JannaG's Journal

The steps to file are different if you are an individual, a couple, or a company. There are four main types of bankruptcy : Chapter 7, Chapter 13, Chapter 12, and Chapter 11. Each type of bankruptcy has its own requirements. Here is an overview of the steps involved in filing for bankruptcy: 1. Compile your Documents 2. Know your Filing Options 3. File your Bankruptcy Petition 4. Determine your Debts Filing for bankruptcy is a little like buying a house—it's a huge, complicated process that takes time, money, and energy to finish, but once you're done, you know it was worth all the effort. You can get a free bankruptcy consultation by calling this bankruptcy lawyer:   Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://g.page/AscentLaw https://www.ascentlawfirm.com/utah-bankruptcy-attorneys/  

There are several benefits if you are overwhelmed with debt. Bankruptcy is a legal procedure that can give you relief. Most people who file for bankruptcy have ranged from a few thousand dollars to several hundred thousand dollars in debt, but those who have more than $500,000 in debt are also eligible to file. The laws regarding bankruptcy are different in each state, but declaring bankruptcy generally frees an individual from the responsibility of paying some or all of their debts. Here in Utah, we can usually put you in chapter 13 or a chapter 7 bankruptcy case - but each situation is different. Bankruptcy can often be beneficial to individuals because it allows them to start fresh with a clean financial slate by relieving them of the obligation to pay off their debts. For example, if an individual has several thousand dollars in credit card debt and medical bills, declaring bankruptcy could allow them to wipe away all of their debts rather than having to pay their creditors a ...

Well, you’d have to get your finances in order. This means living below your means or spending less than you make. Dave Ramsey has a good course on taking baby steps to get your financial life in order. You can start there. But I disagree with his position that you should never file for bankruptcy because depending on where you are at, you might need to file to start over and start fresh. It's easy to see how personal bankruptcy can happen: what starts off as a minor financial problem can quickly snowball into a full-blown financial crisis. If you're tired of always worrying about money and not having enough, there are plenty of things you can do to make sure you don't end up in bankruptcy court. First, figure out whether your problems are caused by debt or by a lack of savings. Are you spending too much and not earning enough? Or is it that you're not making enough money to cover your basic living expenses? If the latter is the case, you might be eligible for pub...

Yes. When you file for bankruptcy in the United States, an “automatic stay” goes into effect that prevents creditors from harassing you. Now, the moment you file for bankruptcy, your creditors don’t know that you filed, so it might take a moment for them to find out. The bankruptcy court mails notices of your bankruptcy filing to all of your creditors - but that takes 2-3 weeks. But yes, creditors are prohibited from collecting from you once you have filed for bankruptcy relief . Bankruptcy is a big step, but it's not the end of the world. In fact, it can be pretty liberating when you're in over your head and know that you have options to get back on your feet. One of those steps could be making sure you're protected from creditor harassment after bankruptcy. If you're planning on filing for bankruptcy, there are three ways you can keep creditors from harassing you. When you need legal help with bankruptcy, call this law firm for a free bankruptcy consultation - ...

This depends on several things. First, what state do you live in - the state exemptions will allow you to keep certain property. Each state’s laws are different. Second, the chapter of bankruptcy that you file. Typically, in chapter 13, you keep most (if not all of your property) because it is more of a reorganization than it is a liquidation. If you are filing a chapter 7 bankruptcy, you should really speak with a lawyer because you can lose things if you don’t do the paperwork right. Just because the law allows you to keep something under an exemption law, if you don’t put the law in your paperwork, you don’t get it. You might think that the only thing you lose when you file for bankruptcy is a bunch of money (and some of your things, if you can't keep them after the bankruptcy). But what you lose is really a lot more than that. It's very important to think about what you'll be giving up before choosing whether or not to hire a bankruptcy attorney in your area. If ...

It's important to understand what bankruptcy is and what it isn't, because it may not be right for you. In Utah, a Chapter 7 bankruptcy is available to consumers with debt who are unable to pay the debt. It's intended to help people in this situation get a fresh start and free themselves from their debts so they can move on with their lives. Bankruptcy isn't an easy option, but it is a powerful one that can help you make a clean break from debt, rather than spending years struggling under the weight of your payments. Bankruptcy doesn't erase all your debts— just most of them. For example, court fines, student loans, and most taxes are not erased (or discharged) in a chapter 7 bankruptcy case. You need to speak with a lawyer about whether the chapter 7 clean slate and fresh start bankruptcy are for you. This bankruptcy law firm gives free consultations - call them: Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www....

When considering whether to hire a family law lawyer, it's important to know the many ways in which they can be of use to you. A family law attorney will likely work on your case from the very beginning until it's resolved and may be able to guide you along the way. For example, he or she can offer advice on how to proceed if your spouse is being difficult or if you're having trouble reaching an agreement with your ex. He or she can let you know what documents you need in order to file for divorce legally or what changes could be made in your will when someone passes away. It's also helpful if they have a background in real estate because they will probably have experience working with leasing agreements and property rights. If you're looking for legal representation, take the time to find a family law lawyer who'll be there for you every step of the way. Call this law firm for a free family law consultation:  Ascent Law LLC 8833 S Redwood Rd Ste C ...

It depends on your state. You might be surprised to learn that you can file for divorce online in some states. Many people know that the Internet is a great resource for legal forms, but not everyone knows that it's possible to use these forms to file a divorce. This is only true in certain cases, though. The basic requirements are that both spouses meet the residency requirement of the state and that they can agree on how much child support and spousal support they want. The main reason that most people are hesitant to do this online is that they don't want to do anything without an attorney present. The truth is, though, if you're filing for divorce and you meet the above criteria, it's completely legal for you to do so on your own. It does take some time to fill out all of the required information and there's no way you could possibly know whether your filing is accurate unless you have gone through the process before, but it's certainly possible. Just remem...

Honestly, it depends. The first way to tell is to look at your divorce decree . If you aren’t divorced yet, then it is up in the air. Alimony is a financial obligation that one spouse has to pay to the other spouse after a divorce. The purpose of alimony is to ensure that both spouses are able to maintain the lifestyle that they had while they were married. In some cases, alimony must be paid until one spouse dies or if the paying spouse gets remarried then it may stop. However, there are other factors that can affect how long one has to pay alimony, like if the paying spouse is obligated to pay child support or if there was a prenuptial agreement between the couple. If you need help in determining how long you have to pay alimony, please contact a divorce lawyer for help . This law firm will do free alimony consultations, so give them a call: Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/family-attorneys/  

This depends on your child custody order or divorce decree. If you don’t have one yet, then it’s the laws of the state where you are living. In Utah, you should look at Utah Code 30-3-33 and read carefully the relocation statute and then call a child custody lawyer to discuss your specific situation. When a couple decides to live abroad, they both have to consider how this will affect their children. In some countries, it is much more difficult for one parent to relocate with the kids than in others. It all depends on the specific laws of the country involved . We'll examine these situations and how they work in different countries. Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/family-attorneys/

It may seem strange, but parents with no income are still required to provide child support; child support payments can be made through a state's Temporary Assistance for Needy Families (TANF) program . TANF is a type of welfare program that allows families who have no income to get help paying for their basic needs and housing costs. The amount a family receives through TANF correlates with the number of people in the family and the parent's income level if any. The calculation is based on the state's TANF guidelines. In Utah, the court will use the child support worksheet and impute an income to you at the rate you would be able to earn even if you are unemployed. When you need legal help with child support, please call this law firm, they do free child support consultations. Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/family-attorneys/  

The law states that if both parents refuse custody of a child after divorce or separation, the court will make decisions about custody and visitation according to the best interest of the child. In order for this to happen, there must be a joint petition for custody filed with the court by both parents. If there is an existing custody order that is not being followed, either parent can file a petition for modification with the court and request a hearing on their petition. The court will then decide whether it's in the child's best interest to change custody. If both parents refuse to take custody of their child after separation or divorce, the court will appoint a guardian to take custody of the child. The guardian may be the parent's family member, such as a grandparent, or it could be someone else, such as a close friend or a social worker. A relative guardian is often preferred because they are already part of the family and know the child well. If there is no sui...

When someone refuses to sign divorce papers, it's not uncommon for the other person to believe that they're doing it out of spite, or some misguided sense of love. However, there could be a few reasons for their hesitation. In the state of Utah, it doesn’t matter if the other side refuses to sign because a good divorce lawyer can get the divorce done without the other party’s signature . If one party has been verbally abusive, or otherwise mistreated the other person, then it could be that they don't want to give up their right to custody or visitation; another reason is if they have not yet reached an agreement about spousal support. If the couple has children together, then a judge will typically need to make decisions regarding custody and child support; however, if they disagree on these issues they will need to come to an agreement before either can be finalized by a judge. If this is something that you or your soon-to-be ex are facing, then you should consult w...

The child has no rights because the child is not an adult. The law seeks to do what is in the child’s best interests, which is the standard that I believe all states in the United States will follow. The child should be cared for and loved by the parents who should put the child’s needs before their own. Even though the parents are unwed, they both still have legal obligations toward the child. This is the type of thing a family law attorney will work with. The first thing to know about a family law lawyer is that he or she can represent you in all types of cases, from divorce, child custody and support, adoption, and foster care to domestic abuse. They can also help you with probate issues, such as guardianship and estate planning, and can even assist you with criminal defense.  When you have legal questions about family law, please call this law firm for a free consultation . They’ll help you. Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5...

Usually no, because once an adoption is finalized , the child is now legally your child. If the adoption is not yet finalized, then there is a possibility. This also depends on the state that you are in. Each state has its own laws and rules regarding adoption. Depending on your situation, you should speak with an adoption attorney right away to discuss custody and other options. Call this law firm for a free adoption consultation: Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/family-attorneys/  

Yes, a divorced woman can keep custody of her child if she remarries. Every situation is different, however. Is the child's biological father in the picture? The court will want to know who else is present in the child's life—who is the child's caregivers and how close are they to the child. The Court will always do what is in the best interests of the child – so try to see things from that perspective. When considering whether a divorced woman can keep custody of her child if she remarries, the first thing to look at is the law in her state . Different states have different rules regarding divorce and custody: some states allow a parent to change their custody status to "joint" or "shared" after remarriage, and others require that the parent terminate their old custody order before being allowed to enter into a new one. In situations where the court can't approve of an unmarried stepparent's rights over a child during joint custody, there a...

Maybe. You see, once a prenup has been signed, it becomes legally binding. But that doesn't mean that you can't have your lawyer look at it again or get a new lawyer to help you try and change things around if that's what you want to do. Any changes after it is signed must be approved and signed by both spouses . Prenups are designed to protect both spouses' rights and financial holdings , so they're often far more complicated than they first appear. If you've been together for a while, if one of you brings in a large amount of money or property, or even if one of you owns a business, there are all kinds of things that could affect how your prenup is written. In fact, even something like property division and your rights as new parents can be affected by your prenup—and if you think something like that might affect your case, it's probably best to talk to an attorney before going any further along in your plans. Call this law firm if you want to chang...

This is a tough one. Why wouldn’t you want to protect yourself? But in the end, you should never sign a prenup if you don’t want to. A prenup isn't meant to deter anyone from marrying someone they love—it's simply meant to ensure that the couple's assets remain safe and secure after they tie the knot. It's important to consider how your assets could be affected in case of divorce or death, especially when one person has significantly more assets than another. A prenup can help prevent any tension or disputes over these issues in the future. And while they are often associated with marriages between people with different levels of wealth or status, they can also apply to situations where both parties don't have many assets at all. While there are plenty of good reasons to sign a prenuptial agreement, there are also a number of reasons to avoid them. In either case, you should be aware of the possible consequences . Prenups are binding legal documents that l...

Yes, they are. Many people might be surprised to learn that prenuptial agreements are actually enforceable in most states. This is because the principle of contracts —an agreement made between two parties with a promise of something in return, as well as a mutual understanding of what is expected—is very much upheld by the law. However, it's important to note that there are some cases where a prenup can be challenged, so it's important to keep this in mind when entering into this type of contract. After a couple gets married, they often make plans for their future together. They might buy a house and combine their finances or start a family and look at buying a new car to fit the new family size. Some couples even create a prenuptial agreement so they can protect their individual assets in case the marriage doesn't work out. A prenuptial agreement is an oral or written contract between two people who are planning to marry that details what will happen to each spouse...

The first thing to know when asking your partner to sign a prenuptial agreement is that they won't be offended by it. They might be surprised, but they won't be insulted or offended. Remember that there are no right or wrong answers here—the agreement is just a way to plan for the future . The next thing you need to do is talk about it with them. If you've never talked about finances before, now is the time to start! Start small by talking about future spending plans, like how you'll spend vacations and what kind of house you'd like to live in together one day. Then move on to more substantial topics, like debt management and retirement savings plans. Your goal is to understand each other's financial situations completely so that if there's ever a chance for divorce, it won't come as a surprise after decades of marriage. If you're in a committed relationship and you have assets, you need to talk about prenuptial agreements. When you need to talk...

Not in the state of Utah. Some states have a requirement that each spouse has independent counsel. If each element is not met, the prenup is not valid. A simple binding prenup is possible if your state allows it, but even then you may want a lawyer to help you anyway. It's important to note that there are two basic types: "marital settlement agreements" and "prenuptial agreements." The difference is the first one can be drawn up without attorneys and does not require court approval, while the second one does. When you need legal help, call this law firm for a free prenup consultation. Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/prenuptial-agreement/  

Truth be told - there is probably never the best time to ask. It's often said that marriage is like a business partnership. If you've been delving into any number of property and legal issues, it's probably occurred to you that this isn't exactly the most romantic of metaphors. But the comparison does seem apt in many ways—just ask anyone who's been through a divorce.   In both cases, there are many things to consider before deciding to commit. For example:   -           How will our incomes and assets factor into our plans for the future?   -           What about our children if we have any together?   -           Do you have any hidden debts or other obligations I should know about?   -           If we get divorced, how will we divide our income and assets going forward? ...

The truth is this is hard. There are costs no matter how you look at it - if you do estate planning you can usually avoid a lot of expenses.  If you're anything like me, you've probably considered the cost of probate to be high, and it's not something that anyone wants to think about when they're planning their estate. But how do you avoid probate costs for assets listed on your will? The easiest way is to list assets not on your will in an alternate document—like a living trust. A living trust is a legal document that splits assets between the people who are going to inherit them, rather than the assets going through probate. It's especially useful for assets that have been given to children with guardianship over them while they're minors since those will pass directly to them when they turn 18 or 21 and aren't eligible for probate anyway. For example, if you give a house to your children as part of their inheritance, but have them live in it until they ...

Each spouse needs to have their own attorney . A document is drafted. Each spouse must list all assets and all liabilities. When you get married, it's more than just a celebration of your love—it's also a legally binding decision that could have major implications for your future. That's why many couples opt to sign prenuptial agreements before they walk down the aisle. While it may seem overwhelming or unnecessary, many people find that having a prenup in place can protect them from marital issues down the line. Here's how this kind of contract works.   Understandably, this is an uncomfortable topic for many people to discuss—in fact, the mere mention of a prenup can cause some couples to decide not to get married at all. However, if you are considering getting married and want to protect yourself financially in the event of a divorce, there are several important things you should know and consider before signing on the dotted line. When you’re ready to move fo...

A will and a trust are 100% different instruments; however, if you are inheriting a certain percentage, for example, the percentage will usually be the same if it is a will or a trust. If you've spent any time researching how to protect your family's estate , you've probably heard the terms "will" and "trust" thrown around a lot. But what is the difference between a will and a trust? In short, wills and trusts are two different ways of holding on to the property after someone dies. A will is more familiar to most people, while trusts are seen as more complex and sometimes even more useful.   People often ask me if they need both a will and a trust. The answer is usually yes. But the truth is it depends on what they want to accomplish. If all you're looking for is estate planning (i.e., making sure your assets go where you want them to go upon death), then it's possible that only a will could meet your needs. A will goes into effect when you ...

This really depends on what you own and what your future spouse owns. Prenups are legal agreements that outline what will happen to your income, property, assets, and debts if you get divorced or legally separated. They're not only important for people who are already married—even if you're only dating seriously and don't intend to get married anytime soon, or even ever, it's a good idea to have a conversation about what would happen with your shared finances if things ended.   A prenup can be much more than just a financial document: it can also help set expectations about how you'll manage money together and provide guidance for future decisions. For example, if you want to move in together without getting married (or vice versa), it can lay out the best way to go about that. If one of you expects to take on more responsibility for paying the bills or managing the money, a prenup can outline how that will work. If one of you wants children but the other do...

Changing the executor of a will is an important decision that requires the specific attention of an estate planning attorney. If you're looking to change your will and add a new executor, you should consult with an attorney for help. The first step is to decide who you want to appoint as your new executor. Your choice must be reviewed by your attorney to ensure that person is legally able to fulfill the duties of the position , including knowing what documents are needed from them and how they need to be filed. The next step is telling your current executor. This person can be informed in person, over the phone, or via a letter that includes their current contact information so they can get in touch with the proper offices if anything needs updating. You'll also need to update any health care proxies or powers of attorney. Your next step after this is to call your estate planning attorney. Parklin Law LLC 5772 West 8030 South, Unit N206 West Jordan, UT 84081 (801) 61...

It depends. Prenuptial agreements can be a great thing for a couple, but they are often seen as a negative aspect of marriage because they signify that something is wrong. However, in many modern marriages, prenups are in fact a good thing. They show that the couple is mature and thoughtful about the future and their goals together. If you are thinking of getting married, you should consider whether or not you should get a prenuptial agreement in place before tying the knot. You may already be thinking of some reasons why it is important to have a prenup. After all, it is not just celebrities who get them; many married people also find it to be an important way to protect their assets while taking on new responsibilities. Prenups can help with financial planning and estate planning , or they might simply be used to prevent emotional pain in case the marriage goes south. Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com...