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  1. Trusts: Re: Is It Ever Possible to Convert a Revocable Living Trust to a Business Trust

    My understanding is a business trust is an irrevocable trust designed to make money.

    A personal, living revocable trust has taxes passed through to the individual. Thus if the individual declares...
  2. Trusts: Is It Ever Possible to Convert a Revocable Living Trust to a Business Trust

    My question involves estate planning in the state of: UT

    Is it ever possible to convert a revocable living trust to a business trust?
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    Bankruptcy Issues: Average Fee for a Chaper 11

    My question involves bankruptcy in the state of: UT

    What is the average attorney fee for a chapter 11 around Utah or neighboring states?
  4. Chapter 13: Providing Collateral for Someone Else's Loan

    My question involves bankruptcy in the state of: UT

    I provided a house as collateral for someone else's loan.
    The person defaulted and now the lender is foreclosing on my house.

    I don't owe...
  5. Re: Facing Vexatious Litigant Hearing in Southern California

    In many cases your attorney can represent you at hearings and motions. You have to show when you need to testify as a witness of course.

    What are you being sued for? Why is the person so...
  6. Debt Collectors: Re: Credit Card Default and Possible Arrest Warrant

    There is one exception. If a judgment was entered and the Plaintiff filed a Motion and Order for supplemental proceedings the defendant has to show for a debtor's examination.

    The motion asks...
  7. What's The Equivalent of a P.A. in the Legal System

    My question relates to legal practice in the state of: UT

    In medicine we have Physician Assistants.
    PA's are licensed under a doctor. They can prescribe drugs, perform minor surgery and often...
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    Chapter 13: Can an Attorney Be Hired Post Filing?

    My question involves bankruptcy in the state of: UT

    In many civil cases an attorney can be hired in the middle of a trial.
    The attorney files a Notice of Entry of Appearance of Counsel.

    Is the...
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    Chapter 13: Making Up Past Due Mortgage Payments

    My question involves bankruptcy in the state of: UT

    If mortgage payments are to be caught up in a Chapter 13 plan, are the lien holders allowed to collect their full interest and attorneys' fees...
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    Chapter 13: Chapter 13 Super-Discharge

    My question involves bankruptcy in the state of: UT

    Is everyone familiar with the Chapter 13 Super Discharge?
    How exactly does it work and where can I find more information on it?
  11. Chapter 13: Re: Can an EIN or TIN Be Used in Place of a Social Security Number on a BK Filing?

    I believe you can only qualify for an ITIN if you can't get a social security number.
  12. Chapter 13: Can an EIN or TIN Be Used in Place of a Social Security Number on a Bankruptcy Filing

    My question involves bankruptcy in the state of: Utah

    The bankruptcy courts require filing a B21 (Official Form 21) (12/07)
    STATEMENT OF SOCIAL-SECURITY NUMBER OR
    INDIVIDUAL...
  13. Chapter 7: Re: Do I Need a Lawyer or a Full Service to File My Bankruptcy

    You can file bankruptcy yourself. Keep in mind if you mess up just one form they can dismiss your case. Then you have to refile and you have two bankruptcies on your credit report. that's why some...
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    Chapter 13: Re: Motion to Dismiss

    The trustee has a responsibility to look at the rights of creditors too.
    They don't file motions to dismiss lightly. I strongly suggest you seek legal advice from a competent attorney and YES you...
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    Chapter 13: Re: Chapter 13 and Tax Lien

    Is your goal to keep your house? Then you need to pay the taxes as well.

    I don't really understand why you are asking this question. Your taxes are a debt and the bankruptcy laws require you list...
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    Eviction Process: Re: Accepting Rent After Eviction

    Utah law allows treble damages from the date the 3 day notice to pay or vacate is served. In my case I also have daily late fees assessed. My argument is his payments only offset daily late fees...
  17. Eviction Process: Re: Landlord Accepts $ After 5 Day - then Evicts

    I am from Utah so I don't know the technicalities of Nevada law.

    However, generally speaking if you have an e-mail from her with instructions you have a verified contractual agreement. Be careful...
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    Eviction Process: Re: Can I Change the Locks?

    I really don't think we misunderstood here. When someone asks if they can "change the locks" it almost always means the exterior locks.
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    Eviction Process: Re: Can I Change the Locks?

    If the courts consider her a tenant and you change the locks then you could be sued.

    Sadly, I feel your best choice is to load all of your stuff into storage for 30 days and then move it back once...
  20. Eviction Process: Re: Landlord Is Not Depositing Rent Checks, and Wants to Evict

    I agree with this statement. 99% of the time my tenants don't show. When they do show they usually don't have a case anyway.

    Also, it sounds to me like you need to pay every single payment by...
  21. Eviction Process: Re: Landlord Is Not Depositing Rent Checks, and Wants to Evict

    I own many properties so I want to give a landlord's perspective.
    Hopefully my perspective will help you see what a judge might see and what your Landlord might feel.

    If you paid your rent on...
  22. Eviction Process: Re: Rented Condo Foreclosed - What Rights Do the Tenants Have?

    If she was on a month to month lease the original owner could give her a 30 day notice at any time.

    Moving is awful, but I think we need to be completely objective here.
    She could have been given...
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    Eviction Process: Accepting Rent After Eviction

    My question involves an eviction in the state of: Utah

    I served a tenant a three day notice to pay or vacate in April.
    An order of restitution (authorizing eviction) was signed in May. ...
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    Unlawful Eviction: Re: Wrongful Attempted Eviction

    I suppose one could argue you have a libel claim and that your reputation was damaged.

    The real question is do you want to continue living there?
    I would take up your case with the property owner...
  25. Chapter 13: Re: Owner of Home I'm Renting Has Filed Bankruptcy

    This is an ugly situation. You have a contractual obligation yo pay your rent, but you might get kicked out at any time too.

    Here's what I would do.
    1. Ask if she's reaffirmed her loan.
    2. ...
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