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Jeffrey Reid Butler
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Jeffrey Butler’s Answers

129 total


  • 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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  • Can I lose my car in bankruptcy?

    I am going to meet with an attorney soon to discuss bankruptcy. I am over my head in debt and need help. I was wondering if I will lose my car if I declare bankruptcy? I own it (paid that off last year) and the value is over $5000.

    Jeffrey’s Answer

    I agree with Laura's answer. Get your vehicle appraised at Erkelens & Olsen in SLC. It may show a lower value. Some people file Chapter 13 bankruptcies if they worry that the vehicle equity exceeds the vehicle exemption. But the attorney should be able to explain how that works.

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  • The BofA is forclosing on my home in Colorado. Can they come after me for any debt after the court agrees to sell the home?

    The home is worth about $185,000 and I owe $277,000.

    Jeffrey’s Answer

    You run the risk of a deficiency judgment. And since you are not living in the house because you live in Utah, this risk increases. I have had clients from other states (including Colorado) move to Utah and have lenders pursue them for a deficiency after a short sale or foreclosure. The other risk you are likely to have is a 1099 from B of A. You could have tax liability on the difference between what you owe and what is sells for. You should talk with a bankruptcy lawyer.

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  • My father passed away recently, he put his will together 40 yrs ago and it was never updated. we opened the Will and discovered

    it didn't match what he had been telling his children the last twenty years regarding his wishes. The Will has the two witness signatures but not our parents signatures. We assume the Will is good but we are not sure on how to proceed with this si...

    Jeffrey’s Answer

    The best advice is to have an Experienced estate planning attorney review the will. A knowledgeable attorney who practices in wills and trusts can guide you with a good road map on how to proceed. Some estate planning firms, such as mine, do offer free initial consultations.

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  • I was in an accident Friday

    I was in an accident on Friday night 9:45 and my car crashed with another car while I was crossing a four way light intersection I am pretty sure that I was on green light and the other car came an hit me when i am on the middle of the intersect...

    Jeffrey’s Answer

    I agree with the other comments. You probably need to talk with a lawyer or two and get his or her opinion. http://www.youtube.com/watch?v=VK5_vkRL0uM&feature=share

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  • Can a collection agency refuse to give me their address?

    I believe this is a collection agency. However, I was unable to obtain that confirmation when speaking to an agent. The agent advised me that there is a claim against me for an alleged debt from 2012. The agent also told me I breached a contract w...

    Jeffrey’s Answer

    Did you take out a payday loan in the past? One way you can verify if a collection agency is trying to collect from you is by pulling your credit report. You can pull it for free at www.annualcreditreport.com. You can also meet with a lawyer for a consultation.

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  • I HAVE MEDICAL BILLS AT HOSPITAL I HAVE NOT PAID ON IN SEVEN YEARS , CAN THEY STILL TRY TO COLLECT ? IS THERE A CERTAIN AMOUNT

    OF YEARS OR WILL I ALWAYS OWE THIS BILL

    Jeffrey’s Answer

    The answers below are correct. Utah has a statute of limitation on how long a written contract can be enforced. When you received medical attention, you most likely signed a document agreeing to pay the medical bills. Utah collection agencies are fairly aggressive attempting to collect on medical bills. You can pull your credit report to see if a creditor had obtained a judgment against you. You should meet with a lawyer and see if you need to look at bankruptcy options.

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  • Can I call my sisters ch 13 BK attorney or trustee on her behalf? Will they talk to me?

    My sister travels a lot and is confused by what is happening with her case. She is not happy with her attorney and has asked me to help her.

    Jeffrey’s Answer

    A client that travels can make communication inconvenient for both the client and the attorney. Your sister's lawyer is unlikely not speak with you without verbal authorization from your sister. Call the attorney and see what authorization is needed. If she is not happy with her attorney, she needs to communicate that to her attorney and see if things can be resolved. Otherwise, she may want to consider looking at using another lawyer to help her with her case.

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