Skip to main content
Jeffrey Reid Butler
Avvo
Pro

Jeffrey Butler’s Answers

129 total


  • Is it legal for someone to write a letter pretending to be from their lawyer?

    Former employer is harrassing me and when I respond back they sent me a cease and desist order through Facebook messenger that the employer wrote pretending to be their lawyer?

    Jeffrey’s Answer

    It is not legal for someone to write a letter pretending to be from their lawyer. But I'm sure you already knew that answer. The real question would be: why would someone write a letter pretending to be from their lawyer? Different lawyers offer various options based on the fee arrangements set forth in the retainer agreement. For instance, if a creditor is attempting to collect on a debt, that person may be better off hiring a bankruptcy attorney to forward the collection calls. http://www.lawyerinutah.com/in-a-legal-battle-better-dial-kyle-adams

    See question 
  • I suspect that the strange calls I'm getting have to do with an old 2nd mortgage and I'm wondering if I should worry.

    Could a second mortgage holder come after me for a debt even though the home was foreclosed on 5&1/2 years ago? Also it has never been listed as being in collections on my credit report this whole time other than showing that it was written off an...

    Jeffrey’s Answer

    Yes, you probably need to worry. If you signed a mortgage that was foreclosed on, you likely still have liability on the contract with the 2nd mortgage. You may want to talk with a bankruptcy lawyer.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question 
  • 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.

    See question