Logos serve to represent a given organization or company through a visual image that can be easily understood and recognized. A logo generally involves symbols, stylized text or both. Logos are often created by a graphic artist in consultation with a company and marketing experts. Three categories of logos exist and are often used in combination. These three categories are:
As a key part of an organization’s identity, a logo must try to communicate the brand essence of a company or what the organization represents. This makes designing logos a critical job for a graphic designer and is often a creative process that is heavy in research and consultation. For international organizations, cultural differences in symbolism or the associations of colors must be considered. A logo isn’t intended to explain or directly sell a company. Instead, its sole purpose is to identify the company in a way that is memorable and familiar. For example, Apple uses a bitten apple as its logo. The bitten apple does not explain what the company does or sells in any way, but it is distinctive and recognizable. A logo is meant to be long-term as it is intended to become familiar to customers and promote brand loyalty. As a result, logos are generally not redesigned very often. 1. SimpleSimple logos are the ones people can recognize as soon as they see them. The simplest logos are the ones people remember the most. 2. ScalableA great logo should be simple enough to be able to be scaled down or up and still look good. 3. Memorable / ImpactfulA great logo should be impactful. You want to capture your viewer’s attentions and leave an impression (a positive impression, hopefully). 4. VersatileA great logo should look equally good on any web device and on any kind of print material. 5. RelevantA great logo should be relevant to your practice. It has to have meaning that relates to the work you are doing. A logo makes you stand out from the competitionPerhaps the most fundamental function of a logo is giving your business a unique mark that differentiates you from other businesses. This is especially important if your business has competition (which 99.9% of them do). Before you get a logo for your business you’ll want to research what your competitors’ look like so you can position yourself. Check out how the Cactus Dental logo separates themselves from the sea of cliché tooth industry by taking a feature unique to their geography and turning it into a toothbrush. A logo identifies key information about your businessAlong with demarcating your business, a good logo also provides your customer with some crucial information about your company: it can communicate the industry you exist in, the service you provide, your target demographic and your brand values. For example, a company might use circuit imagery into their logo to show that they operate in the software industry. Or they might use a specific color to communicate they are committed to being green/environmental. Or they might use a stylish font to highlight that they are luxurious. Check out how Wild Hearts uses an image of a book with a heart in it to show that their business specializes in romance novels When Do You Need Permission to Use a Logo?A logo or trademark is any photograph, word, or symbol used to identify a brand, service, or product. You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement. Other than these two instances, you should never assume you can use a trademarked logo. A person or company should never use a trademark or logo without written permission from its owner. To get permission, write a letter to the trademark owner. Include a description of why you are asking and how the logo will be used. Third parties should never use someone else’s logo without a licensed agreement, including program and corporate logos. In certain cases, a person or company involved in logo programs give third parties standing permission to use their trademarks. Depending on the company, the logo program may state any specific requirements and technological compatibility, company relationships, and program membership information. However, even then, third parties cannot use logos without a specific agreement. More than that, trademarked companies often have resale policies for their products. A policy may indicate that the retailer or reseller can never change the trademark or corporate logo appearing on company products. Trying to replace a company’s logo with your own goes against the company’s written policy and is never allowed without a written agreement. Why Is Getting Permission to Use a Logo Important?First of all, getting permission to use a trademark or logo is important because doing so provides legal protection. A trademark naturally grants legal protection to its owner against anyone using it unlawfully. However, receiving permission gives you the legal right to go ahead and use it without worrying about any repercussions. The United States trademark law as stated in the Lanham Act allows a non-owner of a registered trademark to make “fair use” of it without permission. Fair use includes using a logo in editorial content, among other situations. You also don’t need to ask formal permission from a corporation to use its logo if the usage doesn’t create any impressions that the logo endorses or associates with another company. This scenario could result in a company complaint. Unfortunately, there is no hard and fast rule determining what “fair use” actually means. The United States Patent and Trademark Office (USPTO) cannot decide if a certain use falls under the “fair” category or even advise on any trademark violations. When in doubt, it’s best to consult an experienced attorney to learn whether you should use a trademark or logo. However, the Publishing Law Center states that, unlike a copyright, a trademarked logo’s ownership can last forever. Logos don’t even need to be registered as trademarks to be protected under current law. This means that using someone else’s logo without permission, even if it’s unregistered, is against the law. When you decide that you need to use a trademark or logo, here are the steps you should follow:
Reasons to Consider Getting Permission to Use a LogoSince it’s difficult to know what falls under “fair use,” here are some straightforward reasons why you would want to request permission to use a trademark or logo:
When Is Permission Not Required?Other than using a trademark or logo for editorial purposes or as part of comparative product statements, you don’t need to ask permission if the logo’s use will educate, inform, or express opinion protected under the Constitution’s First Amendment. This includes displaying a logo in a work of fiction, whether it’s a graphic novel or film. As long as the fictional work doesn’t confuse the viewer as to who owns the trademark, using logos in fiction falls under fair use because it adds to a story’s realism. However, Hollywood has flipped this rule around by selling product placements to trademark owners as a means of advertisement, which has been a lucrative move. Another gray area in trademark law is what’s known as trademark parodies. Generally speaking, you don’t need to request permission to imitate a trademark if you’re poking fun at it. One example is the parody newspaper The San Francisco Chomical, which parodies The San Francisco Chronicle. Offensive parodies can trigger lawsuits from the trademark or logo owner, so it’s important to weigh the consequences before going ahead with your trademark parody. There are also circumstances where you can use media logos on your website without violating trademark rights and opening yourself up to infringement claims. Just remember that you cannot confuse customers into thinking you own the logo, so it’s best to display such trademarks with “as seen in” phrases. In general, you won’t run into trademark parody problems if the parody:
Examples of Ways Someone Can Use a Trademark without PermissionCompetitors and individuals don’t need written permission to use a logo if the use falls under the following reasons:
Copyright and LogosIn order for a work to have copyright protection, it must reach a requisite level of creativity. Many logos, however, do not. Since copyright can’t protect a name, colors or the design of the logo, most simple logos simply do not have the required level of creativity to be considered copyrightable. However, many ornate or artistic ones do. And here lies the confusion with logos. Many of them actually qualify for both trademark and copyright protection. In fact, the entire Omega case hinges in part upon a logo stamped onto a watch being copyright protected (thus making the import of the watch a violation of the copyright). In short though, if a logo would qualify for copyright protection as a piece of artwork separate from its use as a corporate identifier, it is copyright protected. Nothing in the law makes the two rights mutually exclusive so many logos can and are enforced using both trademark and copyright. Logo Lawyer Free ConsultationWhen you need legal help regarding a logo, 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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Can I Divorce My Spouse If He Or She Is In Jail? What To Do If Your Spouse Delays The Divorce Process? via Michael Anderson https://www.ascentlawfirm.com/can-i-use-a-logo-for-personal-use/
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An important point for fathers to consider is that once a custody order is awarded by the court, any attempt to change it requires going back to court. Hence, it is important that you go for whatever custody arrangement you want the first time you go to court rather than assume that you can easily change it later. Doing so may be very difficult, sometimes impossible, and always expensive. Hire an experienced Tooele Utah family lawyer to represent you in your child custody lawsuit. How much time divorced fathers want to be with their children is often dependent on their opinion of their former wife as a mother. Those who regard their ex-wives as irresponsible, alcoholic, worthless mothers believe it is their mission to rescue their children. Under no conditions do they want their ex to have custody. Others consider their former wives to be great mothers and that their children are best served by being with them. Regardless of the reason, mothers end up with primary custody considerably more often than fathers. Fathers who can’t imagine not being able to see their children on a daily basis and who are adamant about being actively involved with their children will want to go for either full or joint custody. Giving custody to the mother will simply not do, as the father will be relegated to the role of “visitor” for his children. But, as we have seen, the father must be interested and willing to make the necessary sacrifices in terms of his work, personal life, and sleep. Yes, parenting is exhausting. A number of other factors influence how involved divorced fathers want to be in their children’s lives. Fathers who resolved their differences with their former spouses through mediation are much more likely to want to see their children than are fathers who fought with their former wives in court. The bitter experience of litigation sometimes makes the fathers so angry that they avoid seeing their ex-wives and kids altogether. Also, in litigated custody cases, the mother is usually also angry at the father and may try to get back at him by turning the children against him. When he picks up the kids, he feels their coolness, which dampens his interest in being with them the next time. Primary CustodyDivorced fathers are rarely granted primary physical custody (1 chance in 10) and the newly separated father should not assume that he will be the lucky one. Unless he can demonstrate that he has been the primary nurturing parent for the children since birth, most attorneys will advise that he is wasting time and money to pursue primary custody. In addition to being aware that your chance of being granted primary custody is low, you should keep three other factors in mind. First, if you lose your bid for primary custody, you are likely to end up in a worse situation in terms of visitation, child support, and property settlement than if you had sought joint custody or allowed your former spouse to have primary custody. This is because her lawyer will use all of the legal weight against you to crush you and back you off. If the judge decides against you, he or she could order limited visitation, high child support, alimony, and a biased property settlement. Second, a court trial over custody is likely to end any possibility of an amicable relationship with your former spouse forever. Once you turn lawyers loose on each other, the emotional trauma stays with you forever, and you blame it on each other. Third, your children may be brought into court to testify. This will also be a traumatizing event for them as both lawyers will try to confuse them and twist their testimony on the stand against the other parent. Your children can blame you for putting them through this ordeal so keep this in mind. Finally, your experienced Tooele Utah family lawyer emphasize the theme that the most important custody issue in the trial is the psychological need of the child to live with the father. The mother’s need for the child is an irrelevant legal issue. Your Tooele Utah family lawyer will convince the judge or jury that you are the primary psychological parent of the child and that it is in the child’s best interest to live with you. Joint CustodyJoint legal custody means that both parents have equal legal authority and control over the educational, medical, and psychological decisions that affect their children. Joint physical custody refers to where the children live and means that each parent has the children half of the time. Good Motives for Wanting Joint CustodyThere are at least four good motives for wanting joint custody. Love and Desire to Be with Your ChildrenProbably the best motive for wanting joint custody of your children is your love and desire to be with your children and your insistence that you will be an active and equal participant in your children’s lives. Such an interest suggests that you have had this role throughout their lives. If you have not been in the active role of coparent and suddenly decide that you do want that, your motives are suspect. Feeling that Your Children Will Benefit from Time with YouOther fathers seek joint custody because they regard themselves to be wonderful parents whose children benefit from being with them. They feel that the more exposure their children have to them, the better. These fathers do not seek sole custody, as they also regard their ex-wife as a good parent around whom children also benefit. In effect, they believe that their children are fortunate to have two loving parents and want them to benefit from each. Protection from Inept MotherOther fathers may seek joint custody believing that the less time the children live with their mother, the better. In effect, they are attempting to rescue the children from their former spouse, whom they view as a negative influence on the children. The father may also believe that he can’t win sole custody so his next best option is joint custody. Such fathers usually view mothers as having any of several liabilities: They are preoccupied with their career and neglect their children, they abuse alcohol or other substances around the children, or they have very poor judgment. An example of the latter is the mother who left her 3-year-old locked in the house while she went to the grocery store. Questionable Motives for Wanting Joint CustodyThere is also a dark side to the motives of some fathers who seek joint custody. If you are the mother in a child custody lawsuit, speak to an experienced Tooele Utah family lawyer before agreeing to joint custody. Better Division of PropertyAmong the suspect motives is using the threat of joint custody to get a more favorable division of property settlement. Judges who give mothers custody of the children also tend to give them the house. Fathers who convince judges that they deserve joint custody end up getting a better division of property as the housing and standard of living of the father must also be considered. Lower Child SupportSome fathers use joint custody to pay less child support. If their former spouse is awarded primary physical custody, the judge will require the father to pay heavy child support because the law assumes that she will bear the expense of taking care of the children. But with a joint custody arrangement, the expenses are shared and the justification for the former spouse getting a big child support award vanishes. The problem with this motive is that everyone may lose. The father really does not want to take care of his children, the mother has more limited resources to do so, and the children end up living with an irritated father and an impoverished mother. GuiltA less deceitful but still suspect motive for wanting joint custody is feeling guilty for ending the marriage and leaving the children in the lurch. Fathers sometimes feel that having joint custody will show the children that they still love them. The problem with this course is that if the father wins, he is often unprepared for the role of an active father. He may have been the traditional father who let his wife do most of the parenting work, which means that he has no skills in terms of how to take care of children. If he is awarded joint custody, the children may lose in living with a father who doesn’t know how to take care of them and who is frustrated by their interference in his work/career. Get Back at the Former SpouseFinally, some fathers use joint custody to get back at their ex-wife. The father may have no real interest in having the children with him half of the time except that he is keeping them away from (and thereby hurting) his former wife. In effect, he is using joint custody to punish her. Don’t let this happen to you. Seek the assistance of an experienced Tooele Utah family lawyer before agreeing to joint custody. The lawyer will review you case and advise you on whether joint custody is in your interest or not. Sometimes it makes sense to fight for sole custody of the children especially if your spouse is planning to use the joint custody arrangement to get back at you. Benefits of Joint CustodyChildren want their parents to stay married because it maintains ready access to each parent. Children of married parents go to bed and wake up with their parents in the house. When divorce occurs and one parent is awarded custody, the other parent (usually the father) is no longer in the house and the children may be uncertain when they will see him again. Although joint custody still means that the child wakes up in the house with only one parent, there is equal time between parents. Just as soon as the children tire of being with one parent, it is time to go and stay with the other parent. Psychologically, the children remain connected to both parents. The ability to see each parent as much as they choose is a big advantage for kids whose parents divorce, and perhaps the primary benefit of a joint custody arrangement. Other positives derive from joint custody. Fathers who see their children regularly are happier about their relationships with their children and this translates into paying child support more regularly. Another positive consequence of joint custody is that fathers have more input into the decisions that affect their children. In sole-custody situations, the mother can effectively cut out the father from medical, educational, and religious decisions concerning the child. For example, as a joint- custody parent, you have the legal right to be involved in your child’s educational and medical decisions. As a noncustodial father, you have no legal rights and your former spouse can schedule surgery for your children if she wants to without consulting you. One father said that his ex- wife wanted to put their son under the knife for a knee problem. The father had joint custody and insisted on another opinion. The son did not have the operation and was fine. Joint custody gives the father not only more physical presence in his children’s lives, but also more involvement in their development. For example, the mother may disregard the value of karate or scuba diving as activities that would be beneficial to the children’s development. Fathers, on the other hand, may hold very strongly that the confidence-building and risk-taking aspects of the various activities are valuable and that such exposure would be important to the children. Both parents bring to the child more than either could alone. An experienced Tooele Utah family lawyer can help you get joint custody of your children. Tooele Utah Family Lawyer Free ConsultationWhen you need legal help with a family law matter 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
Ascent Law LLC
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How Can I Stop My Home From Foreclosure? via Michael Anderson https://www.ascentlawfirm.com/family-lawyer-tooele-utah/ I recently read a story of a woman called Rebecca, a middle aged woman who is recently divorced. She had been married and lived with her husband for 25 years. Rebecca had actually been unhappy in her marriage for the past few years but did not expect anything like a divorce. Fortunately or unfortunately, her husband told her that she was in love with another woman and wanted a divorce. She had already gotten used to her unhappy life and its routine. She was really surprised by the divorce announcement and had no idea that her husband had been cheating on her. She is currently living all alone and uncertain of what will become of her life. It is good that her family and friends are giving her support with her children living close to her. Rebecca is working as a part time employee at the same job which she has being doing for seven years. She is financially stable but not as happy or comfortable as when she was married. Putting the story aside, I would like to major on divorce in the middle ages. In the middle ages, Church courts dealt with all matters concerning religion including marriage, divorce and the punishment of extramarital affairs. Even after the Reformation, whereby protestants were leaving the roman Catholic teachings, Church authority over marital conflicts continued until 1857. The current divorce which is in our modern world did not exist in middle age. The term divorce is used here to mean nullification which is marriage being declared invalid. The number of divorce cases were very small during this period. Under middle age Church law, there were only a few reasons which allowed a couple to divorce. They included: a.) If one of the parties had an agreement of marriage with another person. b.) If there was a blood or spiritual relation between the individuals, for example cousins who do not know each other or even god parents. c.) Impotence – whereby the man is not able to have an erection or reach orgasm. d.) If fear or force was used to get permission for marriage. e.) Crimes such as infidelity. f.) Marrying a person who is underage. g.) Marriages that were done secretly – mostly if couples elope. h.) Marriages in which individuals enter into with behavior intended to deceive others, maybe for personal gain. Many people did not take their case to church court during the middle age due to lack of sufficient evidence. Without evidence it is difficult to prove that the other party is guilty. In addition to that, insufficient funds was also a hinderance. Without money you could not be considered. The marital issues among the people belonging to aristocracy were mostly well filed or documented since they had enough money to go through the whole process of divorce which was costly. It is good to see how much divorce cost during the middle age. For instance, in 1531, the divorce between Elizabeth and Henry Savill accrued fees of £20. In today’s money, this would amount to about £7,000. Since this money was too much for people from humble backgrounds, they would just solve marital conflicts on their own by even choosing to live separately. Women rights in the middle agesLower-class women were bakers, brewers, milkmaids, barmaids, artisans, weavers and, primarily, tenant farmers. They worked alongside their husbands and children in the fields during the middle ages.. The feudal system dictated that the land belonged to the lord. The lord could rent it to his tenants the serfs who had the lowest social class. After renting land they were bound to that land. The lord controlled every aspect of the serf’s life. He would also control a man’s wife and daughters. Decisions of who the Lord would marry were decided by the lord, not the girl’s father, because it was assumed that the daughter of a serf basically belonged to the lord, just as her parents were. Once the girl was married, her husband controlled her interests and was responsible for her actions and, for this reason, women are not mentioned as often as men in legal matters in the Early Middle Ages. The woman’s husband would be sued if a woman went beyond limits, not the woman herself. The woman’s job was to take care of the home, help her husband at his work, and produce children. Some research has been done recently on divorce in later adulthood considering the fact that the divorce rate for people aged 50 and above has increased between 1990 and 2010. In 2010 a quarter of the divorces in the United States were among couples who have 50 plus years. Divorce among these people with older age may have implications such as: a.) Struggling financiallyThis mostly affects women. It is unfortunate that some of them may be retired or had always been housewives. In addition to this, their education may not be up to date to enable them to get a job quickly. This may really lead to a lot of stress in the lives of these women which is really not good. b.) Change in the relationship between the parents and their adult- children.The relationship may change and interaction may decrease especially between fathers and their children. In most cases, children tend to side with the mother after divorce, especially if she is old. Children may give more support and attention to the mother as compared to the father. Another thing is that children may rely on their children for support in terms of helping them financially and have an extra burden of taking care of them. One of the parents may have been relying on the ex-spouse for support in walking or when doing his or her regular activities, but since he or she is not there the children will have to find another person to take care of the parent or even do it themselves, which really takes a lot of sacrifice. To add up, couples from long term marriages may also have other psychological problems which may affect their social life such as: 1. DepressionThis mostly affects those with past histories of depression. Depression may come as a result of fear of the unknown considering the fact that this is an old person. He or she may not be able to acquire employment and probably does not even have the strength to work on their own. If such a person starts over thinking, he or she may be stressed, leading to depression, which is really not a good sign. 2. HopelessnessA person who is old and divorced may feel like giving up since he or she may feel like they have wasted their life by making the wrong decision, which may not be the case. Life does not always give us what we expect. Even if there is no other chance for you to remarry or even regain energy to work, it is good to psyche yourself that you can make it and focus on yourself since losing hope may lead to a lot of complaining which is unnecessary. 3. AngerAfter divorce it is common that the spouses are usually angry at each other and often times blaming each other for what happened. The spouses may be angry for wasting each other’s life or time or even making each other make the wrong decisions. Anger will be there but controlling the anger is really important. 4. MourningDivorce may affect one of the ex spouse to the extent that he or she may look as if he or she is not himself or herself. Some may cry continuously for weeks, others may not eat while others just don’t speak to anyone after the divorce. Many thoughts are crossing their minds at that time and they feel like they cannot bear the pain of being left by their spouse considering the fact that they have spent the better part of their lives together. Most of them feel like they are doomed but at the end of it all there is always light at the end of the tunnel. Despite the fact that there are many challenges that come as a result of divorce especially after long term marriages, there are also solutions to those challenges. It is good to first work on yourself by using the tips below: 1. Develop your personality by being open and extrovertedThe more you talk about the divorce the faster you let go and the quicker you get over the divorce. Keeping the issue to yourself will not assist – it will in fact kill you from the inside. You should of course be careful on the people who you tell your information but do not keep it to yourself. Share it with concerned friends and family who will encourage you and make you feel loved. In addition to this they may give you other people’s experiences which may be worse than yours which will enable you to see your divorce as a minor issues and you will be able to get over it. Healing is a process, you should not expect to heal immediately but give yourself time and you will eventually see the results. 2. Engage in activities that encourage personal growthThis is the time to get up from your comfort zone and realize your worth. You may be old but that does not mean that you cannot build yourself. You can join clubs of the elderly where they socialize and empower each other not forgetting engaging in any of the constructive activities that they have. You can also visit places with your children or friends, exercise more, Buy better clothes to enhance your look and do anything that you have ever longed to do during this time. This will give you more strength and courage to face this cruel world, not forgetting that it will help build yourself. If you take this into consideration it will work wonders in your life. 3. Be resilientAfter a divorce, it is good to cry and do anything that will help you feel better about yourself but it is also good to encourage yourself that you can make it through this situation. It may not be easy to make life changes but try to have a mental attitude, telling you that you are tough and strong. Look back and see all that you overcame alone and tell yourself that you will also be able to make it through this divorce. It is always said that it all begins with our mindset. Psyche yourself, have a positive mindset and press on. 4. If you blame yourself or have negative thoughts forgive yourselfYour actions may have contributed to the divorce or you may have reacted quickly by initiating the divorce after your ex did something wrong. This is the time to really avoid negative thoughts. Keep yourself occupied so as to be able to overcome the negative thoughts and also forgive yourself if you feel any condemnation within you. With this you will be able to move on. 5. Self- Compassion will assist youThis is the act of extending compassion to yourself especially after failing. This will really help you to cope with the stressful life events. It all begins with loving and accepting who you are. You should accept your past and all your mistakes and tell yourself that you did your level best to make things work out. This is a good remedy for the pain after divorce. The fact that your marriage ended is not that easy it actually is significant. Divorce can be very stressing regardless of age or the period which you were married. Personal and social interactions are critical as they not only provide support, but also offer an opportunity for others to observe the divorced person’s mental and physical health. If the individual is experiencing weaknesses that are not declining, professional treatment, medical or mental health should be sought with immediate effect. Divorce Attorney Free ConsultationWhen you need help with a divorce or child custody issues, please call Ascent Law LLC at (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
4.9 stars – based on 67 reviews
How Can I Stop My Home From Foreclosure? How To Be The Personal Representative Of An Estate via Michael Anderson https://www.ascentlawfirm.com/did-divorce-exist-in-the-middle-ages/ The outcome of a probate litigation is determined by the evidence filed by the parties. If you are fighting a probate litigation in Utah, seek the assistance of an experienced Ogden Utah probate lawyer. Utah probate law is complex. When you file any case in a court of law, the court will investigate the case. The law has its own unique rules for factual investigation. To a scientist, a fact is that which can be empirically observed. To a lawyer in a dispute, a fact is that which can be proven to a jury or to a judge sitting as the finder of fact. Although a scientist may find it highly probable as an empirical matter that the accused was present at the scene of the crime, if a court finds otherwise, then it is a “fact” for purposes of the trial that the accused was not present. One way to keep this point in mind is to draw a distinction between evidence and facts. In a trial, evidence is the empirical information that the lawyer presents to the court. A fact is that which the court finds to be true, which may or may not be consistent with most of the evidence. Expert opinion testimony is admissible because it is thought that lay jurors can decide certain kinds of issues only with the assistance of those with specialized knowledge or training. Evidence is admissible only if it is relevant; that is, the evidence must tend to prove or disprove a fact of consequence to the action. There are complex rules that govern evidence in Utah courts. Some evidence can be excluded by the probate court in Utah. Reasons to Exclude Relevant EvidenceEven though evidence is authenticated and relevant, it may nevertheless be excluded because of concerns about its reliability or its potential to prejudice the court, or for other reasons. It may be useful to consider an example of evidence that is excluded based on each of these concerns. HearsayHearsay is the classic example of evidence excluded because of its unreliability. Hearsay is an out-of-court statement offered into evidence for the truth of the matter asserted in the statement. Because the statement was made out of court, the court cannot assess its reliability, and thus it is excluded. A statement would not be hearsay if it were offered to prove something other than the matter asserted in the statement. In the end, the hearsay rule can often be circumvented by thinking of a reason to admit the testimony other than to prove the truth of the matter asserted. Lawyers speak of this as offering the evidence for a “nonhearsay purpose,” and it is an effective way of putting before the court testimony that may be helpful to one’s case but which would otherwise be inadmissible as hearsay. It also is possible to get out-of-court statements admitted into evidence by persuading the court that the statement fits within one of the exceptions to the rule excluding hearsay. These exceptions are generally based on the idea that certain hearsay, because of the circumstances in which the statement was made, is sufficiently reliable to be admitted into evidence. For example, statements made by someone against his or her own interest can often be introduced into evidence even though they are technically hearsay, on the assumption that anyone who admits something against his or her own interest is probably telling the truth. An Example Of PrivilegeA statement made by a client to his attorney for the purpose of obtaining legal advice provides an example of evidence excluded for other policy reasons. Such a statement is a privileged attorney-client communication and is generally not disclosed to the court unless the client waives the privilege. The statement, of course, may be of enormous relevance and reliability, but the policy of encouraging people to seek legal advice by permitting them to speak freely to their lawyer is thought to outweigh the value of admitting the privileged communication into evidence. The Problem of CredibilityEven assuming that all available evidence can be brought before the court, lawyers must anticipate that the evidence on which they have based their reasoning may be disbelieved. For example, the lawyer may have advised the client that the client has a binding contract based on the client’s description of certain conversations with another party. If the court disbelieves that testimony, however, then insofar as the law is concerned, there is no contract and the lawyer’s reasoning was based on a false factual premise. If a client is trying to create the facts necessary to give rise to a right or duty, as in the case of a client who is trying to create some kind of contractual right, the lawyer must keep in mind that only those facts that can be proven to a court will give rise to the enforceable right or duty that the client seeks. Thus, lawyers often emphasize the need to enhance the credibility of the client’s version of the facts by keeping written records or having witnesses to transactions. At the same time, when the events already have occurred and the client wants simply to know the legal consequences of those events, the lawyer should be alert to the fact that legal reasoning should be based only on those facts that can be established in a court of law. One mark of a creative lawyer is the ability to marshal as many policy arguments on the side of the client as possible. A particularly strong argument is one that demonstrates that two policies that often are opposed in theory or in their consequences — such as efficiency and justice — both lead to the same result.11 This argument is especially strong because the lawyer, by finding support in both policies, in effect has neutralized one of the potential arguments against the client’s position. Two policies may operate independently of each other in consequence in a particular situation. That is, the result that furthers one policy would not necessarily further or impede the other policy. Sensitivity to independently operating policies can strengthen or add to the sophistication of the lawyer’s argument. First, an awareness that there are sets of competing policies that in their consequences operate independently of the issue to be resolved allows the lawyer to generate a variety of ways in which to fashion a result favorable to the client. The lawyer does this by considering the various permutations that are produced by different combinations of independently operating policies. The lawyer can thus present the court with several different ways in which it can rule in favor of the client. Second, once the lawyer is aware that there is more than one way to prevail, then discussion can begin with the client on whether one form of victory would be preferable to another. Perhaps the client would prefer a rigid rule over a flexible standard. Each time an alternative presents itself, there is a potential question concerning whether the alternative is preferable. Knowledge of the alternatives allows the lawyer to identify issues that might otherwise be overlooked and to determine whether the resolution of the issue matters to the client. Third, if the lawyer is aware that a particular judge is predisposed toward certain independently operating policies, the lawyer can appeal to that predisposition by adopting that policy. For example, if the lawyer is aware that a particular judge generally favors rigid rules, the lawyer may argue not only that the client should prevail, but that the relief should be cast in the form of a rigid rule, with the request for a standard as a fallback position. In that way, the lawyer identifies the client’s claim with policies that the court is known to favor, even though as a practical matter those policies are irrelevant to the merits of the claim. Another factor influencing policy judgments is the philosophy of the individual judge deciding the case. Specific judges accord greater weight to some policies than to others and, in doubtful cases, are likely to decide the dispute in the way that furthers the policies they prefer. The precise facts of the situation giving rise to the dispute also affect which result will prevail. This is so because the relationship between ends and means varies with the situation. Accordingly, as the circumstances change, the total policy benefit derived from each result changes. Different results thus seem preferable under different circumstances. A final factor included within the context is the existence of binding precedent and, to a lesser extent, persuasive authority from other jurisdictions. In the great majority of cases, courts decide disputes in a way that they can plausibly describe as consistent with applicable precedents. If the precedents have regularly given preference to one policy over the other in a given situation, it becomes more difficult for the court to reverse the preference in a similar situation and still maintain that it has followed the law. Where the lawyer is counseling a client, the lawyer can make clear that more than one outcome is possible and explain the considerations that would militate in favor of each. The lawyer’s knowledge of the prevailing policy preferences of the local courts may assist the lawyer in estimating the probability that a court would reach any given result. Where the lawyer is an advocate, the lawyer is expected by the norms of the profession to urge the court to prefer those policies that will lead to the result most favorable to the client, regardless of the lawyer’s personal preferences. Utah probate law is complex. Not only will the probate court consider the Utah probate statute, it will also take into consideration the policy underlying the statute. The court will also take into consideration precedents. An experienced Ogden Utah probate lawyer is aware of the policies behind the Utah probate statute and the precedents that can be applied to your case. This is something which you may never be able to do on your own no matter how much research you do. An experienced Ogden Utah probate lawyer is a professional and as such is aware of the law. Ogden Utah Probate Lawyer Free ConsultationWhen you need legal help with a probate case in Ogden Utah, please call Ascent Law 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
What Qualifies You For Alimony? via Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-ogden-utah/ Although foreclosure can be of the most lucrative opportunities that investors, as well as first time house buyers, it can be a problem for an average house owner. I’ve written about stopping foreclosure before here and in other places. Most often, foreclosed house can be very depressing to owners as their homes have become a big part of their lives and families. On the other hand, you can avoid foreclosure of your house if you try to work things out with your lender in terms of your budget and financial capabilities we understand that being in foreclosure is a scary thing. You are probably wondering how you can stop your house from going into foreclosure. There are many options available when facing foreclosure. This may include reinstating the loan, forbearance, loan modification, mortgage refinancing, sale of the property, deed instead of foreclosure, or bankruptcy filing. There are also many services that will work you to help with your situation. These companies can tailor a plan specific to your needs. It is most important to know that time is the worst enemy when facing foreclosure. Even if you are just one payment behind, you should do something rather than wait until you are left behind. This may sound like common sense, but many people fail to do something and pretend like nothing is wrong. Now, more than ever, people facing foreclosure need to be able to fin legal help to stop foreclosure and they need to do it immediately. Many lawyers and companies are offering assistance, but your guess is as good as mine, as to whether it’s a scam or not. No one has list of good companies and bad companies, so how are people facing foreclosure supposed to know who to turn to for assistance? Unfortunately, many families are in extremely worried about being unable to make their monthly mortgage payments, which can lead to foreclosure. None of us want to think that we will ever have to deal with foreclosure, but unfortunately, it can happen to anybody when they least expect. It is terrifying to think that your home could be at risk, so it is extremely important as a house owner to understand just how important this is and do everything important you can do to make sure it doesn’t happen to you. If you search the internet, you will find many websites that give you the information you need to make sure that you and your family never have to go through this. If you ever feel as though you could be at risk of losing your house to foreclosure, then you absolutely must do everything you can to avoid it. Try talking to your loan company or somebody else that could help so that you can evaluate your options. The last thing you should do is start avoiding their phone calls and ignoring them as this will increase the chances of your home being foreclosed. Unique features of Home foreclosureLow asking price – the primary reason behind the popularity of home foreclosures are their low asking price. Foreclosed house are usually available at great discounts ranging from 20-50% lower than prevailing market prices, which make homes in foreclosure a great business. Diverse foreclosure houses for saleWith large number of home foreclosure flooding the real estate market, the buyer has a wide range of cost efficient house in foreclosure to consider ranging from small family houses to large properties in prime locations. Short salesTo avoid the added costs of the house foreclosure process, bank sell the seized properties in pre-foreclosure though short sales at a significant discount. Foreclosure rates are rising quickly because of the slow economy and the financial problems people are having. They didn’t think they would ever find themselves trying to stop foreclosure on their property. People are forced to figure out which bills to pay and which to ignore. House foreclosure problems occur when people start missing mortgage payments and their lender starts calling. You need to know that you can stop it. You do not have to lose your house. Taking steps necessary to prevent foreclosure is not that hard. Following the steps listed below will make your experience of searching for foreclosure homes relatively easy while ensuring you are safe and satisfactory purchase through foreclosure house: AssessThe number one mistake many owners make when facing foreclosure is denial. Most owners do not stop house foreclosure simply because they are too embarrassed or upset to look at foreclosure directly. They would prefer to ignore collection calls and letters rather than face the real deal. If you avoid this one issue, you can often stop house foreclosure quite merely. As soon as you realize you may have problems paying your loan for a month or two, contact your lender and work out a payment schedule or solution. Depending on your situation, the lender may give you more time to pay, might work out a payment schedule so you can stop foreclosure, or buy it from you in exchange for forgiving the loan. The fact is, the lender only wants to get the money owed to them. Keeping the lines of communication open between you and the lender can help ensure that you stop the foreclosure process, simply because the lender will be reassured that you are responsible for your financial problems. If you stay in foreclosure by working out a solution with your lender, you will get peace of mind as well as a decent credit rating. Alternate FinancingMost house owners face foreclosure simply because they cannot afford their home loan. In some cases, this is because the house loan is too large for their income. In other cases, it is merely because of an event, sudden illness or loss of job for example, have left them unable to pay. Fortunately, if your house loan bills are too high, there are several things you can do to stop home foreclosure. Refinance with your lender – Your lender might be willing to refinance your current loan, giving you a long term and smaller monthly payments so that you can afford your payments. Find a passive income – Renting part of your house of finding another way to make money over your regular income can help you make your mortgage payments on time and stop foreclosure. Liquidate assets – Selling your property or other assets can help you pay off your debts and arrears, stop foreclosure, and get back on track financially. Find refinancing from different lenders – There are many lenders out there competing for your business. Some may be willing to offer you refinancing. Even though you will pay by stretching out your loan, you can stop foreclosure by making your payments affordable again. Find alternate waysIf you face a difficult situation in which you’re unable to pay your mortgage in the long term, either refinancing or talking to a lender might help. In such situation, you may need to bring in third party investors to stop. By offering your house for sale, you can likely make some money, preserve your credit card rating, keep your home equity and stop foreclosure as well. In some cases, you can even keep your house. If you cannot pay your mortgage, then letting go of the house as early as possible might be the best solution. You might be able to get out of the financial situation you’re in by selling the house for enough money to pay the mortgage company and still have some money left to start over again. This is an excellent way to stop foreclosure and better your financial situation. Another way is to cut your spending down to the minimum. If you can cut back your spending, you will be able to avoid selling the house you love. If you are self—employed, one way to save money is stop renting an office and make an office in your house. You can also consider selling the cars and having just one. You can certainly take several actions aimed at preventing foreclosure. It may surprise you to learn that merely contacting your mortgage company and speaking to them about your current situation can help. Most times they will be willing to work out a way forward for you, such as agreeing with a payment arrangement or even allowing you to skip a month or two to give you some breathing space. This will enable you to catch up on the monthly payments that has been causing you so much stress. On the other hand, you can avoid foreclosure if you try to work out things with your lender in terms of your budget and financial capabilities. Do not bury your head by keep missing payments and avoiding phone calls. Just give them a call today and try to work some things out and make sure you speak with an expert. Foreclosure Lawyer Free ConsultationWhen you need legal help to stop a foreclosure in Utah, please call Ascent Law 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
Criminal Defense Lawyer Woods Cross Utah Financial Planning After Divorce via Michael Anderson https://www.ascentlawfirm.com/how-can-i-stop-my-home-from-foreclosure/ In any construction activity, delay can play an important role. This has to be factored in when you are preparing the construction contract. Always hire an experienced Orem Utah real estate lawyer to prepare your construction contract. At Ascent Law, we can help you with quiet title actions, boundary disputes, adverse possession, evictions, and more. In a construction contract, there should be a clause on excusable delay. Delays in contract performance can be caused by a wide variety of factors, both excusable and unexcusable, resulting in either late completion or increased costs, or both. The Excusable Delays clause provides that, except for defaults of subcontractors at any tier, the contractor shall not be in default for any failure to perform the contract if the failure arises from causes beyond the control and without the fault or negligence of the contractor. Examples of such causes include acts of God or of the public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. As to performance failures of subcontractors at any tier, the contractor shall not be in default if the cause of the failure was beyond the control and without the fault or negligence of either the prime contractor or the subcontractors. The delay is not excusable as to the prime contractor if the contracted supplies or services were obtainable from another source, or if the Contracting Officer ordered the contractor to obtain the supplies or services from another source and the contractor failed to comply reasonably with that order. If the completion date was delayed by the inability of the contractor or his subcontractor to procure necessary materials, through a failure either to obtain timely commitments or to ascertain the availability of such materials prior to the submission of the bid, that is a matter for which relief cannot be granted even in equity. A prime contractor is excused from nonperformance or delays, to the extent that they render performance impossible, caused by defaults of subcontractors or suppliers if such defaults cannot be charged to the fault or negligence of the prime contractor, and it is immaterial whether or not the default of the subcontractor can be placed under one of the enumerated causes of excusability because such causes are illustrative and not exclusive. A prudent contractor, in preparing bids for the commencement of work within a specified period and for the completion of the same within certain stipulated days thereafter, normally considers the weather conditions that ordinarily prevail during such season of the year at the site of the work. Inasmuch as weather conditions could adversely impact on the ability of a contractor, particularly a construction contractor, to perform, contractors are expected to include time in their bids or offers for foreseeable weather delays. However, notice of lost time due to adverse weather conditions is not the same as notice of an excusable delay due to unusually severe weather because the property owner has no information as to what was foreseeable by the contractor. The term “unusually severe weather” does not include any and all weather that prevents work under the contract, but only means weather surpassing in severity the weather usually encountered or reasonably to be expected in the particular locality and during the same time of year involved in the contract. It must be weather that could not have been reasonably anticipated and that impeded performance over and above the amount that work would been impeded in a normal year. But the mere fact that the weather was cold enough to make performance of the work substantially more expensive than at other seasons of the year is not sufficient to substantiate an excusable delay, unless the contractor demonstrates that the weather was unusual. ACTS OF GODThough rarely invoked as an excusable cause of delay, an act of God may occasion performance failures. STRIKESA contractor will not be automatically excused from performance merely because he establishes the existence of a strike. It must also be shown that the delay caused by the strike was beyond the control and without the fault or negligence of the contractor. He will not be excused where the strike resulted from his own unfair labor practices. Even if a contractor bears no initial fault for a particular cause of excusable delay, he must mitigate the effect of that delay. He cannot allow a possible cause of delay to develop, but must take such action as is reasonably available to him to prevent the delay. Therefore, if the strike involved a subcontractor or supplier, and if the contractor could have obtained the required supplies or materials from another source, but elected not to do so because of higher prices, he will normally not be excused. Similarly, the contractor will not be excused if he could not obtain the supplies delayed by the strike because he failed to place the order in a timely manner. LACK OF ADEQUATE FINANCINGIt is well settled that the contractor has the responsibility of either having adequate capital or having a reasonably established arrangement for obtaining the necessary capital required for contract performance at the time of contract execution. This does not mean that the contractor must have on hand the cash reserves to finance the entire cost of performance. Rather, the contractor must have available reasonable financial resources in the light of business customs and practices to finance the expected cost of production or performance. Where the cause of the contractor’s inability to perform lies solely in a conspicuous undercapitalization of the corporation with relation to the obligation it undertakes under the contract, rather than deriving from a contingency beyond its control, such undercapitalization is not a circumstance beyond the contractor’s control as to be within the purview of any force majeure clause. If the contractor’s financial condition was such that attempted performance of the contract would have rendered him hopelessly insolvent, or even an adjudicated bankrupt, he is not excused from the default in contract performance as a matter of law. Actual bankruptcy, or threat of the same, is no excuse for nonperformance under the Default article and does not relieve the contractor from liability for excess costs of reprocurement. Bankruptcy, insolvency, or undercapitalization cannot be considered as a cause for nonperformance beyond the control and without the fault of the contractor. Constructive ChangeBy definition, a constructive change arises from either the conduct or the fault of the property owner. Conduct, circumstances that compel the contractor to accomplish work not called for by the contract, instructions (oral and written), and acts or omissions by the property owner that are of such a nature that they are inferred as having the same effect as the issuance of a formal change order are construed as constructive changes. The doctrine is based on equitable tenets and recognizes that an informal requirement (i.e., one not formalized by the issuance of a change order) for the performance of additional work under a contract is substantially equivalent to a formal requirement and must therefore be governed by similar principles. Stated differently, any conduct by the property owner that is not a formal change order, but that has the effect of requiring performance different from that prescribed by the original terms of the contract is a constructive change. When a property owner, by his conduct, causes a contractor to perform changed work, such conduct may form the basis for a claim by the contractor. If the property owner compels the contractor to perform work not required by the contract, his order to perform, even if oral, constitutes an authorized, but unilateral change in the work and entitles the contractor to an equitable adjustment in accordance with the Changes provision of the contract. ELEMENTS OF A CONSTRUCTIVE CHANGEThe constructive change doctrine is made up of two elements: the “change” element and the ‘order’ element. To find the change element, actual performance must be examined to determine whether it went beyond the minimum standards demanded by the terms of the contract. The order element is also a necessary ingredient in the constructive change concept. To be compensable under the Changes clause, the change must be one that the property owner ordered the contractor to make. The property owner, by his words or deeds, must require the contractor to perform work that is not a necessary part of his contract. This is something that differs from the advice, comments, suggestions, and opinions that property owner frequently offers to a contractor’s employees. And this is especially so where the contract standards are broad prescriptions of the performance specification type that give the contractor a wide measure of discretion in designing and manufacturing the end item. DEFECTIVE SPECIFICATIONSThe cornerstone of the construction contract is the specification, with its applicable descriptive material, on which the basic issues of pricing, performance, and contract terms and conditions are founded. The objective of the specification is to establish (1) a description, or specification, of the supplies or services being acquired; (2) criteria for inspection and acceptance of the work; and (3) a base line for performance on which initial pricing and schedule are predicated. Obviously, the adequacy and clarity of the specification are of paramount importance to both parties. It is a basic tenet of contract law that a contract must be read as a whole and in its entirety. It is equally elementary that meaning must, if at all possible, be given to the language employed in the contract and that the proper interpretation of a provision is a question of law. Technical words and words of art are given their technical meaning, unless the context or a usage that is applicable indicates a different meaning. One primary purpose of interpreting a contract in this manner is to ensure that no word is rejected, treated as a redundancy, or assumed to be meaningless if any meaning that is reasonable and consistent with the other parts of the contract can possibly be given to it. Moreover, an interpretation that gives a reasonable meaning to all parts of an instrument will be preferred to one that leaves a portion of it useless, inexplicable, inoperative, void, insignificant, meaningless, or superfluous; nor should any provision be construed as being in conflict with another, unless no reasonable interpretation is possible. If some substantial provision of a property owner-drawn agreement is fairly susceptible of a certain construction and the contractor actually and reasonably so construes it in the course of bidding or performance, that is the interpretation that will be adopted–unless the parties’ intention is otherwise affirmatively revealed. This rule is fair to both the drafters and those who are required to accept or reject the contract so proffered without haggling. Although the potential contractor may have some duty to inquire about a major patent discrepancy, or an obvious omission, or a drastic conflict in provisions, he is not normally required (absent a clear warning in the contract) to seek clarification on any and all ambiguities, doubts, or possible differences in interpretation. The property owner, as the author, has to shoulder the major task of seeing that within the zone of reasonableness the words of the agreement communicate the proper notions–as well as the main risk of a failure to carry that responsibility. Always ensure that your construct contract is prepared by an experienced Orem Utah real estate lawyer. Orem Utah Real Estate Attorney Free ConsultationWhen you need help with real property in Orem Utah, please call Ascent Law 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
What Estate Planning Documents Do I Need? Criminal Defense Lawyer Woods Cross Utah Do I Need A Family Lawyer To Get Divorced? Tax Incentives For A Charitable Remainder Trust via Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-orem-utah/ Alimony is money that one spouse pays to the other for support during the divorce process or for some period of time following a final divorce. Courts generally require the higher earner whether that is the husband or the wife to assist the lower earner in maintaining the marital lifestyle for at least some period of time following a divorce. Types of Alimony
Factors in Need and Ability to Pay The court begins making decisions on a request for alimony by considering the facts of the case to determine whether the spouse requesting alimony meets the standard to show the alimony is necessary. If there’s a need for alimony, the court has to also determine whether the other spouse has the ability to pay. Unless there are some kinds of exceptional circumstances, a court won’t award alimony if it would leave the paying spouse with significantly less net income than the recipient. A judge who finds both need and ability to pay next must consider all relevant factors in deciding what type of alimony to award and for how long. These factors include:
A court may also consider whether either spouse committed adultery during the marriage, and under what circumstances. Courts are most likely to take adultery into account when one spouse’s affair caused the other financial harm. For example, if one spouse bought lavish gifts for a paramour using marital funds, the court might factor that into the alimony award. Utah law applies certain presumptions with regard to length of marriage and eligibility for permanent alimony. Following a marriage of at least 17 years, a judge may award permanent alimony if such an award is appropriate in light of the above factors. After a marriage of between 7 and 17 years, there must be clear and convincing evidence of appropriateness to justify the award. After a marriage of less than 7 years, permanent alimony is appropriate only in exceptional circumstances. A marriage lasts until the spouses actually file for dissolution, not when they informally separate or stop living together. Modification or Termination Unless the spouses have made a specific written agreement about when alimony ends or under what circumstances it can be modified, when and how an alimony award can be modified depends on the type of alimony.
Both durational and permanent alimony end automatically if the recipient remarries or if either spouse dies. A court can also modify or terminate an award of permanent alimony if the recipient lives with an unrelated person in a supportive relationship. The spouse asking for a modification on this basis must prove the supportive nature of a relationship. The court will find consider the following:
Requirements For Alimony There are certain requirements for Alimony, or spousal support, which is something given to one ex-spouse by the other ex-spouse in the form of monetary support. It’s meant to provide the spouse that doesn’t make as much money with the money for living expenses over and above what is also provided by the higher income spouse in the amount of child support, if child support is provided. A judge will determine how much if any money is going to be provided by one spouse to the other. Several factors go into play as the judge makes his or her determination.
If you file a joint tax return with your ex-spouse, you can’t claim alimony as a tax deduction for that year. You and your ex-spouse can’t live together and call any support you pay alimony. And even live in separate quarters within the same residence, by the way. You must have separate quarters under different routes. When the marriage ends, many women look to cash in that insurance policy in the form of alimony. There are always things men can do to reduce or even eliminate alimony. You can win alimony battles if you use a proven strategy and know how the game is played; often without going to court. With a good strategy, it’s possible to negotiate your alimony down to zero! A spouse may have to pay spousal support if such payment meets one or more of the main purposes of spousal support set out in the Divorce Act. They are:
At the same time, spouses who receive support have an obligation to become self-supporting where reasonable. When a married couple divorces, either spouse can ask for spousal support under the Divorce Act. In most cases, spousal support is requested by the spouse with the lower income. In each case, a judge must consider several factors to determine if spousal support should be paid, including:
When ordering spousal support, the courts will apply either the Divorce Act, which is a federal Act, or the Family Law Act, which is specific. The objectives of each act are similar, and include:
These Acts state that spousal support should not be a factor in awarding spousal support. The payment of support is not intended to be a form of punishment. When the courts determine if spousal support is appropriate to order, they take into account several factors. For example, these factors include:
The above factors are taken into account in all cases. If the couple is not applying for spousal support as part of a divorce, such as when applying after the end of an Adult Interdependent Relationship, the Family Law Act will apply. In that case, the court takes into account the following additional factors into consideration when making a ruling:
Both the Divorce Act and the Family Law Act give child support a higher priority than spousal support. If a spouse cannot afford to pay both, it is the spousal support amount that the courts decrease. At the same time, child support is not a replacement for spouse support. Alimony Attorney Free ConsultationWhen you need help with alimony or spousal support in Utah, please call Ascent Law at (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
4.9 stars – based on 67 reviews
Bankruptcy Lawyer South Salt Lake Utah What Estate Planning Documents Do I Need? Lawyer For Excessive Use Of Margin via Michael Anderson https://www.ascentlawfirm.com/what-qualifies-you-for-alimony/ Certain sexual conduct between adults and minors is classified as statutory rape without regard to the defendant’s belief as to the victim’s age and/or whether the victim consents to the conduct. Historically, statutory rape laws were enacted to protect the chastity of young women, although today the statutes are applied equally to protect young men. Despite the modern gender-neutral interpretation and application of statutory rape laws, the historical purpose behind the statutes and their gender-specific application continues to influence both public opinion and judicial outcomes in certain cases. If you have been charged with statutory rape, contact an experienced Wood Cross Utah criminal defense lawyer immediately. Solicitation of a CrimeOccasionally, individuals planning criminal activity do not intend to personally commit the unlawful act. Instead, they intend to solicit and encourage others to carry out the criminal conduct. A person who solicits, urges or encourages another to commit an unlawful act has gone beyond the stage of simply having bad thoughts and into the realm of acting upon those thoughts. The act of soliciting another to commit a crime, although still part of the preparatory or planning stage of criminal activity, rises to the level of criminal conduct. Two questions that often arise in the area of criminal solicitation are: Why does the criminal law punish individuals for soliciting others to commit crimes? Isn’t solicitation really just another form of expressing “bad thoughts,” which is not punishable under the criminal law? The rationale for punishing the crime of solicitation is threefold. First, as in the example, if there is evidence of intent and sufficient conduct in furtherance of that intent, then those who solicit others to engage in criminal conduct have exhibited a level of dangerousness sufficient to pose a genuine threat to society. Second, if one of the goals of criminal law is deterrence, then punishment of those who solicit others to commit crimes as soon as they have reached a level of dangerousness sufficient to society will deter others from planning, preparing or soliciting others to engage in criminal conduct. Lastly, law- abiding citizens should not have to fear being subjected to the continual solicitations and urgings of those who would like to engage in criminal conduct. As a prerequisite for the crime of solicitation, the person being solicited (the “solicitee”) must understand that she or he is being asked to engage in criminal conduct and ultimately refuse to go along with the plan. Typically, the solicitee is the only witness to the transaction; if she or he does not interpret the request of the solicitor as an urging to engage in criminal conduct, then there is little chance that the solicitor’s conduct will be reported to authorities. Similarly, the solicitee must ultimately refuse to engage in the criminal conduct because, again, there is little chance that the solicitee will report the conduct to authorities if he accepts the solicitation and agrees to carry out the plan. In fact, if there is an agreement by the solicitee to carry out the criminal conduct, then the crime is no longer solicitation and becomes instead the crime of conspiracy. Since it is not a crime to have bad thoughts or merely to discuss those thoughts with others, one difficulty associated with the crime of solicitation is proving the solicitor’s intent to encourage another person to engage in criminal conduct. The “Innocent Instrumentality”Sometimes a person contemplating criminal activity procures the assistance of another through deception. If the person actually committing the crime is, for whatever reason, unaware that he or she is engaging in criminal conduct, then that person is considered an innocent instrumentality of the solicitation. Not being aware that he or she is engaging in criminal conduct, the innocent instrumentality does not possess the necessary mental state for criminal liability. The solicitor is, however, criminally liable for the conduct of the innocent instrumentality. ConspiracyThe crime of conspiracy requires an agreement between two or more parties to commit an unlawful act and the commission of an overt act in furtherance of the agreement. Like the crime of solicitation, the conduct examined in conspiracy cases takes place before the actual commission of the criminal offense. Once again, the critical question involves determining when the preparatory conduct has gone beyond merely having bad thoughts and into the realm of acting upon those thoughts. In the area of conspiracy, the requirement of an overt act in addition to the conspiratorial agreement provides some circumstantial evidence that the parties have reached a sufficient level of dangerousness (i.e., gone beyond mere bad thoughts) to warrant punishment for their conduct. One reason for punishing conspiratorial agreements is the concern that when people come together and agree to engage in criminal conduct, there is a greater likelihood that their goals and objectives will be accomplished. They are more likely to be overcome by a “mob mentality” from which they can derive the necessary moral support to carry out their criminal activities. The three major issues that arise when examining the crime of conspiracy involve defining the parties to the conspiracy, measuring the scope of the conspiratorial agreement and determining when the conspiracy terminates. A conspiratorial agreement can be written, verbal or implied by conduct. Because a conspiracy involves an agreement between parties, in some instances simply identifying the parties who have actually agreed to engage in the unlawful conduct will reveal the parties to the agreement. When the conspiratorial agreement is implied by conduct, however, it becomes more difficult to determine the participants in the conspiracy. The Unlawful Act RequirementA conspiracy involves an agreement between two or more persons to commit an unlawful act. In most instances, the unlawful act that serves as the objective of the conspiracy must be a crime. However, a small number of jurisdictions permit a charge of criminal conspiracy when the objective of the conspiracy would not be criminal if one person engaged in that conduct. For example, some statutes make it a crime for two or more persons to conspire to damage a person’s reputation or business or commit acts that injure the public health or morals. If done by one person, such conduct would not be criminal, although it might raise questions of civil liability. But if two people agree to damage another’s reputation, then they may be charged with the crime of conspiracy. One fundamental problem that arises when basing a charge of conspiracy on conduct that is not inherently criminal is fair notice to citizens as to the potential for criminal liability. More specifically, if the unlawful act is not criminal when committed by one person, is it fair to subject individuals to the stigma and punishment associated with criminal conduct simply because two people agreed to engage in that same conduct? This potential for unfairness has led many jurisdictions to limit liability for conspiracy to instances when the unlawful act is itself a crime. The Scope of the Conspiratorial AgreementConspiracy is a specific intent offense. This means that the defendants must consciously set out to engage in specific unlawful conduct. The scope of the conspiratorial agreement is measured by what the parties specifically intend to accomplish as their overall objective as well as any other unlawful activities that are necessary to carry out their criminal objectives. The scope of a conspiratorial agreement can change over time and may encompass additional “sub-agreements” necessary to achieving the overall objective. Withdrawal from a ConspiracyEven though a conspirator has explicitly or implicitly agreed with another to commit an unlawful act, he can nevertheless withdraw from the conspiratorial agreement and avoid some criminal liability if the withdrawal is done in a timely and effective manner. To withdraw from a conspiratorial agreement, a conspirator must convey his desire to withdraw to all of his confederates. He must provide effective notice that he no longer supports the criminal objectives and voluntarily remove himself completely from the criminal association. Additionally, some jurisdictions require that the conspirator give notification to law enforcement authorities as further evidence of his intent to impede the successful commission of the unlawful objective. To abandon a conspiracy, a conspirator must do more than simply withdraw from it. He must completely and voluntarily abandon the goals of the conspiracy and take affirmative steps to impede the success of the conspiracy. Abandonment, if effective, relieves the abandoning conspirator from liability for the conspiracy itself. Conspiratorial LiabilityThe crime of conspiracy is punished because of the special danger presented by group activity that has a criminal objective. In fact, conspiracy is considered such a dangerous offense that even when conspirators proceed beyond the agreement stage and actually commit the crime as planned, the conspirators can still be charged with the crime of conspiracy and the criminal offense they commit. By allowing the simultaneous charges based upon the conspiracy and the actual crime, the government can seek additional criminal penalties against the conspirators. Furthermore, it is hoped that the threat of conviction and punishment for both conspiracy and the actual crime will deter individuals from initially joining together for the purpose of engaging in unlawful conduct. Another aspect of conspiratorial liability that is specifically designed to deter group criminal activity is vicarious liability. Vicarious liability means that a conspirator will be responsible for the criminal conduct of his coconspirators if those crimes are committed in furtherance of the conspiratorial agreement. Criminal AttemptsThe crime of criminal attempt is punished to protect society by intervening, apprehending and prosecuting individuals at the earliest opportunity before a crime is completed. If criminal activity has not been stopped at either the solicitation or conspiracy stage, the law of criminal attempts provides one more opportunity to prevent the criminal conduct and the resulting harm to society. To prove a criminal attempt, the government must demonstrate that the defendant has the intent to commit a specific offense and takes a “substantial step” toward completing that offense. By proving these elements, the government demonstrates that, although the crime was not ultimately completed, the defendant intended to commit the crime and took sufficient steps in furtherance of that criminal intent. The mental state (intent to commit an offense) plus the voluntary act (substantial step) provide significant evidence of the defendant’s dangerousness to society. Further, although foiling the actual commission of the crime prevents a greater harm to society, there is nevertheless a harm to society with a criminal attempt because the defendant comes dangerously close to completing his criminal objective. The criminal law imposes liability for attempts in order to deter others from carrying their criminal activity to this dangerous point. Intent to Commit the OffenseTo be liable for a criminal attempt, the defendant must have the intent to commit a specific offense. For example, to be charged with attempted murder, the defendant must intend to kill the victim. Similarly, if the crime charged is attempted robbery, the defendant must have the intent to take property from the victim with the use of force. In most instances, circumstantial evidence will be used to prove the defendant’s intent. Circumstantial evidence allows the judge or jury to draw inferences as to which crime the defendant specifically intended to commit. In cases of attempt, the circumstantial evidence of intent is usually developed by examining what steps the defendant took to begin carrying out the offense. Woods Cross Utah Criminal Lawyer Free ConsultationIf you need to defend against criminal charges in Woods Cross Utah, please call Ascent Law 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
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Should I Get A Divorce Or An Annulment? Bankruptcy Lawyer South Salt Lake Utah Birth Injury Claims And Medical Malpractice via Michael Anderson https://www.ascentlawfirm.com/criminal-defense-lawyer-woods-cross-utah/ Estate Planning is an integral aspect of life. It is not something to be left for the chosen few, but instead should be done by each and every individual. Knowing that no one in this world will escape the hand of death, we should all purpose to exit comfortably by ensuring that those whom we leave behind are fully aware of all possessions we had in our name. You may wonder whether you really have any asset or estate. The truth is, we all have something we can claim to be ours. It may not be a row of apartments in one of Los Angeles’s leafy suburbs or a fleet of lamborghinis. Even the clothes well arranged in your closet serve as assets. In case you were to die today, it is in order for you to have planned how your clothes should be disposed of, whether to donate to your favorite charity or pass them down to your sibling. A simple fact is that no one will take their possessions with them to the grave. That is why planning in advance on how they should be handled after your demise is essential. Estate planning can therefore be described as thorough guidelines outlined by an individual which state who is to receive which possessions and how their assets ought to be distributed upon their demise. Estate planning is a gradual and thoughtful process which takes into consideration several aspects. Why Is Estate Planning Important?Some of us have grown up thinking that estate planning is only done by the elderly population who are in their sunset years. However, that is considered a great misconception. No one is guaranteed of tomorrow, therefore estate planning ought to begin as soon as you become an adult. We can blame this misconception on a lack of awareness on our part as citizens. That is okay. Nevertheless, times have changed and we thrive in an information era. Knowledge has immensely become accessible. It is therefore imperative for us to educate ourselves on life matters such as estate planning. Importance of estate planning can be summarized as follows:
Estate Planning DocumentsEstate planning is a continuous process which requires various avenues for making the entire journey easier for you. There are necessary paper works which are normally involved in estate planning. You may have come across some of them at one point in your life. Even if you are unfamiliar with these documents, feel free to read about them below. Power Of AttorneyIn legal matters, a power of attorney is a lawful authority that is handed to someone (agent) to handle any legal matters on behalf of the person (principal). The agent performs any legal duties given by the principal on effect that the principal has been rendered incapable through death, a mental illness or old age. However, a power of attorney is restricted to carry out various tasks. Depending on the state you live in, the power of attorney cannot alter or create your will without your consent. It is important to note that there are several types of power of attorney. Each type serves a different purpose based on the prevailing circumstance. In estate planning, there are two commonly used powers of attorney; the financial power of attorney and the healthcare power of attorney. Financial Power Of AttorneyThis legal document gives an agent the right to oversee your finances. You can nominate an individual or an institution such as a bank to have the financial power of attorney. Each state in the United States has an official financial power of attorney. As such, your power of attorney should be customized around the laws of that particular state you have obtained it from. This document can either come as a durable financial power of attorney or springing financial power of attorney. The durable one simply means that once the two parties append their signatures on the document, it immediately becomes effective. The agent is now able to oversee your financial matters even if you are still mentally capable. This may occur in instances where you are out of the country or your spouse is also unavailable. On the other hand, the springing financial power of attorney only comes into effect after the occurrence of an unfortunate event that renders you incapable. An agent can oversee financial issues such as: transacting with your financial institution; collecting revenue from your business; verifying your tax payments; collecting any debts owed to you; opening of accounts; following up on any state benefits like social security and ensuring that payments on mortgage, car or property is paid on time. Healthcare Power Of AttorneyAs we have seen above, a power of attorney is necessary due to an uncertain future. Incapacitation may occur as a result of medical causes. Common cases include mental illness, debilitating diseases such as Alhziemer’s or dementia or a permanent brain injury. Such ailments can render you mentally incompetent to make any sound decisions regarding your estate division. A healthcare power of attorney comes in handy in case of such events. This document is effective as it allows the principal’s wishes to be carried out. It gives guidelines on how you would want your medical concerns to be handled. Maybe you do not desire a dialysis or physiotherapy and instead wish to be allowed to die. This information is normally indicated on the healthcare power of attorney. This document also indicates any consent you give. You may give, withdraw or refuse consent on a particular medical regimen you are undertaking. Importance Of Having A Power Of Attorney
TrustsTrusts serve as a crucial aspect of estate planning. A trust is best described as an association formed by a trustor or someone who entrusts their assets to a second party called a trustee to manage them. The trustee is given legal rights to the assets in play. This is done while the trustor is still alive. A trust can either be revocable or irrevocable. In a revocable trust, you as the grantor still has full control to your property. You can freely amend any component in it. On the other hand, the irrevocable trust grants the trustee all privileges of managing the assets. Incase an amendment is necessary, all involved parties have to agree first. There are specific rules outlined in a trust document which must be followed by the trustee. Choosing an administrator can be daunting as you need to ensure that your trustee has your best interests while serving you. As such, as a grantor or trustor, you have the right to terminate the services of your administrator if they break the rules or have a conflict of interest. A trust is a crucial document in estate planning as it can save the entire family the exhausting judicial process of seeking to establish whether the deceased had divided their estate before their demise. Importance Of Having A Trust
Last Will And TestamentAs someone who has worked hard to secure a decent lifestyle over the course of your life, it is only fair to ensure that upon your demise, any form of asset you had acquired is left to keep your legacy alive. Writing a will guarantees just that. Drafting a will is not rocket science as most of us believe. With the aid of simple guidelines, you can easily draft one on your own without having to hire an attorney. A written last will and testament gives a clear overview of all your estate, assets or liabilities. It describes who should receive which asset. It also lists all your beneficiaries, from children, friends, charities and relatives. One does not need to wait until old age sets in to draft one. It is advisable to always have one at hand. Even after accumulating more wealth later on in life, you can still make amendments to the original will. Failure to write a will while you are alive leaves your beneficiaries at the mercy of the laws governing your country which will decide how to distribute your estate upon your death. This is known as dying intestate. While writing a last will and testament, consider the following:
Importance Of Having A Last Will And Testament
The above listed documents play a vital roll in all your estate planning procedures. It is advisable to contact a legal expert or you can ask for assistance in any issue you may not understand. No one has to die intestate as this is a recipe for conflicts and mess among thee loved ones involved. Estate Planning Attorney Free ConsultationWhen you need your estate plan completed or updated, please call Ascent Law 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
Should I Get A Divorce Or An Annulment? Is Mediation The Best Route In Divorce? via Michael Anderson https://www.ascentlawfirm.com/what-estate-planning-documents-do-i-need/ If you or your business is unable to pay off its debts, consult with an experienced South Salt Lake Utah bankruptcy lawyer. When a debtor is experiencing financial difficulties, the creditors and the debtor have to decide if they can work out a private solution to their problems or seek a court-supervised outcome. One of the impediments to a private solution is information asymmetry. Creditors usually know much less about the debtor’s true financial condition and ability to pay and restructure itself than the debtor. A workout refers to a negotiated agreement between the debtors and their creditors outside the bankruptcy process. The debtor may try to extend the payment terms, which is called extension, or convince creditors to agree to accept a lesser amount than they are owed, which is called composition. A workout differs from a prepackaged bankruptcy in that in a workout the debtor either has already violated the terms of the debt agreements or is about to. In a workout, the debtor tries to convince creditors that they would be financially better off with the new terms of a workout agreement than with the terms of a formal bankruptcy. After the filing of the bankruptcy petition and the granting of the automatic stay, only the debtor has the right to file a reorganization plan. This period, which is initially 120 days, is known as the exclusivity period. It is rare, however, particularly in larger bankruptcies, to have the plan submitted during that time frame. It is common for the debtor to ask for one or more extensions. Extensions are granted only for cause, but they are not difficult to obtain. However, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 placed an absolute limit of 18 months on the exclusivity period. Obtaining Post-petition CreditOne of the problems a near-bankrupt company has is difficulty obtaining credit. If trade creditors are concerned that a company may become bankrupt, they may cut off all additional credit. For companies that are dependent on such credit to survive, this may mean that a bankruptcy filing is accelerated. In fact, if a company may be on the verge of bankruptcy, its vendors may decline to offer them normal credit terms and may insist on cash on delivery. For example, this was the case in 2008 for Linens & Things, which found it had to pay cash to vendors who normally offered them 30 to 60 days to pay. When this happens it elevates a company’s cash needs at a time when it is actually less liquid than normal. This can accelerate the path to a bankruptcy filing. Sometimes the bankruptcy of one company can create liquidity problems for other companies. For example, when Montgomery Ward filed for bankruptcy in 1997, suppliers became concerned about other companies and preemptively cut off shipments and required cash payments. To assist bankrupt companies in acquiring essential credit, the code has given postpetition creditors an elevated priority in the bankruptcy process. This type of lending is referred to as debtor-in-possession, or DIP, financing. DIP lenders have an elevated priority over prepetition claims. It is ironic that creditors may be unwilling to extend credit unless the debtor files for bankruptcy so that the creditor can obtain the elevated priority. A company that seeks such postbankruptcy financing has to file a motion with the bankruptcy court seeking permission to do so. It is not unusual to see companies file such motions at the time they do their Chapter 11 filing or shortly thereafter. Section 364 of the Bankruptcy Code provides that such loans have super-seniority status and have a priority over other secured creditors. Thus, while creditors might not want to lend to the company on an unsecured basis, the fact that the debtor-in-possession may possess significant assets with a high collateral value, combined with the super seniority status, may give them confidence that their loans will be repaid. Various financial institutions specialize in DIP financing. Credit Conditions and Length of Time in BankruptcyThe management of cash-strapped companies that have significant assets that can be used as collateral may find the reorganization process comfortable and not have incentive to move the process along. Prepetition creditors, however, would have a different view as they see the claims fall in value as new creditors’ interests are placed ahead of theirs. In weak credit markets that process may work very differently. For example, in the wake of the subprime crisis, credit availability declined sharply. This created more liquidity issues for bankrupt companies—even those that had significant assets that normally could be used as collateral. This, in turn, caused bankruptcy stays to become shorter and for the increased use of prepackaged bankruptcies. Reorganization PlanThe reorganization plan, which is part of a larger document called the disclosure statement, looks like a prospectus. For larger bankruptcies, it is a long document that contains the plans for the turnaround of the company. The plan is submitted to all the creditors and equityholders’ committees. The plan is approved when each class of creditor and equity holder approves it. Approval is granted if one-half in number and two-thirds in dollar amount of a given class approve the plan. Once the plan is approved, the dissenters are bound by the details of the plan. Sometimes, to avoid slowdowns that may be caused by lawsuits filed by dissatisfied junior creditors, senior creditors may provide a monetary allocation to junior creditors. This is sometimes referred to as gifting. CramdownThe plan may be made binding on all classes of security holders, even if they all do not approve it. This is known as a cramdown. The judge may conduct a cramdown if at least one class of creditors approves the plan and the “crammed down” class is not being treated unfairly. In this context, unfairly means that no class with inferior claims in the bankruptcy hierarchy is receiving compensation without the higher-up class being paid 100% of its claims. This order of claims is known as the absolute priority rule, which states that claims must be settled in full before any junior claims can receive any compensation. The concept of a cramdown comes from the concern by lawmakers that a small group of creditors could block the approval of a plan to the detriment of the majority of the creditors.14 By giving the court the ability to cram down a plan, the law reduces the potential for a holdout problem. Fairness and Feasibility of the PlanThe reorganization plan must be both fair and feasible. Fairness refers to the satisfaction of claims in order of priority, as discussed in the previous section. Feasibility refers to the probability that the postconfirmation company has a reasonable chance of survival. The plan must provide for certain essential features, such as adequate working capital and a reasonable capital structure that does not contain too much debt. Projected revenues must be sufficient to adequately cover the fixed charges associated with the postconfirmation liabilities and other operating expenses. Partial Satisfaction of Prepetition ClaimsThe plan will provide a new capital structure that, it is hoped, will be one that the company can adequately service. This will typically feature payment of less than the full amount that was due the claimholders. BENEFITS OF THE CHAPTER 11 PROCESS FOR A DEBTORThe U.S. Bankruptcy Code provides great benefits to debtors, some of which are listed in Table 12.6. The debtor is left in charge of the business and allowed to operate relatively free of close control. This has led some to be critical of what they perceive as a process that overly favors the debtor at the expense of the creditors’ interests. The law, however, seeks to rehabilitate the debtor so that it may become a viable business and a productive member of the business community. Company Size and Chapter 11 BenefitsThe fact that debtors enjoy unique benefits while operating under the protection of the bankruptcy process is clear. Smaller companies, however, may not enjoy the same benefits that the process bestows on larger counterparts. PREPACKAGED BANKRUPTCYA new type of bankruptcy emerged in the late 1980s. In a prepackaged bankruptcy, the firm negotiates the reorganization plan with its creditors before an actual Chapter 11 filing. Ideally, the debtor would like to have solicited and received an understanding with the creditors that the plan would be approved after the filing. In a prepackaged bankruptcy, the parties try to have the terms of the reorganization plan approved in advance. This is different from the typical Chapter 11 reorganization process, which may feature a time-consuming and expensive plan development and approval process in which the terms and conditions of the plan are agreed to only after a painstaking negotiation process. Benefits of Prepackaged BankruptcyThe completion of the bankruptcy process is usually dramatically shorter in a prepackaged bankruptcy than in the typical Chapter 11 process. Both time and financial resources are saved. This is of great benefit to the distressed debtor, who would prefer to conserve financial resources and spend as little time as possible in the suspended Chapter 11 state. In addition, a prepackaged bankruptcy reduces the holdout problem associated with voluntary nonbankruptcy agreements. In such agreements, the debtor often needs to receive the approval of all the creditors. This is difficult when there are many creditors, particularly many small creditors. One of the ways a voluntary agreement is accomplished is to pay all the small creditors 100% of what they are owed and pay the main creditors, who hold the bulk of the debt, an agreed-upon lower amount. Prevoted versus Postvoted PrepacksThe voting approval for the prepackaged bankruptcy may take place before or after the plan is filed. In a “prevoted prepack” the results of the voting process are filed with the bankruptcy petition and reorganization plan. In a “postvoted prepack” the voting process is overseen by the bankruptcy court after the Chapter 11 filing. Tax Advantages of Prepackaged BankruptcyA prepackaged bankruptcy may also provide tax benefits because net operating losses are treated differently in a workout than in a bankruptcy. For example, if a company enters into a voluntary negotiated agreement with debtholders whereby debtholders exchange their debt for equity and the original equityholders now own less than 50% of the company, the company may lose its right to claim net operating losses in its tax filings. The forfeiture of these tax-loss carryforwards may have adverse future cash flow consequences. In bankruptcy, however, if the court rules that the firm was insolvent, as defined by a negative net asset value, the right to claim loss carryforwards may be preserved. Corporate bankruptcy is a complex process. If you are a business owner considering bankruptcy, speak to an experienced South Salt Lake Utah bankruptcy lawyer. The bankruptcy lawyer will review you case and advise you on what you need to do. There is a lot at stake in a corporate bankruptcy. Don’t take chances. Hire an experienced South Salt Lake Utah bankruptcy lawyer. If you are a creditor and your debtor has filed a Chapter 11 bankruptcy, don’t contact the debtor directly or try to collect the debt. You will be violating the automatic stay. Instead seek an appointment with an experienced South Salt Lake Utah bankruptcy lawyer. Discuss your debt with a bankruptcy lawyer and no one else. The lawyer will advise you on what you need to do next. South Salt Lake Utah Bankruptcy Lawyer Free ConsultationIf you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (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
4.9 stars – based on 67 reviews
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Rogelio MillsSpent the 80's lecturing about love for the underprivileged. Enthusiastic about getting my feet wet with circus clowns in Orlando, FL. Spent a weekend developing strategies for saliva for the government. Archives
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