According to the Federal U.S. Bankruptcy Code, Chapter 11 bankruptcy is referred to as a type of bankruptcy that involves reorganization of an entity or consumer’s debts. This is in direct contrast to a liquidated bankruptcy, such as Chapter 7 bankruptcy, which requires a debtor to sell their assets for money to pay off their existing debts. In general, a petition for Chapter 11 bankruptcy is typically filed by a corporation or partnership that is struggling to pay off their debts. While individual consumers and other persons in business may seek relief under Chapter 11 bankruptcy, it is not the standard. Chapter 11 bankruptcy cases require the debtor to form a bankruptcy reorganization plan. The purpose of this plan is to give a business more time to reorganize their finances in a structured manner, so that they may pay off any debts still owed to creditors without having to either shut down their business or sell off large amounts of assets (e.g., equipment). A debtor’s bankruptcy reorganization plan will then need to be approved by the bankruptcy court. The court will evaluate the plan and consider whether any debts must be paid off in full or in part, while other debts may be approved or included as part of the plan. Once the bankruptcy court approves a debtor’s Chapter 11 bankruptcy reorganization plan, the debtor must follow it accordingly. In addition, if a debtor seeks to modify any portions of their reorganization plan, those changes must also be approved by the bankruptcy court. Bankruptcy Reorganization PlanIt is very important that a Chapter 11 bankruptcy reorganization plan be written in clear terms and with unambiguous instructions. As such, a debtor may want to consider hiring a bankruptcy lawyer to draft and review the final version of their plan before submitting it to the bankruptcy court for approval. Some common issues that a bankruptcy reorganization plan should address in advance may include: It should be noted that each bankruptcy reorganization plan will likely be tailored to the needs of an individual business. Thus, such plans will often vary by business and in accordance with the nature of a particular business’s debts. For instance, a business may need to create a bankruptcy reorganization plan that involves paying off multiple, non-dischargeable debts. In such a scenario, the plan will be centered on how all of those debts will be repaid by the business. Other plans may focus on distributions of a business’s assets instead. However, this type of plan will act more like a liquidation bankruptcy than a reorganizational one and will require a business to sell off assets for cash. A plan can help a business to keep track of which assets they intend to sell to pay down their debts. As is evident from the above information, a plan may contain instructions for a wide variety of issues that need to be addressed in order to fully pay off an organization’s debts. This is why those filing for Chapter 11 bankruptcy should work with a bankruptcy lawyer when drafting a bankruptcy reorganization plan. A lawyer can help ensure that it is not only legally valid and enforceable, but also that it covers all scenarios related to a business’s debts and obligations. What If a Bankruptcy Reorganization Plan Is Violated?As previously discussed, a Chapter 11 bankruptcy reorganization plan must first be approved by a bankruptcy court before it goes into effect and becomes legally enforceable. In other words, a bankruptcy court will not permit an organization to declare Chapter 11 bankruptcy without having a valid bankruptcy reorganization plan in place. Once the bankruptcy court approves this plan, it is considered to be legally enforceable in the eyes of the law. As such, a violation of a Chapter 11 bankruptcy reorganization plan can lead to serious legal consequences. For instance, if the indebted business organization does not follow the guidelines laid out in their reorganization plan, such as paying off portions of debt by a certain date, then a creditor may be allowed to place a levy on the indebted business organization’s property and/or assets. This may include items, such as inventory, equipment, and bank accounts associated with that business. If the indebted business organization fails to comply with the terms of the lien as well, then the creditor who placed the lien on the business’s property will be legally permitted to seize those assets. This may be done in order to satisfy the remaining balance of debt still owed to them by the business. This could result in the debtor losing their company, which is what they were trying to avoid when they initially filed a petition for Chapter 11 bankruptcy. Some other consequences may include a dismissal of their Chapter 11 case, being ordered to immediately pay off all leftover debts in full, and potential penalties. If a debtor is simply unable to fulfill some condition of their plan, they should discuss the issue with an attorney who will be able to advise them on whether they will be able to amend or modify the plan. On the other hand, it is also possible for a creditor to violate an indebted business organization’s Chapter 11 bankruptcy reorganization plan. For example, if a creditor tries to collect more money than the amount that was originally agreed upon during the creation of a specific bankruptcy reorganization plan, the business can use this plan as proof to avoid having to pay the inflated amount that the creditor is now demanding. Thus, it is in the best interest of both a creditor and an indebted business organization to cooperate and come up with a bankruptcy reorganization plan that suits both parties. This can help prevent more money, time, and other resources from being spent in the future due to a legal dispute. Lastly, in order to ensure compliance and that both parties understand their legal obligations under such a plan, each party should retain their own separate bankruptcy attorney to help them negotiate for favorable terms as well as to assist them with drafting the plan and submitting it to the appropriate bankruptcy court for final approval. The Four Reorganization Bankruptcy ChaptersDebtors choose to reorganize under either Chapter 9, 11, 12, or 13, depending on the particular circumstances. An overview of each appears according to filing frequency. Chapter 13: Individuals and CouplesThis chapter allows single and married people (but not businesses, other than sole proprietors) to pay discretionary income (the amount remaining after paying living expenses) into a plan for three to five years. If your family income is above the average for your state (called the median income), your plan will be 60 months long. When income falls below the median, 36 payments are required, but you can propose a plan that spreads out what you need to pay over 60 months, if necessary. How Debts Get Paid During the Plan PeriodBankruptcy law assigns a higher priority to some debts and requires the filer to pay them fully over the course of a three- to five-year plan. Examples of priority claims include the following: Most of your other debts—like credit cards and medical bills will fall into the category of general unsecured debts and won’t necessarily be paid anything. They’ll receive something only if you have disposable income after all your higher priority claims get paid. Even then, the unsecured claims might be paid pennies on the dollar. The remaining debt gets discharged at the end of the case. Using the Plan to Make a Secured Debt More AffordableAnother interesting feature of a Chapter 13 plan is its ability to cram down (reduce) a secured debt (other than the mortgage on your residence or a recently purchased vehicle). If the collateral (the property securing the debt) is worth less than what you owe, you can propose to pay just the value of the asset plus interest at one or two points above prime. For high-interest loans that are under water, this can save you thousands of dollars. Unfortunately, not all secured loans are subject to cram down. It’s not available for the mortgage on your residence or on car loans that are less than two and one-half years old when you file your case. Also, you must be able to pay off the entire cram down amount over the course of the plan, something many people aren’t able to do for high-value property, such as vacation rentals. Although you can’t cram down your home mortgage, you can use a Chapter 13 plan to strip off a junior mortgage if your property value has dropped so far that it’s no longer enough to cover your primary mortgage. (This was commonly used during the housing crisis; however, its availability is limited due to rising property values.) Chapter 11: Businesses and IndividualsChapter 11 bankruptcy is best known for helping prevent large corporations from closing their doors. Because of the expense involved in filing a Chapter 11 case, it’s used by small businesses to a lesser extent, and, on a rare occasion, by individuals whose debt balances exceed the Chapter 13 debt limitations. In many Chapter 11 cases, creditors actively work with the debtor to evaluate the debtor’s financial health and determine the best way to tackle the debtor’s debt. This collaboration will include more than renegotiating loan terms, although that accounts for an important part of the plan. During the first months of a Chapter 11 case, the parties look carefully at many aspects of the business. Decisions might be made to do one or more of the following: The debtor then proposes a plan for paying its debts. A Chapter 11 plan must be approved not only by the bankruptcy court but by the creditors owed the most money. If a debtor fails to propose a confirmable plan, a creditor (or the trustee, if one has been appointed), can offer a plan that will be submitted to the creditor body for a vote. Once a plan is confirmed, the debtor can spend years carrying out its terms. Chapter 12: Farms and Fishing OperationsIf your primary business is farming or fishing, you’ll likely choose to file for Chapter 12 bankruptcy. The procedural aspects of Chapter 12 and Chapter 13 cases are similar; however, Chapter 12 bankruptcy provides more flexibility because it allows for the seasonal nature of the farming and fishing industries. The Chapter 12 debtor has 90 days after filing the case to propose a plan lasting from three to five years. Instead of making monthly payments as required by Chapter 13 bankruptcy, the Chapter 12 plan can allow for seasonal payments. The plan can also provide for a cram down of virtually any secured debt, including homes and farmland, and allow for the modified secured debt payments to extend beyond the five-year plan limit. Chapter 9: MunicipalitiesChapter 9 bankruptcy is reserved exclusively for municipalities and governmental units like utilities and taxing districts. The plan and the plan approval process in Chapter 9 bankruptcy are similar to Chapter 11 bankruptcy. Creditors in Chapter 9 are not allowed to propose a plan, but taxpayers and creditors can file a plan objection. Do I Need a Lawyer for Assistance With a Bankruptcy Reorganization Plan?Given the complexity of the laws and procedures required when filing for Chapter 11 bankruptcy, it may be in a debtor’s interest to consult a local bankruptcy lawyer in Utah preferably Ascent Law Firm for further legal advice. An experienced bankruptcy lawyer will be able to draft, edit, and review a Chapter 11 bankruptcy reorganization plan to ensure that it is legally valid and enforceable. Your lawyer can also make sure that you understand your rights and legal obligations under your Chapter 11 bankruptcy reorganization plan and other laws. Having your lawyer review your plan can also help to prevent legal disputes from arising over the plan in the future. In addition, hiring Ascent Law Firm lawyer may make it more likely that the bankruptcy court will approve the first plan without any need for changes since your bankruptcy lawyer will already be familiar with the types of provisions to incorporate in the plan. Finally, should you encounter any legal issues that require you to appear before a bankruptcy court, your lawyer will be able to provide legal representation and defend your interests as well. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Should I File For Bankruptcy Before Or After Foreclosure? The Differences Between A Charge Off And Repossession In Bankruptcy Types Of Creditor Claims In Bankruptcy Secured, Unsecured, And Priority Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/understanding-bankruptcy-reorganization-plans/
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Filing for bankruptcy involves disclosing your debts, or “creditor claims,” on official bankruptcy paperwork. But as easy as that might sound, classifying claims can get a bit tricky. First, you’ll list the debt as either a secured or unsecured claim. Then, you’ll divide the unsecured claims into priority and non-priority unsecured claims. Listing Creditor Claims in Your Bankruptcy PaperworkA bankruptcy case gets started after you complete and file official bankruptcy forms. The cover document, called the petition, is where you’ll disclose identifying information, such as your name, address, and the bankruptcy chapter you’re filing. You’ll provide details about your income, creditor claims (debts), and assets on forms called schedules. Creditor claims will appear on one of two schedules: Secured ClaimA creditor with a secured claim in bankruptcy has two things: a debt that you owe and a lien (also called a security interest) on a piece of property you own. If you don’t pay according to the terms of your contract, the lien allows the lender to recover the property, sell it at auction, and apply the proceeds to the account balance. For instance, a mortgage lender with a lien can recover real estate in a foreclosure action, and a vehicle loan lender with a lien can recover a car through repossession. Secured claims are often voluntary. For instance, if you agree to pledge an asset as collateral for the loan (a common practice when buying a house or car), you voluntarily give the creditor a security interest in your property. Common examples of secured bankruptcy claims include: What Happens to Secured Claims in Bankruptcy?A creditor with a secured claim is in a good position. A bankruptcy discharge (the order that wipes out debt) won’t get rid of a lien on your property. It only eliminates your liability to pay the debt. Since the lien remains, the creditor can still foreclose or repossess the property if the loan doesn’t get paid. So if you file for bankruptcy and want to keep property securing a loan, you’ll have to continue making payments to the lender until you pay off the debt. However, if there is significant equity in a house or car, a Chapter 7 trustee will likely sell it. But, because of the lien, the trustee must get enough to pay off the loan, return any exemption amount to you (the amount of equity you’re allowed to protect), and use the remaining funds to pay off creditors. If there isn’t enough equity to pay something meaningful to creditors, the trustee won’t sell the property. If a property you’d like to keep has significant equity, a Chapter 13 case will likely be a better option. But you’ll have to have enough income to pay a hefty monthly payment for three- to five-years (you must pay the value of the nonexempt equity in the plan). Eliminating Liens in Bankruptcy You can eliminate certain types of property liens in bankruptcy. For instance, you might be able to ask the court to: Unsecured ClaimsA creditor with an unsecured claim doesn’t have a lien. There are two types of unsecured claims: Nonpriority Unsecured ClaimsThe bankruptcy discharge will eliminate most types of nonpriority, unsecured claims, but not all. Some of the most common nonpriority unsecured claims you can discharge in bankruptcy include: Although student loans are unsecured debts, you can’t discharge them unless you can prove that it would be an undue hardship to pay them (which is a difficult standard to prove). Priority Unsecured ClaimsPriority unsecured debts aren’t dischargeable and receive special treatment. Priority creditors get paid before other creditors in bankruptcy. The following are some of the most common types of priority claims: Because you can’t wipe out priority debts in Chapter 7 bankruptcy, you’ll be responsible for paying any balance that remains after your Chapter 7 case (the bankruptcy trustee might sell some of your property and apply the funds to the debt). If you file for Chapter 13 bankruptcy, you’ll have to pay off priority unsecured debts in full through your three- to five-year repayment plan. Proof of Claim in BankruptcyA proof of claim is the paperwork that a creditor must file before getting paid in a bankruptcy case. Under the bankruptcy payment system, some debts—like income tax and domestic support obligations—have “priority” status and are paid before other claims. The proof of claim tells the bankruptcy trustee about the type of claim, as well as how much a creditor is owed, so the trustee can determine the amount to pay the creditor if anything. Who Must File a Proof of Claim?All creditors who wish to be paid out of bankruptcy funds must file a proof of claim. On December 1, 2017, the law was amended to make clear that in Chapters 7, 12 and 13 bankruptcy cases, a secured, unsecured, or equity secured creditor (with a few exceptions) must file a proof of claim to receive money from the bankruptcy estate. Of course, if funds aren’t available for distribution—such as in a Chapter 7 “no-asset” case—a creditor won’t be told to file a proof of claim. That status will change if the trustee finds undisclosed assets during the review period. Then the trustee will instruct creditors to file a proof of claim. Secured Creditors and LiensLike all creditors, a secured creditor—such as a mortgage or vehicle lender must file a claim in order to receive money through the bankruptcy estate (with a few exceptions). However, even if the secured creditor doesn’t file a proof of claim, the creditor won’t lose its lien. This rule can be problematic for a debtor in a Chapter 12 or 13 case. Why? When a lien is in place, the debtor can keep the property securing the debt only if the debtor remains current on the loan. If the debtor doesn’t pay as agreed, the creditor will be able to take back the property, sell it at auction, and use the funds to pay down the loan. As a practical matter, if a secured lender doesn’t file a proof of claim in a Chapter 12 or 13 case (and won’t receive monthly plan payments), a debtor who wants to keep the property securing the claim (such as a house or car) has a couple of options. • Pay outside of the plan. The debtor can make the payments directly to the creditor (instead of through the plan). However, if the debtor arranged to make the payment directly, it likely won’t be possible. Most of the debtor’s funds go into the plan leaving nothing left for a hefty payment. When Must a Proof of Claim Be Filed in Chapter 7, 12, and 13 Bankruptcy Cases?The deadline for filing a proof of claim for non-governmental creditors in a Chapter 7, 12, or Chapter 13 bankruptcy case is 70 days after the petition filing date. (On December 1, 2017, the previous deadline of 90 days after the first meeting of the creditors was shortened to the current period). Government entities have additional time. They must file a proof of claim within 180 days after the date of the order for relief (the bankruptcy filing date). The first notice sent to creditors includes the deadline for filing proofs of claim. This notice informs creditors that a petition has been filed and indicates the date set for the meeting of creditors. This notice also sets the last date on which they can file objections to the discharge. Although the court doesn’t usually permit extensions once the deadline has passed, the court has the power to extend the filing time if a creditor shows extenuating circumstances. What Must the Creditor Include in a Proof of Claim?Here’s what the creditor must include in its proof of claim. Formal Proof of ClaimA proof of claim must conform substantially with the official bankruptcy form, Proof of Claim (Form 410). You can download all of the official bankruptcy forms, including Form 410 from the U.S. Courts Bankruptcy Forms page. The creditor should attach supporting documentation, such as the contract, as evidence of the claim. Official attachment forms are available. Also, the creditor or an authorized representative must sign the proof of claim. Informal Proof of ClaimSome courts will accept an informal proof of claim from a creditor if it meets five requirements: Although a bankruptcy judge will consider these requirements, the decision about whether an informal proof of claim will be allowed is ultimately within the discretion of the bankruptcy judge. Objecting to a Proof of ClaimWho Can Object to a Chapter 7 Bankruptcy Claim?Only a “party in interest” can object to a claim in a Chapter 7 bankruptcy case. A “party in interest” is a person or entity that has a financial stake in the outcome of the claim at issue. Generally, in a Chapter 7 bankruptcy case, the Chapter 7 trustee will object to proofs of claim. But a Chapter 7 debtor might need to object to a claim, too. A Chapter 7 debtor will do so if the existing claims, as they stand, will cause the debtor to lose more property than necessary or cause the debtor to owe more than the debtor should after the closure of the bankruptcy case. This will usually happen only if an issue exists with a nondischargeable priority claim, such as taxes or a domestic support obligation. Additionally, the majority of bankruptcy courts have held that a Chapter 7 debtor can object to claims if he or she shows: The objecting party has the burden of presenting sufficient evidence that demonstrates the creditor’s claim should not be allowed. If the objecting party produces such evidence, the burden of proof shifts back to the creditor to prove their claim. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
The post Types Of Creditor Claims In Bankruptcy: Secured, Unsecured And Priority first appeared on Ascent Law, LLC.
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Should I File For Bankruptcy Before Or After Foreclosure? The Differences Between A Charge Off And Repossession In Bankruptcy Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/types-of-creditor-claims-in-bankruptcy-secured-unsecured-and-priority/ A charge off and a repossession are two very different things—although both could happen to one debt. Most people come across the term charge off after reviewing a credit report. Because it’s associated with an unpaid debt, many assume that charged off means that the debt is no longer collectible and that you no longer owe the money. It’s not the case. A notation of a charge off indicates that the lender is no longer showing the account as a bad debt on the bottom line. Instead, the lender has transferred or sold the debt to a collection agency. In turn, the collection agency either collects the debt for the lender or, if the collection agency purchased the debt, collects it for its own benefit. Either way, a charge off is merely an accounting term, and you still owe the debt. As an aside, the Federal Reserve requires a lender to charge off a credit card debt when it is 180 days late. A car loan or installment loan must be charged off when it is 120 days late. Charge Offs in BankruptcyWhen you file for bankruptcy, you agree to disclose your entire financial situation in exchange for the benefits provided by the chapter that you file. You must list all debts when you fill out your bankruptcy paperwork—including charged off accounts. If you don’t list it, you risk the debt not being discharged. Most charge offs occur with unsecured debt, like a credit card balance, medical bill, or personal loan. If you file for Chapter 7 bankruptcy, you can expect the court to discharge (wipe out) the debt within three to four months (the average time it takes for a Chapter 7 case to end). In a Chapter 13 bankruptcy, you’ll pay any discretionary income—the amount remaining after paying allowed monthly expenses to your unsecured creditors over the course of your Chapter 13 bankruptcy payment plan. All unsecured debts get discharged when you complete your plan. If the charge off is a secured debt—such as a car loan or mortgage; then you’ve likely already lost the collateral—the house or the car—through repossession or foreclosure. In that case, you’ll list the account as an unsecured debt in your bankruptcy paperwork. If a debt has been charged off but you still have the collateral, and you’d like to keep it, you should speak with a bankruptcy attorney as soon as possible. RepossessionA repossession occurs when a creditor takes possession of the collateral usually a car—that you put up when taking out a loan. Here’s how it works. Before a lender agrees to lend you money for a car purchase, you must agree to guarantee payment of the loan with the vehicle. The contract creates a lien in favor of the lender. The lien allows the lender to take the car, sell it, and apply the sales proceeds to the loan if you default on your payment. If the auction price isn’t enough to pay off the loan, you’ll still owe the remainder called a “deficiency balance.” (The lender releases the lien on the car after you pay the loan balance.) If you lose the car, most state laws will give you some time to get the car back. The process is called “reinstating the loan.” Reinstatement requires you to pay any past-due amount, as well as the lender’s costs for the repossession. Repossessions can occur with property other than cars as well. Furniture, jewelry and other personal property pledged to secure a loan can be repossessed, as long as the lender follows the state laws. A foreclosure is similar to a repossession other than it involves a mortgage, and the collateral is the real estate purchased, such as a house or commercial building. Foreclosure laws differ by state. Repossessions in BankruptcyIn Chapter 13 bankruptcy, it’s possible to reinstate a loan through your three to five-year repayment plan so that you can keep the collateral. In fact, this is one of the key benefits of a Chapter 13 bankruptcy case. Not only will it stop a repossession (or a foreclosure) in its tracks, but you can spread out your payment arrearages over the repayment plan rather than paying the entire overdue amount up front. You’ll have to continue paying your monthly payments, too, but by the end of the payment plan, you’ll own the car free and clear. If you don’t want to keep the car, the balanced owed will get discharged with other qualifying debt at the end of your plan. Technically, as soon as a credit account is delinquent, the lender can take action to repossess the property tied to the loan. In the case of a car loan, if you miss a payment, the bank could repossess the vehicle without notice. They can go on to your property to reclaim it as long as they don’t “breach the peace,” meaning use threats of force. Typically, the lender contracts with a third-party company to retrieve the property, such as a towing service that specializes in auto repossessions. Sanitizing cars adds at least $20.53 to the cost of repossession, according to the American Recovery Association. Those costs are passed onto the consumer. The ARA said most of the 260 repossession companies it represents add a $50 cleaning charge on top of their usual fees. Lenders do not need a court order to start the repossession process. They can shift into gear as soon as you miss a payment. They don’t want to – repossessing a car typically nets the lender only 30% of the loan value – but if you are late or missing payments, this is their best recourse. Once the property is seized, it is difficult, if not impossible, for the borrower to reverse the situation. The lender charges off the account and may go to court to pursue the borrower for any leftover amounts due, also called the “deficiency.” Keeping Your PropertyIt is in the best interests of all parties for a borrower to take immediate action to cure a loan default before repossession occurs. The primary way to avoid repossession is to contact the lender before you miss a payment and ask them to negotiate a settlement that makes the account current. Talk to a representative from the bank or credit union where you received the loan. Offer them a reasonable proposal that tells them when you will make the next payment and when you expect to be completely back on track. In most cases the lender would rather come to a payment arrangement than take back the property, which probably will be worth much less than the loan balance and require additional expenses before the creditor can sell it profitably on the open market. Another way to avoid repossession would be to find a debt consolidation loan at a lower interest rate that what you currently pay on the car loan; ask a family member or friend to give you a personal loan or co-sign a loan for you. The problem is you might have to get in line for someone to bail you out. Total auto debt in the U.S. was $1.37 trillion in 2021, according to Experian. That was a 6% increase from 2019. If your financial situation has become drastic, you could save your car from repossession with bankruptcy. It may sound counterintuitive, but there are options to keep your car after filing bankruptcy. With Chapter 13 bankruptcy, you can make the car part of the repayment plan you present the court. If you file for Chapter 7 bankruptcy, the creditor is prevented from repossessing the car, but could go to court and receive an order that permits repossession. Repo Laws and RegulationsLaws and regulations on repossessions vary from state-to-state and sometimes from locality-to-locality so it is best to consult with an attorney in your area if you are involved in repossession. For instance, a repo company usually cannot trespass on private property to retrieve a car, but in most cases, they may have limited privileges to take a car from a driveway. What they can’t do is enter your garage to repossess the car. In some cases the borrower can save his or her car from being taken by calling the police promptly. Again, laws vary by state and locality, but the police are responsible for keeping the peace and may have grounds to intervene if repo teams break the law. Generally, local authorities cannot help the repo team; the situation is a private matter involving a lender and borrower and must be resolved in a court of law. Buying Back the CarIf your car has been repossessed, there is a chance, in some states, that you could get it back if you “reinstate” your loan, meaning pay the past-due amount on your loan, plus whatever your lender’s repossession expenses were. There also are laws in some states that allow you to buy back the vehicle by paying the full amount owed. That doesn’t mean “catching up” on missed payments. That means paying past-due payments and the entire remaining debt. There also is the possibility that you could get the car back by making a successful bid at a “repo” car sale. Can Debt Settlement or Consolidation Help?If you’re in danger of having your property repossessed, debt settlement or consolidation can help your situation. When you enter into a debt settlement plan, you or a company you hire negotiates with the lender on your behalf to pay off your balance. The settlement may involve lowering the amount that you owe on the loan. Another option is a consolidation loan, which bundles all of your debt into one loan so that you can make one manageable debt payment each month. Remember that time is of the essence. You should consider contacting a debt specialist immediately if you’re concerned that repossession may happen or is already in process. Once completed, repossession is a bell that you cannot un-ring. You will lose a valuable possession and it remains a black mark on your credit history for seven years. The settlement may involve lowering the amount that you owe on the loan. Another option is a consolidation loan, which bundles all of your debt into one loan so that you can make one manageable debt payment each month. Remember that time is of the essence. You should consider contacting a debt specialist immediately if you’re concerned that repossession may happen or is already in process. Once completed, repossession is a bell that you cannot un-ring. You will lose a valuable possession and it remains a black mark on your credit history for seven years. What Is A Charged-Off Car Loan In Bankruptcy?Many people believe that once a loan appears as “charged off” on a credit report, they’re no longer responsible for the debt. This isn’t the case. When you stop paying on your car loan, the lender has a limited amount of time to take the loan off of the books by transferring or selling your loan. Despite the transfer, you remain responsible for paying the balance to whomever currently owns the debt. It’s important to list all charged-off loans in your bankruptcy paperwork so that you can obtain a discharge of the debt. You’ll characterize it as either a secured or an unsecured debt, depending on whether the car has been sold at auction. Secured and Unsecured DebtMost car loans are secured. A borrower agrees to secure a loan by pledging property that the lender can take back if the borrower fails to pay according to the contract terms. Doing so gives the lender a lien that allows the lender to repossess the vehicle, if necessary. If you have a charged-off vehicle loan, but you still have possession of the car (or title is still in your name because the lender hasn’t sold it yet), then the loan balance is a secured debt. You’ll characterize it that way when you fill out your bankruptcy forms. If the lender has sold the car (and the title isn’t in your name), then the loan balance is an unsecured debt. It’s not secured by the collateral any longer. In most states, a lender has the right to collect a deficiency balance—the difference between what you owe and the proceeds from the vehicle auction. You’ll list the deficiency balance as an unsecured debt. Secured Debts In BankruptcyChapter 7In a Chapter 7 bankruptcy, if the car loan is still secured, then you’ll decide whether you want to keep the car or give it back to the creditor. If you keep it, you’ll either reaffirm the car loan (agree to keep making payments) or redeem the car (pay the value of the car in a lump sum). Here’s the tricky part: You usually can’t reaffirm a debt that is not current, and by definition, a charged-off debt isn’t current. So reaffirmation is a rare option. It’s more likely that you’ll either redeem or surrender the car. Redemption works well if the car’s value exceeds what you owe, it’s in decent condition, and you can pay the car’s value in one lump sum payment. If you redeem the car, you would then own it free and clear after your bankruptcy case. If you surrender the car, the creditor will take it back, sell it, and apply the sales proceeds to the loan. Any amount left owing gets discharged. Chapter 13 BankruptcyIn a Chapter 13 case, you can pay the loan back over the life of the plan and keep the car, even if the debt has been charged off. A Chapter 13 can also help you get a car back that has been repossessed by the creditor. You’ll likely have to pay the full amount that is owed on the car if you bought it less than two and a half years before your bankruptcy filing date. Otherwise, you might be able to cram down the loan and pay only what the car is worth. You can also surrender a car in Chapter 13. In that case, the lender will sell the car and apply the proceeds to the loan. Any unsecured leftover balance will receive a pro rata share (split among the unsecured creditors) of your discretionary income over the life of the plan. Unsecured Debts in BankruptcyIn a Chapter 7 bankruptcy, almost all unsecured debts get discharged so you’ll no longer owe them after your case is over—including an unsecured charged-off vehicle loan. In a Chapter 13 bankruptcy, unsecured debts usually receive a portion of the balance paid out over the life of the plan. At the end of the case, you’ll receive a discharge of any remaining amount owed. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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 File For Bankruptcy Before Or After Foreclosure? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/the-differences-between-a-charge-off-and-repossession-in-bankruptcy/ Many people living in Utah fall behind on their mortgage payments. Some lenders and mortgage companies may be willing to work out deals with homeowners, such as a short sale or loan modification. Most lenders are not. Here’s how bankruptcy can help when lenders begin the foreclosure process. When someone falls significantly behind on mortgage payments, a lender will most likely begin the foreclosure process, as set out in the mortgage contract. The foreclosure process involves the creditor repossessing and usually selling the house at a public auction. The proceeds from that auction are used to repay the mortgage and any legal costs. The foreclosure process takes time. Most creditors do not begin foreclosing until the homeowner is two to three months behind on their mortgage payments. This gives the homeowner some time to consider alternatives to foreclosure, such as loan forbearance, short sale, or deed in lieu of foreclosure. Should all of these alternatives fail (or not be ideal), bankruptcy may help in several different ways. So would contacting a qualified foreclosure attorney for a consultation. Foreclosure vs. BankruptcyYou may decide to declare bankruptcy or to go through foreclosure depending on a few factors, including your income, debts, and living expenses. The main difference, of course, is that through bankruptcy, you may be able to keep your home. Here are some other differences between the two: 2. What Happens After the Case? So why file bankruptcy instead of just accepting the foreclosure?The main difference between the two is what happens after the sale of the property. In a foreclosure, there is a possibility that you will still owe money to the creditor after the sale if the proceeds of the sale don’t cover the debt. In a bankruptcy, however, all debts will be discharged after the case is closed. 3. Who Controls the Property? How to Delay Foreclosure With an Automatic StayOne of the most commonly asked questions is “can filing bankruptcy stop a foreclosure?” If you are facing foreclosure, bankruptcy can become a tool to help you keep your house. Once you file bankruptcy, either Chapter 13 or Chapter 7, the court automatically issues an Order for Relief. This order grants you an “automatic stay” that directs your creditors to immediately cease their collection attempts, no matter what. So, if a foreclosure sale has been scheduled for your home, it will be postponed, by law, until the bankruptcy is finalized. This usually takes about three to four months. There are two exceptions to this buying-time rule: How to Use Chapter 13 Bankruptcy to Help YouChapter 13 bankruptcy allows you to set up a repayment plan to pay off the past-due payments, or “arrearage.” You can propose the length of time for repayment, but keep in mind that you’ll need sufficient income to pay both your past-due payments and your current mortgage payments at the same time. So long as you make all of the required payments for the length of the repayment plan, you will avoid foreclosure and be able to stay in your home. 2nd and 3rd mortgage payments: Chapter 13 can also help eliminate payments on second or third mortgages. Typically, Chapter 13 entitles bankruptcy courts to re-categorize second and third mortgages as unsecured debt. Under Chapter 13, unsecured debt takes last priority and usually does not have to be paid back. This re-categorizing process is possible if your first mortgage is secured by the entire value of your home since this means there is no remaining equity in your home to secure the second and third mortgages. How to Use Chapter 7 Bankruptcy to Help YouChapter 7 bankruptcy also cancels all the debt secured by the home, including mortgages and home equity loans. Furthermore, Chapter 7 goes a step further. Chapter 7 also forgives the homeowner for tax liability for losses the mortgage or home-improvement lender incurs as a result of the homeowner’s default. This law initially applied to the years 2007-2010. But it has been extended five times and now applies to debts forgiven in the years between 2007 to 2020. However, this tax law does not cancel the homeowner’s tax liability for the lender’s losses at foreclosure if: Cautionary Notes About Chapter 7You could still lose your home. All of this debt and tax liability forgiveness is great, but note that Chapter 7 will not keep you from losing your home. Chapter 7 forgives your debt, and that is all it does. When you enter into a mortgage, you are agreeing to use your home as a type of collateral in case you default on your payments. Chapter 13 enables you to pause action on that lien while you catch up on your payments; hence, you may save your home. Chapter 7 forgives your debt, but it will not lift the lien, and hence will not lift the foreclosure on your home. Therefore, you can still lose your home. You could lose other valuables: Because the courts typically want to make the creditors whole again from their loss, the bankruptcy trustee may award money from the sale of certain other valuables of yours to the creditors. For example, if you have a valuable wedding ring that’s value exceeds the dollar amount you are allowed to keep during bankruptcy under the jewelry exemption, you could lose your wedding ring. You may not be eligible: The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 provides that anyone whose average gross income for the six-month period before the bankruptcy filing exceeds the state median income for the same sized household is ineligible for Chapter 7 bankruptcy. Additionally, if your income is sufficient enough for you to pay your living expenses and fund a reasonable Chapter 13 repayment plan, you are also ineligible for Chapter 7. How Bankruptcy Will Affect Your CreditAlthough bankruptcy and foreclosure are both damaging to your credit, sometimes filing bankruptcy can be a wise choice when trying to rebuild credit. A foreclosure not only damages your credit score for years, but you are still left with the mortgage debt. Most mortgage creditors will not consider you for future mortgages if you have a foreclosure on your credit history. In contrast, bankruptcy lets you start fresh. It still damages your credit, but because you are debt-free, you begin rebuilding good credit sooner. Although bankruptcy has a few negative consequences, and may not save you from losing your home, it can be the best option in starting fresh with no debt, getting back on your feet, and saving money. Worst Case Scenario: Losing the House, but Also the DebtSometimes bankruptcy can’t prevent the loss of your home, so you may start to think that a bankruptcy filing is pointless. There are other benefits to filing for bankruptcy besides the interplay between bankruptcy and foreclosure, however. Even if you can’t keep your home, bankruptcy can help to shovel out from under mortgage debts and tax liability. This is an important first step towards getting back on your feet. Bankruptcy can also help you to put away money for the tough times ahead. Filing Bankruptcy to Avoid a Deficiency JudgmentIf your lender comes after you for the deficiency, and you later file for bankruptcy, bankruptcy will discharge (eliminate) the deficiency debt. But for many people, it makes more sense to file bankruptcy before foreclosure to discharge the mortgage debt preemptively. Then you don’t have to worry about the possibility of a deficiency judgment. This tactic can provide peace of mind because once the mortgage debt is discharged, you know you won’t have to face a lender’s lawsuit to recover the deficiency after the foreclosure. Of course, if your state’s laws prevent the lender from getting a deficiency judgment, you don’t need to take this approach. Filing Bankruptcy to Avoid Tax Liability for Forgiven DebtAnother reason to file bankruptcy before the foreclosure is because if your lender forecloses and cancels the deficiency debt rather than seeks a deficiency judgment, you might have to include the canceled amount as income on your tax return. If that happens, you generally must pay tax on that forgiven debt unless you qualify for an exception or exclusion such as: This “Qualified Principal Residence Indebtedness (QPRI) Exclusion” applies to debt forgiven in calendar years 2007 through 2025. The exclusion can also apply to debts forgiven as the result of a written agreement entered into before January 1, 2026, even if the actual discharge happens later. If your forgiven mortgage debt qualifies, as of December 31, 2020, you can exclude up to $750,000 ($375,000 if married and filing separately). Before this date, taxpayers could exclude $2 million ($1 million if you’re married and filing separately). The Insolvency ExceptionIf you were insolvent when the debt was canceled, some or all of the debt might not be taxable to you. You’re considered insolvent if your total liabilities (debts) are more than the fair market value of your total assets. Bankruptcy Cancels Other Mortgage DebtIf you have any other mortgage debt, like a second mortgage or a HELOC, it could be wise to file bankruptcy before the foreclosure to wipe out your personal liability for those debts. When the first mortgage lender eventually forecloses, any junior mortgage lenders (second mortgages and HELOCs, for example) will also be foreclosed and lose their security interest in the real estate. Generally, if a junior mortgage lender has been sold-out in this manner, that junior mortgage lender could potentially sue you personally to collect the debt. But a bankruptcy will eliminate any debt secured by a second mortgage or a HELOC, and you can avoid future lawsuits from these lenders. Bankruptcy Buys You Time in the Property by Delaying ForeclosureIf you file for bankruptcy before your home is sold at a foreclosure sale, you’ll get more time to live in the home. When you file bankruptcy, an “automatic stay” goes into effect. The stay acts as an injunction, or bar, against any attempts by creditors to collect debts or enforce liens, including taking any action related to a pending foreclosure.Because the automatic stay prevents the foreclosure case from moving forward, you get some extra time in the home. The lender does have the right to ask the bankruptcy court to lift the automatic stay, which would allow it to continue with the foreclosure, but this process will still take some time. In the meantime, you get to remain in the home. You Can Save Money During the Foreclosure DelayYou can live in your home without making any mortgage payments during the bankruptcy—at least until the lender obtains relief from the stay and completes the foreclosure. Or the lender might forgo this right and simply wait for the bankruptcy case to conclude before continuing with the foreclosure. Either way, you’ll probably get a few extra months to live in the home without making payments, which would allow you to build up your savings. For instance, if your mortgage payment is $1,000 a month, you could end up saving several thousand dollars by staying in the home and not making payments during this time. Facing Foreclosure? Have a Local Attorney Review Your Legal OptionsIf you’re facing a foreclosure and concerned about your financial future, remember that a bankruptcy filing may help you keep your home or at least soften the blow. You can learn more about your options by meeting with Ascent Law Firm attorney, who will understand your financial needs and work to make the process as painless as possible. Find a local bankruptcy attorney today. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/should-i-file-for-bankruptcy-before-or-after-foreclosure/ Garfield County is a county located in the U.S. state of Utah. Its total population was 5,172, making it the fifth-least populous county in Utah. Its county seat and largest city is Panguitch. Garfield County was named after the assassinated U.S. President James A. Garfield in 1882, but the history of this county goes back much further. Evidence of the prehistoric Anasazi Indian culture can be found in the Anasazi State Museum near the city of Boulder. The area has many natural resources (such vast rangelands and forests) that have provided a major industry since the time of the pioneers. Now one of the county’s dominant industries is tourism, with Ruby’s Inn, Inc. as one of the county’s largest employers. Although there is an oilfield currently producing, most of the county’s energy making resources including coal, tar sands, and uranium have not been developed. There are many things to see in this county with two National Parks including Bryce Canyon, Capitol Reef, and much more. Be sure to see the Hoodoos before leaving this area. According to the U.S. Census Bureau, the county has a total area of 5,208 square miles (13,490 km2), of which 5,175 square miles (13,400 km2) is land and 33 square miles (85 km2) (0.6%) is water. It is the fifth-largest county in Utah by area. The Colorado River, passing through a deep gorge, forms the eastern boundary. Westward, the cliffs of tributary canyons give way to the barren stretches of the San Rafael Desert, beyond which a variety of mountains, plateaus and canyons make up the terrain. Most of Bryce Canyon National Parklies in the southwestern part of the county and the northern half of the Grand Staircase-Escalante National Monument occupies the middle of the county. A large portion of Capitol Reef National Park lies in the east-central part of the county. A very small part of Canyonlands National Park lies in the northeast corner of the county. Adjacent counties There were 1,576 households out of which 38.40% had children under the age of 18 living with them, 66.40% were married couples living together, 6.80% had a female householder with no husband present, and 23.90% were non-families. 20.50% of all households were made up of individuals and 10.10% had someone living alone who was 65 years of age or older. The average household size was 2.92 and the average family size was 3.43. In the county, the population was spread out with 32.60% under the age of 18, 7.80% from 18 to 24, 23.10% from 25 to 44, 22.40% from 45 to 64, and 14.10% who were 65 years of age or older. The median age was 34 years. For every 100 females there were 104.60 males. For every 100 females age 18 and over, there were 102.20 males. The median income for a household in the county was $35,180, and the median income for a family was $40,192. Males had a median income of $30,239 versus $20,408 for females. The per capita income for the county was $13,439. About 6.10% of families and 8.10% of the population were below the poverty line, including 8.80% of those under age 18 and 10.40% of those ages 65 or over. Garfield County UT Cities, Towns, Neighborhoods and most populated places Many of us are guilty of a traffic violation at one time or another in life. Being a law abiding citizen includes paying the parking tickets we get on time. Not paying these parking tickets doesn’t make them go away. An arrest record, as the name states, is a record maintained by the law enforcement agencies of a person’s arrests. An arrest warrant, on the other hand, is a document issued by the judge to allow the police to take a suspect in custody for investigation. The arrest records in some states have copies of arrest warrants, while in some other states; they may just have the name of the court and the warrant number. A warrant from Garfield County, MT mostly includes: You can do warrant search both online and offline.Offline – It can be done by visiting the state county or city office. You can also visit a police station or approach a law enforcement agency and ask them to run a warrant search for you. You can also call any of these parties and ask them for the information. However, if you have an arrest warrant in your name, be prepared to turn yourself in, before you choose to take the offline approach. When you get in touch with local law enforcement, you are giving the police an opportunity to trace you or to catch you when you walk–in. Online – To do an online warrant check, you can go to websites of federal, state, county or city agencies that may have procured the warrant against you. You will be able to search for outstanding warrants easily. Doing an online search enables you to maintain anonymity, so you can also check anyone’s warrant history. In some cases, the websites will show you a warrant list and you will have to go through the whole list to track the name you are looking for. There are some convenient websites that allow you to just type the name and get the warrant details. There are some non-government websites too that can get you various records from court to criminal and arrest. They charge a fee for these services, but they can get you the details of warrants in your name. However, some states do not allow third-party websites to access arrest records or arrest warrants. You can have the warrant cancelled in some cases and most people would recommend it. You can get the warrant cancelled by visiting the court house that has issued the warrant and paying the fine, if it is an offense involving a fine. You can also post a bond and see the judge at the earliest. In most cities, you can visit the court between 8.00 and 9:00 AM, and appear before the judge for a criminal or traffic warrant. The warrant list is available on state, city and county websites. Often, it is also available on the sheriff’s website. In case the county or city governance or law enforcement doesn’t have a website, the warrant list will be available at the local police station. A warrant round up in Garfield County, MT is a way for the county or city to collect the outstanding fines payable by people. It is a good opportunity for people to go to court on the day of the round-up and get the matter addressed. Missing this opportunity simply creates a pathway for arrest at any time in the future. The warrant division is always located at the sheriff’s office. The actual arrest warrant, that is the hardcopy of the document, is sent from the court to the warrant division, which further circulates it to the police officers seeking the warrant. Updated information from the Colorado Department of Local Affairs (DOLA) State Demography Office, shows many population related trends affecting Garfield County. According to a report presented to the Board of County Commissioners in April by state Demographer Elizabeth Garner, Garfield County has experienced an estimated increase in population of 3,017 between 2010 and 2017. The U.S Census Bureau estimated the county’s overall population at 59,118 in 2017. Since 2010, Carbondale saw an increase in net population of 431; Glenwood Springs 406; Rifle 329; New Castle 326; Silt 206; Parachute 29; and 1,290 in unincorporated Garfield County. The state of Colorado’s overall average growth rate since 2010 is 1.5 percent. Like Garfield, neighboring Pitkin, Eagle, and Mesa counties also saw growth over the same time frame. Those adjacent counties increased in population by 700, 2,700, and 5,100 people, respectively. Colorado is home to more than 5.6 million people, with 77,049 new residents between 2016 and 2017, placing the Centennial State eighth in total U.S. growth. Garfield County still hasn’t rebounded back to peak employment numbers from prior to the Great Recession. The county has 2,721 fewer jobs than it did before the national economic downturn in 2008, though the unemployment rate was down to 2.9 percent in 2017. In Garfield County, 38 percent of residents are in the low-wage earning group ($21,700 to 37,800); 33 percent are in the mid-wage range ($44,000 to $56,800); and 29 percent are considered high-wage earners ($58,500 to $96,500). According to the presentation, the largest employers in the county are Valley View Hospital (859), followed by Grand River Health (520), and the Grand River Hospital District (440). Overall, the study found that Western Slope is the state’s fastest growing region. Garfield County’s estimated population by 2030 is 77,404, and 105,711 by 2050. The Garfield County Economic Profile is a compilation of demographic and financial data, and analysis, designed to provide a snapshot of the Garfield County economy. It includes information on population, income levels, educational attainment, labor force and employment, industry sectors, real estate and Garfield County’s own operating indicators. This profile is updated every year in the first quarter as new information becomes available. Health BenefitsHealth benefits include: medical, dental, vision, and prescription drug coverage for employees and dependents. These are available to employees working 30 or more hours per week. Life InsuranceGarfield County provides employees with a $50,000 term life insurance and AD&D benefit. Voluntary Life InsuranceEmployees are given the opportunity to purchase additional life insurance. Life insurance may also be purchased for dependents. Retirement Plan• Employees with less than 10 years of service contribute 5% of their gross earnings pre-tax and the County matches this amount. The employer contributions follow a vesting schedule and are 100% vested at five years. Garfield County offers a Flexible Benefit Plan that provides employees with the opportunity to contribute pre-taxed funds for healthcare and/or dependent care. The County typically observes 10 holidays. These are generally traditional holidays recognized by public sector employees. Garfield County Utah Court DirectoryThe Utah trial court system consists of District Courts, Juvenile Courts, and Justice Courts. Below is a directory of court locations in Garfield County. Links for online court records and other free court resources are provided for each court, where available. District Courts in Garfield County Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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
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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/garfield-county-utah/ Richfield sometimes referred to as the “hub of Central Utah,” is the county seat of Sevier County. It is located 160 miles south of Salt Lake City, placing it near the center of the state. The altitude is 5,280 feet and the climate is moderate, with typical average temperatures from 90° high to 50° low in the summer and 43° high and 16° low in winter. The city covers an area of four square miles and in 1990 had a population of 5,593. In July 1863 George W. Bean was called by Mormon apostle George A. Smith, who was presiding over the Utah Valley area, to take a small exploring party and go up the Sevier River above Gunnison and look for suitable locations for settlements. After crossing to the west side of the Sevier River, the party found a big spring where Richfield was later settled. There they found fertile soil, good water, and wood in the nearby hills. The party, returning by way of Spring City, met Mormon Apostle Orson Hyde, who informed them that the settlement of Sevier Valley was under his direction. In January 1864 an independent party of ten men under the leadership of Albert Lewis came from Sanpete and arrived in what is now Richfield on 6 January. In the winter of 1864 Orson Hyde called additional families to go. Some bought their way out, but others responded to the call to settle. The first two white women in Richfield were Ann Swindle and Charlotte Doxford. The first settlement was called Big Springs or Warm Springs, after the life-giving spring at the foot of the red hills to the west. The settlement later was called Omni after a prophet in the Book of Mormon. The name was changed to Richfield because of the fertile soil. The first dwelling places were dugouts. The early settlers wasted no time. August Nelson planted cottonwood saplings and Joseph F. Doxford even organized a martial band. A temporary bowery was built. Early in 1865 about 100 more families arrived, most from Sanpete Valley. In February 1865 the first schoolhouse was built; the first teacher in the school was Hans P. Miller. A fort was started in the fall of 1865; each man who owned a city lot was required to build one rod (16.5 feet) of wall. Richfield currently continues to be both a shopping and cultural center for the central Utah area. The Richfield tabernacle, completed during 1929-30 and noted for its architectural beauty, is a frequent setting for the Utah Symphony, Utah Opera Company, plays, choral programs, and other cultural events. The Ramsay House (built by Ralph Ramsay, who carved the eagle which graced an earlier Eagle Gate in Salt Lake City) has been restored as a museum featuring period furniture and other memorabilia, as well as a collection of 200 local oral histories. Richfield has a municipal airport with a 6,600-foot runway, a modern 42-bed-capacity hospital, and a care center with a 98-bed capacity. Excellent schools include Ashman and Pahvant elementaries; Red Hills Middle School, Richfield High School, and Cedar Ridge Alternative High School, as well as Sevier Valley Applied Technology Center. The Sevier County Courthouse in Sevierville, Tennessee is a historic courthouse built in 1895. It was listed on the National Register of Historic Places in 1971. It was designed in Beaux Arts style by the McDonald Brothers of Louisville. It is tall and visible from quite far away. There is a statue of Dolly Parton designed by sculptor Jim Gray on the grounds of the courthouse. The Sevier County General Sessions Court is one of 95 General Session Courts in Tennessee. This is a court of limited jurisdiction that hears civil and criminal cases. Judges of the general session’s court are elected in nonpartisan elections to eight-year terms. Individual towns or cities may establish varying ordinances for the election of their municipal judges—e.g., ordinances that allow for some positions to be elected by popular vote and some to be selected by other methods. QualificationsTo serve on the court, a judge must be: Election rulesPrimary election: Primary elections may be held for trial court judges. The political parties in each county determine whether or not there will be a primary election in their respective counties. County primary electionsCounties that are having a primary election will have them on a Tuesday in May. The candidate who wins the county primary election in May will then move on to the county general election in August and run against other party candidates that won their respective primaries. Primary elections in Tennessee serve to designate a party’s nomination and narrow the field down to one candidate from that party for a specific office. A candidate who wins their primary nomination will move on to the general election. It is not uncommon for a candidate to run unopposed in their party primary and then go on to run unopposed in the general election as well. Similarly, candidates may win their primary and go on to run unopposed in the general election. Voters do not need to declare their party affiliation when they register to vote. However, primary voters must declare whether or not they will be voting in the Democratic or Republican primary. By now, chances are quite high that you have heard of the Freedom of Information Act, which was passed in 1966, either in passing or directly through conversation. Under this federal act, arrest warrants have become public information throughout the entirety of the United States. Anyone is capable of accessing such information, whether it simply is out of curiosity, to perform a complete background check on a brand new employee, or following any type of criminal altercation or perhaps a vehicular accident. In such cases, simply speaking with the local sheriff’s department, your local government officials, or searching for an online resource can accomplish the task at hand with relative ease. Going through official sources, of course, does boast some paperwork and perhaps a small fee for the access of such records. Should this be the case, though, simply seek out the information online, where it should be located with ease for everyone to access of their own free will. Back in 1966, Congress passed the Freedom of Information Act in an attempt to offer more clarity and earn the trust of the general public, all of whom wished to acquire such documents for their own purposes at one time or another. However, in some rare cases, state and federal laws provide their own level of authority to restrict the public from any access to an arrest warrant or other information considered public records. In many cases, local government or the sheriff’s department will opt not to release warrant records for any criminal in the area due to the subsequent charges or convictions currently in place. Another reason for withholding such information has to do with the safety and confidentiality of the individual. In such cases, the police will not release warrant records to the public should the identity of a minor, the victims of sexual assault, or the details of a confidential witness statement are at risk of being made public, which can be harmful to both the legal case at hand and the individual’s own safety. This type of withholding falls under confidentiality laws within the United States, of which there are many throughout every single state and county. While accessing public warrant records, and if you are being denied by the officials, there is the option to seek out such information online through various resources. Some companies offer paid searches for arrest warrants, providing the most current and any past records, plus the resulting conviction that stemmed from the warrant and its case. All related details to the case and individual, should it be closed at the time, can also be accessed completely online through such records. In many cases, an initial search is completely free. However, for more information, some resources will request that you pay a small fee to access more information regarding the warrant records or the criminal involved with said records. These fees are generally quite small and should not bother most people who are seeking such information. For recreation, the city has three parks, a nine-hole golf course, an indoor/outdoor pool, a bowling alley, and numerous playing fields. Richfield is located forty-five miles from Fish Lake, and is surrounded by Zion, Bryce, and Capitol Reef national parks. The city features an elaborate Fourth of July celebration including a parade, park activities, and a patriotic pageant. A county fair is held annually, and a September arts festival was inaugurated in 1992 and is projected as an annual event. Another annual event is a light parade held each December. Major worldwide service clubs, including Elks, Rotary, and Lions, are active in the community, contributing to a quality lifestyle. Local clubs for both men and women provide much service as well as social opportunities. Much of the surrounding area is devoted to agriculture: hay, barley, oats, corn silage, cattle, hogs, sheep, turkeys, commercial feed lots, and dairy herds. Also, a well-developed business district serves Sevier County as well as adjacent counties. Government agencies including the Bureau of Land Management, the Forest Service, and the Agriculture Stabilization and Conservation Service have their area offices in Richfield. Governed by a mayor and city council, the community emphasizes preserving its past as well as preparing for the future. Sevier County UT Cities, Towns, & Neighborhoods Sheep and cattle remain important to the local economy as do dairy products, field crops, and, in recent years, turkey rising. Trade and manufacturing–including food processing, clothing, and building products–have contributed to the county’s growth as well. Sevier is the state’s leading producer of gypsum, a mineral used in building products such as plaster and plasterboard produced in Sigurd. The county has coal mines and natural gas reserves in the northeast and major geothermal resources that could be tapped for energy production. Richfield, Utah gets 9 inches of rain, on average, per year. The US average is 38 inches of rain per year. Richfield averages 36 inches of snow per year. The US average is 28 inches of snow per year. On average, there are 254 sunny days per year in Richfield. The US average is 205 sunny days. Richfield gets some kind of precipitation, on average, 73 days per year. Precipitation is rain, snow, sleet, or hail that falls to the ground. In order for precipitation to be counted you have to get at least .01 inches on the ground to measure. September, June and May are the most pleasant months in Richfield, while December and January are the least comfortable months. July is the hottest month for Richfield with an average high temperature of 90.8°, which ranks it as about average compared to other places in Utah. In Richfield, there are 3 comfortable months with high temperatures in the range of 70-85°. The most pleasant months of the year for Richfield are September, May and June. January has the coldest nighttime temperatures for Richfield with an average of 15.8°. This is about average compared to other places in Utah. In Richfield, there are 41.0 days annually when the high temperature is over 90°, which is about average compared to other places in Utah. In Richfield, there are 166.1 days annually when the nighttime low temperature falls below freezing, which is colder than most places in Utah. In Richfield, there are 6.2 days annually when the nighttime low temperature falls below zero°, which is about average compared to other places in Utah. October is the wettest month in Richfield with 1.2 inches of rain, and the driest month is January with 0.5 inches. The wettest season is Winter with 30% of yearly precipitation and 18% occurs in Spring, which is the driest season. The annual rainfall of 9.3 inches in Richfield means that it is drier than most places in Utah. March is the rainiest month in Richfield with 7.8 days of rain, and June is the driest month with only 4.2 rainy days. There are 72.9 rainy days annually in Richfield, which is about average compared to other places in Utah. The rainiest season is summer when it rains 29% of the time and the driest is Spring with only a 22% chance of a rainy day. An annual snowfall of 36.4 inches in Richfield means that it is less snowy than most places in Utah. December is the snowiest month in Richfield with 7.9 inches of snow, and 7 months of the year have significant snowfall. Sevier County Utah Court DirectoryThe Utah trial court system consists of District Courts, Juvenile Courts, and Justice Courts. Below is a directory of court locations in Sevier County. District Courts in Sevier County• 6th District Court – Sevier County Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/sevier-county-utah/ Iron County was named for the mining of iron ore. The earliest pioneers to establish a city (Parowan) came in 1851. Yet, there are evidences, such as pithouses, of prehistoric Anasazi and Sevier people dating back to 750 A.D. The Dominguez-Escalante expedition also passed through in 1776, while looking for a route to California. Today, the county is known nationwide for the Utah Shakespeare Festival which has won several national theater awards including a Tony award in the year 2000. For those who love nature’s wonders don’t miss Cedar Breaks National Monument and those interested in history can learn more at the Frontier Homestead State Park Museum. During the winter months, skiers will enjoy a visit to Brian Head Resort. Also in the area is Southern Utah University (SUU) which began as a small teacher’s college but has grown into a large regional university with over 5,000 students. The first white men to pass through the area were Fathers Escalante and Dominquez on October 12, 1778. They were looking for a new route to California for their mother Spain. Jedediah Strong Smith, a fur trader, came through in 1826. He was the first American to write about what would become the state of Utah. Brigham Young sent exploration parties in December of 1849 to find new areas to colonize in Southern Utah. One of the groups found deposits of iron ore west of Cedar City. The leader of the expedition, Parley P. Pratt, named the area Little Salt Lake, but the name was never used after that day. Iron County was formed in 1850 with George A. Smith as its first chief justice. His quest was to establish and settle the area. December 1850 began the settlement of the area with 35 families and 100 armed men leaving Salt Lake City. They founded Parowan on January 13, 1851. Cedar City was begun later that same year by settlers of Parowan. Facing the criminal justice system on drug charges without an experienced Iron County, Utah drug lawyer in your corner can be intimidating, but fortunately there is hope. In the court system of the United States, you are innocent until proven guilty. You also have the right to legal representation. Make sure that you have a confident, experienced defender on your side. Attorneys on Utah Interstate Drug Lawyer specifically focus their work on criminal defense cases in almost every county of Utah, making them dedicated to defending the rights and well-beings of their clients while maintaining the most knowledgeable presence in their field. With a proven record of working as tough advocates for individual rights—even in the most complex criminal litigations, our approach has always been quality over quantity. Instead of a cookie cutter defense, our listed lawyers truly believe that a tailor-made defense and a full investment into the client’s personal situation is the best way to win. Get an Experienced Iron County, Utah Drug Lawyer You Can Trust. Regardless if you are facing a simple misdemeanor charge of a small marijuana possession, or you have been charged with a felony in distribution of a Schedule I substance, connect to legal professionals with the experience and dedication you are looking for. Iron County UT Cities, Towns Places, & Neighborhoods The number and variety of court records available in the United States can be staggering: according to the Bureau of Justice Statistics, there are at least 102.4 million court cases per year, with more than half being traffic related. Regardless of the severity of an offense, documentation begins to accumulate when one is arrested or served with summons papers and compounds with each court subsequent appearance or decision. Sorting through complex court documents – even finding the correct source, whether civil court records, criminal court records, local courts, or federal courts – can be a daunting task. Recordsfinder.com can help streamline the process by searching millions of records with a few key words. Types of courts and casesCourts are a primary source of public records of transactions: marriages, divorces, property deeds, corporate dissolution, and of course penalties (sentences) for transgressions against the state or another person. Cases handled by civil courts are those in which people or companies sue one another to stop or change behavior or practices, things like boundary disputes, copyright infringement, fraud, breach of contract, or wrongful death. A judge and sometimes a jury make the decision. CIVIL COURT CASESCivil cases that seek financial reimbursement for an injury, called tort cases, have grown in recent years to more than 500,000 annually at the federal level (due to the high sum of money involved). While these cases often grab headlines when they seem frivolous, only 2 percent make it to the trial phase. Others may be thrown out by the courts or settled out of court. Some people blame the number of personal injury attorneys in practice (there are more than 80 per 10,000 residents in states like New York and Massachusetts) for the dramatic increase in these sorts of cases. Even if a case is thrown out of court because it lacks merit, some documentation will remain with the court where it was filed. CRIMINAL COURT CASESCriminal court cases are brought by the government against an individual or group. These are cases in which a penalty is sought for breaking the law and may include secret informants and other background information that is only visible to the judge – the grand jury if the offense is considered a felony. Sentences are usually handed down according to guidelines established by previous cases and national sentencing guidelines. FEDERAL COURT CASESCases that go to federal court rather than state court are those that meet one or more of the following criteria: the U.S. is a litigant; the case pertains to violations of federal laws; if a case involves individuals from different states and more than $75,000; and cases pertaining to bankruptcy, patents, copyright, or maritime law. Criminal cases are less frequently heard in federal court, but crimes committed on federal property including parks and post offices are decided here, as are cases of illegal drugs brought across state lines and using the U.S. Post Office to swindle victims. Almost 4,000 years ago, Hammurabi, a Babylonian king, spelled out the law for his people on clay tablets. His “eye for an eye” doctrine is the basis for modern-day law, but who could foresee the legacy of court records that bearded ruler would start with the cuneiform pressed into moist earth. Some of the earliest written documents left by ancient peoples in Sumeria, China and other countries were legal records of transactions: purchases, sales, and penalties handed down by jurists. Hammurabi’s is famous for its unflinching equality of penalties but a large portion of his code dealt with contracts, including payments for different jobs (like ox cart drivers) and assigning liability for homes that collapse. Not much has changed in thousands of years despite the advancement to digital records rather than papyrus or scratching characters on an animal skin. Of course the volume of records has multiplied exponentially and is categorized more specifically, but the need for public records of transactions and penalties remains. How to Look Up a Docket NumberIdentify the information contained in a docket number. A docket number identifies a case as it makes its way through the court system and appeals process. If you are a defendant or party to a civil case, you’ll need this number to file documents on your own behalf. If you interview an attorney to take your case, they may ask for your docket number so they can research your issues. Also, with the docket number, you can follow cases that you are interested in by tracking the documents that are filed by all parties and the court. The docket number is critical if you want to order copies of documents from the federal court archives. In most cases, criminal and civil proceedings are public record. Anyone who knows the docket number can look at the public file. Some courts, including federal court, are fully computerized and all the documents are accessible via their website. In state courts, you may have to ask to see the public file at the courthouse. Cases involving juveniles are usually not accessible to the public. In divorces, reports dealing with child custody, such as psychological evaluations, are not public record. The court clerk may not even give out a docket number for a juvenile case. Courts keep a running diary of the court’s actions in the case files. These case notes can summarize appearances, court dates, arrest warrants, convictions, and sentencing. Since people may be involved in more than one issue, you’ll need to know the docket number to ensure you are following the right case. With 354,632 people, Iron County is the 8th most populous county in Utah. For the last year we have data, there were 110 violent crimes committed in Iron County, which averages out to 1,963.7 crimes per 100,000 people. At that rate, Iron County ranked 2nd statewide when it comes to violent crimes per person. In terms of murder specifically, Iron County ranked 5th in the state with 0 murders per person. In the face of growing crime rates, an arrest warrant search in Iron County, UT should no longer be the priority of only commercial establishments. From private establishments that offer information on UT crime history online to state justice agencies and local law enforcement, all are of the view that this crucial safety intervention should be a part of your initiation ritual whether you are allowing people entry into your personal or professional circle. For this purpose, scores of ways are being offered to get third party information on active warrants and arrest records in Iron County. If you intend to take your inquiry to a state agency, you will need to fulfill certain statutory criteria before you are given access to data on arrest warrants issued in the area. The police, the office of the clerk of court and the magistrate will only offer this information to people who are associated with a law enforcement agency or with organizations that offer care to vulnerable people such as children and seniors. However, no restrictions have been placed on applicants who don’t mind looking for crime history details through privately owned agencies. For a third party warrant search, you can use the form given. Filling in the information requested will get you access to their extensive database of crime information from all states along with details on Iron County outstanding warrants for arrests. Alternatively, if you meet the legal requirement of the state, you can go to: Between 1999 and 2008, an average of 850 crimes was reported in Iron County, Utah each year. Of these criminal incidents less than 5% qualified as violent crimes. Yet through this period, this crime category rose significantly to reach a figure that was 70% higher than that of the previous decade. Iron County Utah Court DirectoryThe Utah trial court system consists of District Courts, Juvenile Courts, and Justice Courts. Below is a directory of court locations in Iron County. Links for online court records and other free court resources are provided for each court, where available District Courts in Iron County• 5th District Court – Iron County (Cedar City) Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/iron-county-utah/ San Juan County is a part of the Colorado Plateau, a geologic region formed mostly of sandstone and limestone that includes two-thirds of the state of Utah as well as parts of Colorado, New Mexico, and Arizona. Mighty rivers like the Colorado and the San Juan have carved deep canyons and unusual erosion forms through the colorful sedimentary rock, and many people find the area to be spectacularly beautiful on a grand scale. In prehistoric times, the San Juan country was the home of the Anasazi, whose cliff houses, pictographs, and petro glyphs have baffled and fascinated visitors to the country since their disappearance shortly after A.D. 1300. The Basket makers, the earliest phase of the Anasazi Culture, were first identified and studied in Grand Gulch. The Navajo Indians, who were perhaps a cause of the disappearance of the Anasazi, now occupy a large part of San Juan County–from the San Juan River to the Arizona border. Although there were a few white residents along the San Juan River before 1879, the Mormon scouts who planned the famous Hole-in-the-Rock Trail that year began the full-scale settlement of San Juan County. The 230 pioneers who left Escalante in the fall of that year arrived at the present site of Bluff on 6 April 1880. San Juan County is a county located in the southeastern portion of the U.S. state of Utah. As of the 2010 census, the population was 14,746. Its county seatis Monticello, while its most populous city is Blanding. The county was named by the Utah State Legislature for the San Juan River, itself named by Spanish explorers (in honor of Saint John). San Juan County borders Arizona, Colorado, and New Mexico at the Four Corners. According to the U.S. Census Bureau, the county has a total area of 7,933 square miles (20,550 km2), of which 7,820 square miles (20,300 km2) is land and 113 square miles (290 km2) (1.4%) is water. It is the largest county by area in Utah. The county’s western and southern boundaries lie deep within gorges carved by the Colorado and San Juan Rivers. Tributary canyons, cutting through rock layers of the surrounding deserts, have carved the land up with chasms, cliffs and plateaus. In the center of the county are Cedar Mesa, Comb Wash, Natural Bridges and Hove weep National Monuments. Canyon lands National Park is primarily within the county borders. The Eastern side of Glen Canyon National Recreation Area / Lake Powell in also in San Juan County. Rising above all, the Blue (Abajo) Mountains reach to nearly 12,000 feet (3,700 m) and the La Sal Mountains rise to 13,000 feet (4,000 m). Both ranges are covered with lush forests vividly contrasting with the scenery below. The elevation change within the county is from near 13,000 feet (4,000 m) in the La Sal Mountains to 3,000 feet (910 m) at Lake Powell, an elevation change of 10,000 feet (3,000 m). The county is cut by deep and spectacular canyons, red rock and mountain meadows, desert, and evergreen forest. The towns run primarily on a north/south axis along U.S. Route 191 and U.S. Route 163 from La Sal in the north to Monument Valley in the south. The United States District Court for the District of Puerto Rico is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San Juan. The main building is the Clemente Ruiz Nazario U.S. Courthouse located in the Hato Rey district of San Juan. The magistrate judges are located in the adjacent Federico Degetau Federal Building, and several senior district judges hold court at the Jose V. Toledo Federal Building and U.S. Courthouse in Old San Juan. The old courthouse also houses the U.S. Bankruptcy Court. Most appeals from this court are heard by the United States Court of Appeals for the First Circuit, which is headquartered in Boston but hears appeals at the Old San Juan courthouse for two sessions each year. Patent claims as well as claims against the U.S. government under the Tucker Act are appealed to the Federal Circuit. The United States first established a federal court in Puerto Rico under the Foraker Act of 1900. This court was a territorial court, operating within what the Supreme Court would soon define in the Insular Cases as an unincorporated territory of the United States. As such, the court was established under Article IV rather than Article III of the United States Constitution. The Supreme Court of the United States discussed the nature of the court in Balzac v. Porto Rico, 258 U.S. 298 (1922). Because the court was a territorial court rather than full-fledged District Courts, its judges did not enjoy Article III protections such as life tenure. The District Court in Puerto Rico continued to be an Article IV court even after Puerto Rico attained its commonwealth status. However, in 1966, the U.S. Congress conferred life tenure on the federal judges of Puerto Rico, transforming the court into a full-fledged Article III district court with the same status as the other United States District Courts throughout the country. The congressional report on the bill making this change described the change of status as being “appropriate in light of the court’s caseload and the conferral of Commonwealth status on Puerto Rico,” and also explained: There is no reason why the U.S. District Judges for the District of Puerto Rico should not be placed in a position of parity as to tenure with all other Federal Judges throughout our judicial system. Moreover, federal litigants in Puerto Rico should not be denied the benefit of judges made independent by life tenure from the pressures of those who might influence his chances of reappointment, which benefits the Constitution guarantees to the litigants in all other Federal Courts. These judges in Puerto Rico have and will have the exacting same heavy responsibilities as all other Federal district judges and, therefore, they should have the same independence, security, and retirement benefits to which all other Federal district judges are entitled. Adjacent counties San Juan County is bordered by more counties than any other county in the United States, at 14. San Juan County in Utah and New Mexico are two of twenty-two counties or parishes in the United States with the same name to border each other across state lines. The others are Union Parish, Louisiana and Union County, Arkansas, Big Horn County, Montana and Big Horn County, Wyoming, Sabine County, Texas and Sabine Parish, Louisiana, Bristol County, Massachusetts and Bristol County, Rhode Island, Kent County, Delaware and Kent County, Maryland, Escambia County, Alabama and Escambia County, Florida., Pike County, Illinois and Pike County, Missouri, Teton County, Idaho and Teton County, Wyoming, Park County, Montana and Park County, Wyoming, and Vermilion County, Illinois and Vermillion County, Indiana. Respectively. (Note, despite the different spellings, the source of the name is the same for Vermilion County, Illinois and Vermillion County, Indiana—the Vermillion River which flows through both counties.) As of the current census of 2010, there were 14,746 people and 4,505 households. The racial and ethnic composition of the population was 50.4% Native American, 45.8% white, 0.3% Asian, 0.2% African American and 2.3% reporting two or more races. 4.4% of the population was Hispanic or Latino of any race. The 2000 census there were 14,413 people, 4,089 households and 3,234 families residing in the county. The population density was 2 people per square mile (1/km²). There were 5,449 housing units at an average density of 1 per square mile (0/km²). The racial makeup of the county was 40.77% White, 0.12% Black or African American, 55.69% Native American, 0.17% Asian, 0.03% Pacific Islander, 1.70% from other races, and 1.51% from two or more races. 3.75% of the population were Hispanic or Latino of any race. In the 2000 census, there were 4,089 households out of which 47.00% had children under the age of 18 living with them, 60.40% were married couples living together, 14.10% had a female householder with no husband present, and 20.90% were non-families. 18.70% of all households were made up of individuals and 6.70% had someone living alone who was 65 years of age or older. The average household size was 3.46 and the average family size was 4.02. In the county, the population was spread out with 39.30% under the age of 18, 10.00% from 18 to 24, 25.20% from 25 to 44, 17.10% from 45 to 64, and 8.40% who were 65 years of age or older. The median age was 26 years. For every 100 females there were 99.50 males. For every 100 females age 18 and over, there were 94.90 males. The median income for a household in the county was $28,137, and the median income for a family was $31,673. Males had a median income of $31,497 versus $19,617 for females. The per capita income for the county was $10,229. About 26.90% of families and 31.40% of the population were below the poverty line, including 34.70% of those under age 18 and 35.10% of those ages 65 or over. San Juan County UT Cities, Towns, & Neighborhoods Other Populated Places in San Juan County Climate in San Juan County, UtahWeather is how the atmosphere is behaving and its effects upon life and human activities. Weather can change from minute-to-minute. Most people think of weather in terms of temperature, humidity, precipitation, cloudiness, brightness, visibility, wind, and atmospheric pressure. Climate is the description of the long-term pattern of weather in a place. Climate can mean the average weather for a particular region and time period taken over 30 years. Climate is the average of weather over time. San Juan County, Utah gets 10 inches of rain, on average, per year. The US average is 38 inches of rain per year. San Juan County averages 17 inches of snow per year. The US average is 28 inches of snow per year. On average, there are 254 sunny days per year in San Juan County. The US average is 205 sunny days. San Juan County gets some kind of precipitation, on average, 52 days per year. Precipitation is rain, snow, sleet, or hail that falls to the ground. In order for precipitation to be counted you have to get at least .01 inches on the ground to measure. Weather Highlights Natural resourcesThe only operating Uranium Processing plant in the United States operates in the town of Blanding, population 3,375. San Juan County is home to numerous oil and gas fields that produce primarily from the Desert Creek. San Juan County Utah Court DirectoryThe Utah trial court system consists of District Courts, Juvenile Courts, and Justice Courts. District Courts in San Juan County• 7th District Court – San Juan County Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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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Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/san-juan-county-utah/ In the 29 July 2009 Sanpete Messenger, the idea was suggested that Sanpete came from a nickname, San Pedro, given to a Native American by the Spanish. That story, we now know, is based only on someone’s imagination. The actual meaning of Sanpete is “bulrush” or “tule.” The “San Pedro” nickname story is false and was fabricated by a person who was behind bars while spinning major portions of book after book out of his imagination. This nickname story was picked up by a researcher of Native Americans and put on his website, which was then quoted by the Sanpete Messenger. Thus, “permanent settlements were made possible in large part by exploiting productive marshlands.” Evidence indicates that Native Americans in Sevier County seemed to have used corn and cattails as food sources. We know, however, based on investigations of early sites in nearby areas that Native Americans were also able to remain in this valley by taking advantage of one of the major resources available in the large marsh in Sanpete Valley. The Sanpete County Courthouse, at 160 N. Main St. in Manti, Utah, was built in 1935. It was listed on the National Register of Historic Places in 1985. It was built of oolite limestone in PWA Moderne style. It has a two-story central block with vertical window panels and two two-story wings with horizontal window panels. It was asserted to be “one of the best examples of the distinctive PWA Moderne architectural style in Utah.” Sanpete County is within the Utah Sixth Judicial District. The people of Sanpete County are served by a District Court, a Juvenile Court, and a Justice Court. The United States District Court for the District of Utah has jurisdiction in Sanpete County. Appeals from the District of Utah go to the United States Court of Appeals for the 10th Circuit. Sanpete County is in center of Utah. Mountains separate the county from Interstate-15, the state’s major North/South highway, which has distanced the county from major developments over the years. While early Freemont Indians and later the San Pitch Indians populated the area in peace, things changed in 1849 when Ute Chief Wakara invited the Mormon settlers to live in the Sanpete basin. In 1853 and 1854 Chief Wakara changed his mind about having the settlers in his area causing many of the settlers to move into neighboring forts for protection during the Walker War with Wakara’s people. The Black Hawk war of 1865-68 brought more conflicts between the Native Americans and the Mormon settlers. Many of the Scandinavian immigrants were sent to Sanpete County. They built their homes similar to those found in Europe and set up small communities within specific language backgrounds like Spring City that became known as little Denmark. Today, the Moroni Feed Company makes Sanpete County one of the top ten turkey-producing counties in the nation and probably helped provide your last turkey dinner. The Scandinavian influence is still felt each year in the county’s many festivals celebrating their European heritage. In addition to the festivals, Spring City Historic district has many Scandinavian homes that are on the state and national historic registers. The LDS temple, in Manti, can be seen from miles around. In June each year the annual Mormon Miracle Pageant, held on the side of temple hill, brings in over 100,000 visitors (almost 5 times the population of the whole county). The county has many areas for recreation such as fishing and hiking along with areas for off-road vehicles and snowmobiles. Palisade State Park which has camping, a golf course, and a reservoir, also helps provide water for neighboring areas. Also in the area is Snow College, a two-year state college, which brings many students from the neighboring cities to Ephraim. Adjacent counties You can keep yourself abreast of latest crime developments by doing an arrest warrant search in Sanpete County. The police as well as the judiciary in UT do a fabulous job of disseminating information pertaining to criminal acts among prospective employers and the public. In fact, the most wanted list put up on the walls of the local police station is meant to serve this very purpose while increasing police vigilance against offenders on the loose. At this point, you can only find details on case records through the civil court dockets database maintained by the office of the clerk of court. This simply means that arrest records and information on outstanding warrants from Sanpete County will be off limits to you if you are in need of crime history data. Another way is to approach the police, the county clerk or the magistrate. However, these options are only open to a certain class of employers and representatives of law enforcement agencies. Of course, you could get a personal background report from these sources. For this, go to: Sanpete County, Utah has one of the lowest crime rates in the state with less than one criminal case being brought to the police every day. Over the years, the annual crime average has stood within the 200 to 250 cases range. However, these figures may undergo a change given the over 20% increase in the rates of violent crime through the last few years. Hooper City does not require a building permit for any detached storage shed or similar structure that is 200 sq. ft. or smaller. However, these sheds do require a site plan approval showing that all setback requirements are being met. Buildings larger than 200 sq. ft. do require a building permit. Dating back to Utah Territorial days, Utah has been a fence-in state. This means those who own or care for livestock have the primary responsibility to ensure livestock does not trespass onto another’s property. Fence-out, on the other hand, largely pertains to open range lands. In recent decades, most counties have adopted a county ordinance that supports local and county interests such as agriculture needs, historic practices, growth patterns and trends. Not all counties have adopted the same ordinance. As such, it’s important for ranchers and neighbors to understand that fencing ordinances may be different across county lines. I have found contacting the county Sheriff’s office is the quickest and more reliable source to determine whether a county is “fence-in” or “fence-out” or both. There are several counties that have both. If a county chooses not to adopt an ordinance setting its policy, then the State law is used. As stated earlier, the State policy operates on a “fence-in” philosophy. If you own livestock, fence them in. However, there are two exceptions. First, if animals are on open range, and second, if your county has elected to pass an ordinance different than state law on fencing in your livestock. If your animals wander on to someone else’s land you may not be responsible. If you drove them onto someone else’s land, you may be. The courts tend to look at the facts of individual cases to determine responsibility, rather than based on the policy expressed in the county ordinance. Furthermore, the courts will look at whether what happened is an intentional and negligent act. Even if the ordinance is fence out, you are responsible for keeping your animals off someone else’s property. The proper care of livestock and respect of neighbors property and rights requires sound judgment, forward thinking and common sense. Each landowner scenario seems unique and different. Many interpret the laws and ordinances differently. With these realities, it’s good to visit with your county Sherriff’s office to ensure your understanding of county ordinances is consistent with the Sherriff, his deputy’s and staff. A Building Permit is REQUIRED for the following: Huntsville City Storage Shed Building Permit Requirements: WHEN DO I NEED A PERMIT?Accessory buildings – not attached to your house – do not require a permit if they are under Sanpete County Utah Court DirectoryThe Utah trial court system consists of District Courts, Juvenile Courts, and Justice Courts. Below is a directory of court locations in Sanpete County. Links for online court records and other free court resources are provided for each court, where available. District Courts in Sanpete County Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, 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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4.9 stars – based on 67 reviews
Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/sanpete-county-utah/ Daggett County is a county located in the Northeastern corner of the U.S. state of Utah. As of the 2010 census, the population was 1,059, making it the least populous county in Utah. Its county seat and only municipality is Manila. The county was named for Ellsworth Daggett, the first surveyor-general of Utah. There is one other small community, Dutch John, which became an incorporated town in January 2016. It is in the corner of the Colorado-Wyoming state line. With a total 1,866.39 sq.km of land and water area, Daggett County, Utah is the 1363rd largest county equivalent area in the United States. Home to 1,117 people, Daggett County has a total 1146 households earning 46917 on average per year. It is a land of spectacular redrock cliffs, snowcapped mountains, tall pines, and whitewater rapids. Daggett County may be small in population, but it has landscape on a grand scale. This rugged countryside, a boon to modern recreationists, has generally made life difficult for the area’s human inhabitant. More so than many places, climate and terrain have done much to shape this area’s history. Daggett County is a narrow strip of land along the northern slope of Utah’s Uinta Mountains. Bounded basically by the crest of the Uintas on the South, the Wyoming state line on the north, the Colorado state line on the east, and Summit County on the west, it is Utah’s twenty-ninth and youngest county. The East-West trending Uinta Mountains and the Green River are the county’s preeminent geographic features. The Green River generally flows from North to South, but where it strikes the Uintas it makes an abrupt turn to the east through Horseshoe and Red canyons. It curves southward again where it leaves Browns Park, a valley shared by Utah and Colorado. Dominating the landscape and history of the county are the Uinta Mountains, the only major east-west mountain range in North America. The Uinta Mountains are of rather recent origin, however; much of the exposed rock in the Uintas is of great antiquity some being Precambrian metamorphic rock well over one billion years old. Some of this rock has been broken and uplifted faulted and folded in geologic terms in the relatively recent past, after having been buried by increasing layers of sedimentation for hundreds of millions of years. The Uinta Range actually began its formation as a trough a depression in the earth periodically washed and submerged by ancient shallow seas. Over many millennia, the trough filled with sand and several layers of sediment. The Uinta uplift began some 80 million years ago during the mountain-building event called the Laramide Orogeny. Ancient layers of rock pushed up and through more recent strata, and the Uintas began to take shape as they are known today an anti-clinal fold about 160 miles long and thirty miles wide. The mountains contain twenty-six major formations, most of which are sedimentary rocks dating from the Precambrian to the Cenozoic periods. Though they contain almost no known commercially viable mineral deposits, they reveal a fossil record spanning 500 million years. The mountain range actually consists of two elliptical domelike segments that merge near the present town of Manila. During the Ice Ages, the summits, ridge lines, and canyons of the Uintas were scoured by glaciers, which produced the wide valleys in the mountains. The most dramatic glaciations occurred in the High Uintas, but glacial activity also took place along the eastern portion of the range. Significant glaciated areas include Burnt Fork, the several forks of Sheep Creek, Beaver Creek, and Carter Creek. According to one geological study, the Burnt Fork glacier was about eleven miles in length. Complementing the geologic epic of the Uinta Mountains is the story of Green River, a legendary river of the fur trade and the Mountain West. The subsequent collapse of the eastern Uinta summit provided this lake a new route to the sea, and this upper-basin water carved a channel through Flaming Gorge, Red Canyon, Browns Park, Lodore Canyon, and Split Mountain Canyon to join the lower Green River in the Uinta Basin. In the process, the North Slope tributaries Birch Creek, Birch Spring Draw, Sheep Creek, Carter Creek, Spring Creek, Cart Creek, Jackson Creek, Red Creek, Crouse Creek, Willow Creek, and others were altered to flow southward. Within this difficult country there are sheltered drainages, valleys, and basins that are far more hospitable to people and livestock than are the surrounding windswept badlands. Henrys Fork, Browns Park, and other smaller valleys in the county have microclimates that have made them inviting to humans for thousands of years. Indeed, throughout the area there is extensive evidence of long-standing human occupation. Stone chips, projectile points, fire pits, middens, and petroglyphs suggest that the Green River corridor has been both a thoroughfare and an area of habitation for ancient peoples. At the close of the eighteenth century, the land that would become Daggett County was generally considered Shoshoni country. Both the Shoshoni and the Utes were flourishing. White men’s horses, blankets, and ironware had brought a new material prosperity and increased leisure time. There was a flowering of the arts and spiritual pursuits. But while New Spain’s conquests had stalled in the Southwest, Britain and the young American republic continued to probe the unexplored regions of the continent. Their explorers, trappers, traders, and missionaries were traveling the inland waterways and pushing toward the Rocky Mountains. They brought more of the goods that the Indians wanted, but they also brought trouble and heartache in the form of smallpox, venereal disease, whiskey, and firearms. It was only a matter of time before white men would enter the upper basin of the Green River, and this would not bode well for the native peoples of the Uinta Mountains. According to the U.S. Census Bureau, the county has a total area of 721 square miles (1,870 km2), of which 697 square miles (1,810 km2) is land and 24 square miles (62 km2) (3.3%) is water. It is the fourth-smallest county in Utah by area. Over 90% of the land of Daggett County is under federal ownership. Land records (especially deeds) often give the name of a spouse, heir, other relatives, or other clues for further research. They often have other clues for further research, such as witnesses or the other parties who may be relatives or in-laws. Violent crime is composed of four offenses: murder and no negligent manslaughter, forcible rape, robbery, and aggravated assault. Property crime includes the offenses of burglary, larceny-theft, motor vehicle theft, and arson. The object of the theft-type offenses is the taking of money or property, but there is no force or threat of force against the victims. County Recorder’s Office: check deeds, file mining claims, get assistance in finding ownership of a particular property, and obtain copies of county plat maps. This office has county plat records dating back to 1878, prior records having been destroyed in a fire. How Do I find out how much I owe for Property Taxes In Daggett CountyA Disclosure Notice is sent out in July to all property owners, unfortunately this is not the final notice of what your taxes will be for the year. If you do not receive your Disclosure Notice, please contact the Auditor/Recorder’s Office at 435-784-3210 ext. 405. The final rates and taxes are set in September and then the Tax notices are sent out in October. If you do not receive your Tax Notice, please contact the Clerk Treasurer’s Office at 435-784-3154. You have two options for checking your taxes and both require your parcel number: the first is COINS and the other is Instant Payments Real Property Taxes are due November 30 of any given year unless that date falls on a weekend, then it is due the following Monday. In 2018, current year taxes were due Nov 30th. Taxes notices are sent out no later than October 20th of each year, so if you do not receive your Notice, please contact the Treasurer’s Office by November 1st. It is the taxpayer’s responsibility to keep their mailing address up-to-date. Adjacent counties As of the census of 2010, there were 1,059 people, 426 households, and 287 families residing in the county. The population density was 1.52 people per square mile (0.59/km²). There were 1,141 housing units at an average density of 1.63 per square mile (0.63/km²). The racial makeup of the county was 95.94% White, 0.38% Black or African American, 0.76% Native American, 0.38% Asian, 0.09% Pacific Islander, 1.42% from other races, and 1.04% from two or more races. 3.12% of the populations were Hispanic or Latino of any race. There were 426 households out of which 25.12% had children under the age of 18 living with them, 67.37% were married couples living together, 4.93% had a female householder with no husband present, and 32.63% were non-families. 29.11% of all households were made up of individuals and 13.62% had someone living alone who was 65 years of age or older. The average household size was 2.34 and the average family size was 2.91. In the county, the population was spread out with 23.61% under the age of 20, 3.78% from 20 to 24, 24.93% from 25 to 44, 28.71% from 45 to 64, and 18.98% who were 65 years of age or older. The median age was 42.8 years. For every 100 females there were 129.22 males. For every 100 females age 18 and over, there were 135.17 males. Daggett County UT Cities, Towns, & Neighborhoods Friday Harbor was chosen as the county seat when San Juan became a county in 1873. Until 1906 the affairs of the new county were conducted in various wood frame buildings, the first, a 16×24 foot shack which served as the courthouse and the home of Edward Warbass, the county’s first auditor; the second, a two-story wood-frame building at the southeast corner of Spring and First streets. In 1906 the county commissioners approved plans for a new building, one that would assume graceful proportions and to be in keeping with the dignity and growing importance of San Juan County. There were structural issues early on: a collapsed roof during construction, and six months later, foundation settling. In the 1980’s, the adequacy and safety of the building again came into question and the building was vacated. Ten years later, the building became a designated national landmark, while locally the community debated over whether to save or demolish it. A special advisory ballot passed by the voters finally tipped the scales toward restoration. In 2006 the stately and historic building celebrated 100 years of government service. He few commercial establishments in Daggett County exist to service tourists and users of the Flaming Gorge National Recreation Area. Throughout the county there is one small general store, several gas stations, five cafes or restaurants, five inns/motels, and a few miscellaneous businesses that offer raft rentals. There are also businesses that offer guided fishing trips on the Flaming Gorge Reservoir and the Green River. The economy is primarily related to recreation, management of government land, and ranching. There are no railroads within Daggett County. Daggett County Utah Court Directory Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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