where having a foreclosure lawyer can do for you, they know what is supposed to be done and how to do it. They are aware of the changes in the law and government programs. You need an attorney that is experienced to be your foreclosure defense. The reason why a foreclosure lawyer can be so effective in a foreclosure case is the experience and the connections that will be available to enable you to seek various forms of debt relief. They will be able to tell you the option you qualify for as well as the suggestion which will benefit your situation. Not only will your lawyer be beneficial in providing more opportunities for your case, but you will get to realize hoe understanding foreclosure lawyers can be.

They recognize how difficult it must be for you to worry about finances and foreclosure, not to mention the stress of other complicated situations that life can bring your way. Some people feel they are confident enough to dispute a foreclosure on their own. However, this is not recommended, the laws concerning foreclosure and mortgage can be extremely complex, and there are constant changes written, which the average person might not be able to keep up. An experience foreclosure lawyer will be able to speed up the changes made in foreclosure and mortgage code laws, and they will take your case accordingly. They will also know the exact route needed to pursue specific debt. Letting an experienced foreclosure lawyer handled your home foreclosure is the best chance you have at keeping your home. Foreclosure lawyers are not in favor of foreclosures, but opposite to the common belief. They’re likely to work out a solution even with delinquent on payments because foreclosure is associated with expenses and procedures that you wish to avoid. If you contact them early enough, you are likely to get a good offer from them, they will consider reconstructing your loan to make it more affordable because that’s the only way they can help you get your house back.

A foreclosure lawyer is a valuable ally to have. Banks and lenders will not inform you of your rights and the available options to keep your home out of foreclosure. Of course, you have the rights and resources that are available to help you keep your home. To find out if you qualify for them, though, you need to find out what they are. In some cases, you will need some paperwork from your lender to ensure that you get accepted into the program. And to make sure you get everything you need from your lender and to keep you and your family from being put out on the street, you need a foreclosure lawyer to guide you through the process. Dealing with foreclosure is not easy, and the whole process can be difficult before it gets solved. When you are facing foreclosure, take note of the time and you need to make sure that you are ahead. Without an attorney, you may end up missing out on the help you need to keep your home. When you’re in a situation like this, the last thing you want to do is take chances by proceeding on your own. You can possible make matters worse.

If you have fallen behind on your mortgage payments and know that you might not be able to catch on them any time soon, now is the time to begin to search for the right foreclosure lawyer to take on your case. You do not want to continue to stress over a situation, spare yourself the troubles. You should consider consulting a foreclosure lawyer as early as possible before foreclosure hits your credit history, and make it more complicated to obtain financing for a very long time. Also, make sure the foreclosure lawyer you hire is qualified to handle your case. Ask about their experience. It is important to choose an experienced lawyer, I mean one who will offer you not only the legal support but emotional support.

Foreclosure Attorney Free Consultation

When you need legal help from a foreclosure lawyer in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

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

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Probate Lawyer American Fork Utah

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Probate Lawyer American Fork Utah

If you die without a will in place, you are said to have died intestate. When you die intestate in Utah, a complex set of laws known as intestacy laws come into operation. These laws decide who gets what from your estate. Parts of your estate could end up in the hands of someone whom you never shared a good rapport with and someone very close to you could end up with absolutely nothing although you loved that person very much. The best way to prevent this from happening after your death is to have an estate planning device in place. Utah estate planning laws allow you to determine who get what from your estate. Speak to an experienced American Fork Utah probate lawyer to know how you can prevent your estate from ending up in the hands of someone who isn’t close to you.

It’s unfortunate how many people believe that estate planning is only for wealthy people. The truth is that people at all economic levels benefit from some kind of estate planning. Shoot, if all you have is a giant ball of string, there is probably someone you want to have it, or if you don’t, there are probably a bunch of cats at a shelter that would go nuts with the benevolent donation. Upon death, an estate plan legally protects and distributes your property based on your wishes and the needs of your family and/or survivors with as little tax penalty as possible. Consult with an experienced American Fork Utah probate lawyer to know more about the estate planning devices you can use to ensure that your loved ones get to enjoy your estate after your death.

A will is the most basic and practical first step in estate planning. It makes clear how you want your property to be distributed after you die. Otherwise, the aftermath of a funeral can resemble the combative interlude of a hockey game. If you want to draft a will, speak to an experienced American Fork Utah probate lawyer. The will must meet certain requirements under Utah law.

Writing a will can be as simple as typing out how you want your assets to be transferred to loved ones or charitable organizations after your death. If you don’t have a will when you die (known as dying intestate), your estate will be handled in probate, and your property could be distributed differently than what you would like. However, writing a will without the assistance of an experienced American Fork Utah probate lawyer can be a big mistake. Remember every will must go through probate before the transfer of your assets after your death become effective.

Attorneys may have a reputation for being expensive and difficult to deal with, but that is not necessarily accurate. As in any profession, there are some people you’ll relate to better than others. The legal field is no exception. And, in fact, an attorney who will take time to understand your wishes and your adult child’s needs can become an important ally. Not only will he give you legal advice but you can count on him to follow up with the appointment of fiduciaries you choose to act for your child and to help them advocate for your child in the event of problems with carrying out the plan.

As with doctors, if you can’t relate to one and she won’t listen to you, choose another one. The same applies to attorneys. You will need the attorney to have a greater understanding of your family situation than some families may require. Thus, the relationship needs to work well to enhance that understanding. As with choosing any other professional, you won’t learn much about a person from a yellow pages listing. It’s better, if possible, to get a referral from friends or family members who have used that attorney. Additionally, some agencies have lists of attorneys who have been helpful to their clients. Some attorneys will speak at support groups and you may get a chance to hear them before scheduling an appointment.

Some tips on working with a lawyer

Lawyers can be expensive, and, given all the costs of taking care of your child, that can be a challenge. However, there are options:

• We do not charge for the first visit. When you go to that visit, be up front about what you can afford and see if you can negotiate something affordable for you.

• Depending on where you live, there may be legal clinics that are free or discounted based on income. An added advantage of this is that there may be a young attorney starting out by working in the legal clinic. Later he may start his own practice and take some of his special clients along at a reduced rate.

One of the best ways to reduce the cost is to prepare for the visits. If the attorney sends forms to complete, be sure to complete them and bring them to the appointment. If you don’t get such forms, you can create a sheet with basic information such as:

• Name and spouse’s name (if any), address, phone number.

• Children, including stepchildren, and their ages.

• Disability of your child(ren) and brief statement about future planning needs.

• Be sure to include any governmental benefits that your child(ren) receive; estate plans must take those into consideration so that the plan itself won’t disqualify your child from receiving services.

• Financial information (your assets, property, income, extraordinary expenses).

As stated, a plan for your child is more involved than a standard estate planning document. However, you will want your attorney to be somewhat aware of the plan because he can assist or provide information to others when you can’t be available to do that.

If you create an estate-planning file or notebook, it would be a good idea to take it with you sometime when you visit your attorney. Obviously, you don’t want to spend a lot of billable hours on it, and the file doesn’t need to be left with the attorney. However, having a look at a day in your adult child’s picture schedule, for example, could make a big difference in the attorney’s ability to better understand him and his needs as the estate planning documents are being written.

Ask your experienced Utah probate how often you need to come back for revisions to your estate-planning documents. Some attorneys will recommend yearly or every-other-year visits. Others may say every five years is enough. You can negotiate the frequency. Also, ask what kinds of things would require a change in your estate-planning documents. That way you will understand when you should come back, beyond the regular visits you negotiated with the attorney.

Your attorney will be one of the best protections for your adult child. If you take the time to find an attorney whom you can relate to and provide some opportunity for the attorney to understand your adult child’s needs, he can be your voice for your child when you can’t be there.
Estate planning can involve creating a trust or a living trust, which are not the same thing.

Trust: A trust holds legal title to property and administers the property according to the instructions in the document. The legal document designates a trustee u a person or corporation u to manage the property. If you create a trust, you are the “grantor” or “settlor” or “trustor.” Those who receive income or property from the trust are called “beneficiaries.”
Living trust. A living trust is created while you are alive and is revocable, which means it can be changed, amended or terminated. When you set up a living trust, you transfer your assets to the trust, which is then considered the owner of the assets. There will be no probate when you die because you don’t own the assets. You can be the trustee of your living trust and use or invest the trust fund as you wish. The living trust will name a trustee to take over managing the assets if you become incapacitated. The trust will contain instructions for asset distribution after you die, just as a will would.

Simply executing a living trust will not materially affect the disposition of your assets, will not save death taxes and may not reduce costs after your death. However, a well-prepared living trust as part of your overall estate plan has many benefits that could help you reach your estate planning goals. Your experienced American Fork Utah probate lawyer can help you decide if a living trust fits your needs.

Ignoring the People Side of Planning

Preoccupation with all the technical questions involving laws, and taxes and paperwork does not mean your support network is in place.

In today’s complex world your estate plan must have three roles filled by people you specifically designate: a financial adviser, an accountant and an attorney.

Select these advisers carefully, and include them in your planning, so everyone is ready well in advance of a disability or death.

Planning Driven by Tax and Probate Avoidance versus Distribution

There is an art to putting together a distribution plan that makes sense for both your estate and your heirs.

For example, should a college student inherit everything in one lump sum or would staggered payments be more prudent? Distribution timing, incentives and disincentives, and asset protection for unexpected disasters carry implications which go far beyond the typical desires of avoiding taxes and probate. Speak to an experienced American Fork Utah probate lawyer to understand all this before you take a final decision.

Distributing Based on Percentages Instead of the Real Dollars/Assets
Estate planning requires accurate calculation of assets. Using true numbers allows you to consider how much inheritance is enough and what is to be done with what is left.

Should funds be delineated for specific uses — such as education — and should there be incentives for assets left in trust for following generations? Thoughtful distribution entails more than an exercise in mathematical percentages.

UNDER-insuring (or OVER-insuring):

While no one likes to pay for insurance which may never be used, the risk of under-insuring is shortsighted thinking in estate planning. Older people, on the other hand, are often over-insured because they have continued to pay for policies after the need for them is over. The bottom line here is that insurance, when used correctly, is an extremely helpful tool in estate planning.

Relying on the Wrong Agents for the Wrong Reasons

Executors, trustees and those with power of attorney assume responsibilities that are critical to the successful transfer of assets from one generation to the next. Yet not everyone is equally skilled, or able, to handle these duties.

Best friends, adult children and even well-meaning family members are rarely able to act as knowledgeably or cost effectively as an institutional trustee. I recommend people at least consider this solution before going forward with purely emotional selections.

Before you decide who should be in charge of executing your estate planning, seek an appointment with an experienced American Fork Utah probate lawyer.

Failing to Title & Designate Beneficiaries Wisely

This is the single most common mistake made in estate planning. The number of unintended probates is scandalous simply because assets are inadvertently left out of plans, or beneficiary lists are not kept current. No one knows when an estate plan will go into effect so it should always be accurate and ready.

Estate planning is a process, not a one-time event. As people move forward, and life-changes occur, all plans become stale and out of date. At least once every five years it is important to review, evaluate and update estate plan documents and designations according to your current financial and family situations.

An experienced American Fork Utah probate lawyer will advise you on how often you need to review your estate planning devices. You should immediately get in touch with your experienced American Fork Utah probate lawyer if your circumstances change. Remember you can always change your estate planning devices.

American Fork Utah Probate Attorney Free Consultation

When you need legal help with a probate case in American Fork Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Source: https://www.ascentlawfirm.com/probate-lawyer-american-fork-utah/