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Jeffrey Reid Butler
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Jeffrey Butler’s Answers

128 total


  • For Utah, at what income makes you have to do a chapter 7 when owning a home that you want to keep vs a 13 like most have to do.

    If it's more than just income level, what else determines this decision?

    Jeffrey’s Answer

    You don't have to file a Chapter 7 bankruptcy if your income is below the median household income. Some people prefer filing a Chapter 7 so that they can discharge unsecured debt. Bankruptcy law offices run a means test. There are other considerations, including how much or little equity is in your primary residence, if you have a car loan, whether you have IRS debt, how much student loans you may have, etc. It's best to meet with a lawyer and get a free initial consultation.

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  • What should i do?

    I work in a outdoor setting and was hit by a car while working. It was on private property and i was injured. I had to be ambulance to the hospital with dislocations and major lacerations. The woman claimed she hit the brakes and that they did not...

    Jeffrey’s Answer

    You should talk with a lawyer quickly. There may be a few ways in which to seek reimbursement. Many firms, like mine, offer free initial consultations. You may want to call a few different law offices and see what options they may suggest to you.

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  • What is the best option to remove name from title?

    We filed Chapter 13 2 years ago. We surrendered our home at that time because it has severe mold issues. We were told by our attorney the bank would foreclose. They are not. We are being fined by the city for maintenance. What is our smartest opt...

    Jeffrey’s Answer

    That's a good question. Some times banks will hold off foreclosing even though the borrower filed bankruptcy. You probably should call the attorney who filed bankruptcy for you for advice. You are now being fined by the city and this may be a problem for you for some time. Most attorneys, like at my office, do provide free consultations.

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  • Our bank account got garnished by a creditor can we get our money back

    We did have a judgement against us

    Jeffrey’s Answer

    You can try to get your money back. But unless the money in your bank account came from an exempt source (such as social security income), it's likely that money is gone. The thing you need to worry about now is whether you owe more money than what was levied from your bank account. If you still owe money to a creditor who has the judgment against you, you are possibly still at risk of wage garnishments and bank levies. If so, you should meet with a bankruptcy attorney soon, pull your credit report to find out how much is owed on the judgment or judgments, and proceed quickly. Most bankruptcy lawyers, like at my office, offer free initial consultations.

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  • I was served with a summons for an unpaid payday loan. What can I do? The original loan amount was for $500.00.

    They are suing me for $3357.00. I last paid on the loan in May. I can't afford to pay this amount or have my wages garnished @ 25%.

    Jeffrey’s Answer

    You should take the documents and meet with a bankruptcy or debt settlement attorney and ask for a free consultation. You will need to respond to the documents regardless of whether or not you hire a lawyer.

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  • Im a bankruptcy preparer and the trustee is coming after me should I hire an attorney?

    I never give legal advice and I always make sure my info is listed on all the ones I prepare I'm going to school to become an attorney and I am so scared right now I dont know what they are going to do to me please help

    Jeffrey’s Answer

    You need to call an attorney quickly. There can be various reasons why a trustee would be "coming after" you, including the unauthorized practice of law. Most attorneys will offer consultations. This is a serious matter.

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  • I voluntarily had my car repossessed six years ago.The California bank sent letters and people called me from different states.

    I sent some of the money but have not had stable employment for six years so I could not make a commitment monthly to a specific amount they requested. Different collection agencies have sent requests by mail for an ever increasing amount due to d...

    Jeffrey’s Answer

    You should probably talk with an attorney sooner than later. They have the right to enter a judgment against you for failing to pay the auto loan contract as agreed when you initially purchased your car. By making payments as you can, however, you may actually be doing yourself a disservice.

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  • Capital One is suing me for unpaid credit card debt. I am out of town. The court date is 7/2/13. How can I change date??

    I have a Civil Case/ collections case. Capital One is suing me for unpaid credit card debt. They filed an "amended notice of motion for judgement on the pleadings" and hearing is set for TUESDAY, July 2, 2013. I am out of town. Is there a form I ...

    Jeffrey’s Answer

    You may want to call the collection agency representing Capital One and ask for a continuance. They may just say "no", but it's worth a call.

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  • I want to save my Chapter 13 Bankruptcy. Can I still make payments if my Chapter 13 Bankruptcy has a motion to be dismissed?

    I'm 2 months behind on my payment plan. I was planning to make a payment on my bankruptcy today. I received a letter in the mail for a motion to dismiss my case. Should I wait on making my payment? Or can I still send it?

    Jeffrey’s Answer

    Plan on making your payment as soon as possible. You should call your bankruptcy attorney about filing a objection to the court's motion to dismiss your case. Your attorney may likely charge you for the motion; but the attorney may be able to submit a fee application that will help you avoid paying out of pocket for the objection. Either way, call your attorney quickly.

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  • Can I have 3 garnishments come out at the same time ;;gb

    3 different companies are garnishing my check at the same time

    Jeffrey’s Answer

    Typically one creditor garnishes a debtor's paycheck at a given time. You need to talk with an attorney soon to see if things are amiss. Most bankruptcy attorneys will offer you a free initial consultation. If the garnishments are being done incorrectly, you will have options to address the mistake.

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