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Jeffrey Reid Butler
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Jeffrey Butler’s Answers

126 total


  • We are filing chapter 13 and we own property with two ofther family members. It is 6.3 acres and is worth about $24,000 to

    $34,000. How will the chapter 13 affect the other owners?

    Jeffrey’s Answer

    You have raised an interesting question. But I would need additional information, such as whether the property is only land, if the property has a house on it, if you are living in the house, and how the property ownership is divided. You may want to call an attorney so he or she can ask you more questions in order to accurately assess your bankruptcy property question.

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  • Will I lose my vehicle in a Utah bankruptcy chapter 7 or not?

    I filed chapter 7 in Utah and I'm now including all of my debts and other things like that. I want to keep my vehicle (if possible), so I don't know if I should include it in the bankruptcy or not or if it is a question that can be answered by som...

    Jeffrey’s Answer

    If your car is worth $5,000 and you owe $2,000, you should be able to keep your car in a Chapter 7 with the vehicle exemption. Be careful on where you get your valuation, however. Sometimes I will refer my clients to Erkelens & Olsen Auction Company for a more accurate valuation.

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  • Can I file bankruptcy on my own if I am still legally married? Can I keep my car and file chapter 7?

    My husband and I have been separated ( not legally) for almost 2 years. We have no joint debt.

    Jeffrey’s Answer

    Yes, you can file bankruptcy individually, even if you are still married. And if you have been separated for almost 2 years, that may be the better option. But if you have incurred marital debt and are planning on divorcing, you may want to consider filing jointly to have one less point of issue during a divorce proceeding. A lawyer can go into the pros and cons of either option. The second question as to whether you can keep your car can only be determined by looking at the vehicle value as it relates the vehicle obligation. Again, a lawyer can help you assess whether you can keep your car.

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  • On December 3 my daughter was hit by a truck while in a crosswalk. She had her femur broke and pelvis broke

    She needed a rod put in her leg. medical bills are all ready at 70.000 dollars and going up. But from what i have been told is his insurance coverage is only 25.000 pay out. I Guess that's the minimum coverage for utah drivers.So dose that mean I ...

    Jeffrey’s Answer

    I'm sorry to hear about your daughter getting hit by a truck. I agree with many of the comments above. It sounds like you should talk with a personal injury attorney. Most of us personal injury attorneys in Utah do give free initial consultations. There are a few different ways insurance policies work and it would be prudent for you to get opinions from a couple attorneys.

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  • What options are available if a judgement has been filed even when you've tried to set something up.

    what can you do if you have tried to set up payment arrangements with a company and then their lawyer and they refuse everything except the full amount and then get a judgement against you.

    Jeffrey’s Answer

    I agree with the answers below. Once you have a judgment against you, you don't have a lot of negotiating power. Talk with a bankruptcy lawyer and see what options he or she could give you. But other than that, you will want to try to avoid getting your wages garnished by making some type of payment arrangement.

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  • I filed Bankruptcy in October 2013.Payday loans where involved and now they are telling me they are going to send me to jail.

    February 2014 I got my dismissed letter. I have not done any payday loan since. They are calling me and telling me that they are going to send me to jail for fraud. If I don't make payment arrangements. Can they do that? They are telling that they...

    Jeffrey’s Answer

    It's likely a scam. If they call back, just refer them to the bankruptcy attorney who assisted you.

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  • Can student loans be included in a bankruptcy?

    I received a summons from the court that the collection agency handling my Sallie Mae student loans is going to sue me. I have no assets and make 50,000/year, but have credit card debt and student loans - can I still file for bankruptcy? If not,...

    Jeffrey’s Answer

    I agree with Ms. Lieber's comments. Unfortunately, your mother is still liable on those debts until those debts are discharged. Fortunately, the White House is looking at student loan forgiveness through bankruptcy again.

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  • Is there any way to keep my tax return for the year if I file bankruptcy?

    I am a single mom of two who makes about 30,000 a year and need my return to help pay for expenses throughout the year, is there a law that allows me to exempt my return?

    Jeffrey’s Answer

    I'm unaware of a law that allows you to exempt your tax refund in a Chapter 7. If you anticipate receiving a refund, I would suggest you meet with a lawyer and discuss not filing Chapter 7 until you after deciding what to do with your tax refund. You may be able to use some of your tax refund to pay for attorney fees and other expenses prior to filing a Chapter 7. There are other legal considerations that you can discuss with your lawyer related to your tax refund. If you have already filed, the trustee will likely require you to hand that money over. Hopefully your lawyer explained that to you if you just filed for bankruptcy this year before getting your tax refund.

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  • How much cash is exempt in Utah Chapter 7 Bankruptcy?

    What would be the amount of cash that I can exempt in Chapter 7 bankruptcy if my income is strictly commission and varies greatly (I might make good money one month, and nothing for the next 4). I have an LLC with minimum monthly business expens...

    Jeffrey’s Answer

    You asked a good question. But I'd need a little more information before I could answer you correctly. If you have an LLC with its separate bank account (not commingled with your personal income), then you may be able to have some money in the business bank account. But the court would look into whether your business has any obligations that it would continue pay on even if you had filed for bankruptcy protection. The best option would be to meet with a bankruptcy lawyer.

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