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LeBaron & Jensen Attorneys

LeBaron & Jensen Attorneys

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The Ins and Outs of Bankruptcy

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According to the American Bankruptcy Institute over 800,000 Americans filed for bankruptcy in 2015. So what is bankruptcy, what does bankruptcy do, and what are its limits?

What is Bankruptcy?

Bankruptcy is the legal term for when a person or business becomes unable to repay their debts. Bankruptcy helps those who can no longer pay their debts get a new start by either liquidating their assets or creating a repayment plan that they will be able to follow. Many unsecured debts can be discharged through filing for bankruptcy.

When you file for bankruptcy, the court mandates an “automatic stay” which stops most creditor calls, wage garnishments, and lawsuits. It can also temporarily stop an eviction, a foreclosure, or repossession. Depending on what type of bankruptcy you file for, you may still be evicted or have your assets repossessed when the automatic stay is lifted.

What Are the Types of Bankruptcy?

The two most commonly filed types of bankruptcy are Chapter 7 or Chapter 13. Filing for Chapter 7 bankruptcy involves liquidating any non-exempt assets to pay back your unsecured debts. Exempt property includes anything necessary to maintain a household, such as a house, clothing, and a personal vehicle. Once the non-exempt assets have been liquidated, the remaining unsecured debts are disposed of. If you can’t bring the account current on a home undergoing foreclosure, you may still lose the house when the automatic stay is lifted.

Chapter 13 debt is typically filed by those with a higher income. If you have enough income to pay at least something back to creditors, you may be eligible for Chapter 13 bankruptcy. Chapter 13 allows you to create a debt repayment plan that is reasonable for your income. Chapter 13 debtors are allowed to keep all nonexempt property, because they will be repaying their creditors.

What Debts Can’t Be Wiped Out by Filing For Bankruptcy?

Though most unsecured debt (i.e. credit card debt, medical bills, personal loans, and gym contracts) can be eliminated through bankruptcy, there are certain types of debts that can’t be eliminated by filing for bankruptcy. These debts include:

  • Child support and alimony obligations- you will be required to repay these as though you had never filed for bankruptcy
  • Student loans- unless you can prove that it will cause you undue hardship to repay
  • Most tax debts

Bankruptcy also can’t prevent a secured creditor from foreclosing or repossessing property that you can’t afford.

 

Bankruptcy has long-term financial and legal consequences. A chapter 7 bankruptcy will remain on your credit report for 10 years. A chapter 13 bankruptcy will remain on your credit report for 7 years. Potential creditors will see this and you will be unable to obtain credit. Due to this, we highly recommend you consult with a knowledgeable bankruptcy lawyer to determine the best action for you.

Filed Under: Bankruptcy, Attorney At Law

What You Need to Know About Car Accident Injuries

 

In 2016, in Utah, 26,738 people were injured in car accidents. 30% of the total number of automobile accidents in 2016 resulted in injuries. Car accidents are the leading cause of injury. So what happens if you’re injured in a car accident caused by another driver?

 

No-Fault State

Utah is one of about a dozen “No-fault” states, which means that you will file a claim through your own insurance company for damages and medical bills. Utah requires drivers to carry PIP (Personal Injury Protection) insurance, which means that your insurance is required to pay medical bills up to a certain threshold. If your medical bills exceed that threshold, your automobile insurance will no longer cover it. If you have health insurance, they will then be expected to pay further medical expenses. If you are not insured, it will fall onto your shoulders to pay for further medical treatment. If your medical expenses exceed your PIP threshold, you should look into hiring a personal injury lawyer.

 

Types of Damages

Generally, you can recover compensatory damages. In certain cases, punitive damages may also be available. Punitive damages are used in order to punish the defendant. Compensatory damages are intended to compensate you for incurred expenses.

Compensatory damages can be:

  • Property damage
  • Medical Expenses
  • Lost wages
  • Pain and suffering
  • Permanent disability

Keep in mind that the state of Utah only allows suits that exceed the PIP threshold.

 

Pre-litigation Negotiation

Many times, the at-fault driver’s insurance company will offer a settlement, to avoid the case going to trial. It can be difficult to know whether you should accept a settlement or take the case to trial, because a settlement is a guaranteed thing, while the jury decision is not. For guidance on the best thing to do about your personal injury lawsuit, we recommend consulting with one of our attorneys.

Filed Under: Attorney At Law

According to Merriam-Webster, unlawful detainer is defined as the act of wrongfully remaining in possession of property. This can apply to multiple circumstances, and is a state a landlord must prove when beginning the eviction process. After someone has been determined as being in unlawful detainer, a judge will order them to vacate the premises, and may even authorize law officials to remove the person by force.

Who Can Be in Unlawful Detainer?

Anyone who retains possession of a property without the legal right can be in unlawful detainer. This can happen in a variety of ways, including the following:

  • Tenants remaining on the property after the rental agreement has expired
  • Failure to pay rent within the period specified in the eviction notice
  • An unfixable failure to comply with the rental agreement
  • Failure to fix a breach in the rental agreement within the time specified in the eviction notice
  • Those with no prior legal right to possession of the property, such as guests who refuse to leave or squatters. These situations have no written or verbal rental agreement

In most cases, the landlord is required to deliver an eviction notice before the tenant can be determined to be in unlawful detainer. As long as the rental agreement is current, and an unfixable breach hasn’t occurred, the landlord must allow the tenant the opportunity to rectify the failure to comply with the rental agreement within a specified period.

There will then be a court proceeding, where the judge will determine if the tenant has a legal right to remain on the premises. Once this has been determined, the tenant may be evicted.

Eviction can be an extremely complicated process to complete, due to the number of steps and laws that must be considered before it can take place. Only after the proper steps have been taken can a tenant be evicted. Because the laws vary from state to state, it is highly recommended that you consult with an experienced attorney in your area. For help with determining the best steps to take during your eviction case, contact us at LeBaron & Jensen today!

Filed Under: Attorney At Law

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LeBaron & Jensen P.C. Abogados de Lesiones Personales

1241 North Main Street
Layton, UT 84041
801-773-9488
Lunes 8:30 AM - 5:30 PM
Martes 8:30 AM - 5:30 PM
Miércoles 8:30 AM - 5:30 PM
Jueves 8:30 AM - 5:30 PM
Viernes 8:30 AM - 5:30 PM
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1241 North Main Street
Layton, UT 84041
801-773-9488
Lunes 8:30 AM - 5:30 PM
Martes 8:30 AM - 5:30 PM
Miércoles 8:30 AM - 5:30 PM
Jueves 8:30 AM - 5:30 PM
Viernes 8:30 AM - 5:30 PM
Sábado Cerrado
Domingo Cerrado

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