By Lb344 March 15, 2016
I had a lot of concerns when I first went to Robert, I was coming out of a divorce that was hard and Robert advised me on what to do. He eased a lot of concerns, and was always there to answer any questions. He was friendly and personable and I would highly recommend him. Everything was smooth and easy. Thank you Robert for all your help! ...read more
By edavidov September 01, 2015
Robert S. Payne, was very knowledgable and explained the process in great detail. Robert was willing to work with me and made me feel very comfortable in the decision making process. There were no surprises and I am very happy that I went to see him. Thank you Robert! ...read more
By Shirley1218 December 15, 2014
"I looked for several attorneys, and when I found Robert online, and read some of his reviews I was sold. I didn't know where to start or direction to take with debt settlement, and he guided me through every step of the way. He made is extremely easy, and talking to him I felt comfortable. He is extremely knowledgeable, and experienced. I was able to ask him any questions I had. He's great at what he does!" ...read more
http://robertspaynelaw.com/myutahbankruptcyblog/2017/09/19/how-much-does-it-cost-to-file-bankruptcy-in-utah-chapter-7-or-13-or-what-are-your-attorneys-fees-to-file-bankruptcy/ I hate this question, and to be honest, I’ve put off writing this blog post for over a year. First off, I will really try to price match, so don’t automatically call the lowest bidder. Short Answer: $500 up front to file a chapter 13 or $1,000 up front for a chapter 7. Total fees go like this: Chapter 7: total attorney’s fees are $1,000 and total court filing fees $335 (which you pay directly to the court). Chapter 13: total attorney’s fees range from $3,500 to $4,000 (set by court) and total court filing fees $310 (which you pay directly to the court). Here is your breakdown for a chapter 7: You pay $1.000 to file the case. Your attorney’s fees are done for the basic Chapter 7. Next, you have to pay the filing fees to the court in installments as follows: $100 in 2 weeks $100 in 4 weeks $135 in 8 weeks. That’s it. Here is your breakdown for a chapter 13: You pay $500 to file the case. Next you have to pay the filing fees to the court as follows: $100 in 2 weeks $100 in 4 weeks $110 in 8 weeks In a Chapter 13, you also make one monthly payment to the bk trustee to cover your car payments, back taxes, mortgage arrears, etc. My remaining fees come out of this monthly payment. Every attorney in the state is awarded the same fees in a chapter 13. So you really won’t save any money by shopping around. Some attorneys will charge $0 down for a chapter 13, but I’ve found that if my clients don’t have a little skin in the game (down payment), then they never take the bankruptcy seriously). My fees are fairly comparable to the other bankruptcy firms, and I think that I can speak for all of us (bankruptcy attorneys) when I tell you that you are getting a smoking deal! I bill out at $300 an hour, so if I were billing you for a bankruptcy instead of a flat fee, your fees would look like this: $150 initial consultation (.5 hour x $300) $1,200 document gathering and draft paperwork (4 hours x $300) $300 correspondence and follow-up prior to 341 meeting (1 hour x $300) $450 attend 341 meeting with bk trustee (1.5 hours x $300) $300 follow-up with client (1 hour x $300) $300 review/sign/file reaffs (1 hour x $300) $300 correspond with client, file form 23 (1 hour x $300) So the total would be $2,900 if I could bill out my time, but if I tried to do that, I would lose you to all of the other flat fee attorneys filing cases for much, much cheaper. . I hate the whole charging fees thing because I really did get into this to help people, but it turns out that I need to charge something to keep the lights on. That’s why my fees are right in the middle for bankruptcy firms: I’m not the cheapest, and I’m definitely not the most expensive). ...read more
By Robert S. Payne, Utah Bankruptcy Attorney January 18, 2018
http://robertspaynelaw.com/myutahbankruptcyblog/2018/01/02/what-happens-to-my-2017-tax-refund-if-i-file-bankruptcy-in-2018/ You lose it unless you receive it and spend it first. In other words, if you are contemplating bankruptcy, you should probably figure out how much of a refund you’ll be getting before you pull the trigger on any bankruptcy filing. That doesn’t mean that you should drag your feet on getting the bankruptcy prepared. You should still call today, meet with a bankruptcy attorney (like me), fill out the paperwork, take the online class, and be ready to file. But, you won’t file until after you’ve received and spent that refund. And yes, you can definitely use that refund to pay your attorney’s fees for the bankruptcy. Here is a rehash of my post on this same issue last year (and the year before): What happens to my 2016 tax refund when I file bankruptcy? You lose it unless you’ve already spent it. Simply put: If you file bankruptcy before you receive and spend your tax refund, you will lose the entire thing to the bankruptcy trustee. It’s that time of year again where I have to answer the phone and tell people that I don’t want their money until February or later because of tax refund season. It makes a lean December/January in our household, but it’s the only way to protect my clients. (I am cutting and pasting from earlier posts, so please forgive the repeat information). So let’s say you get your refund February 1, 2016. What do you do? Better said, what don’t you do: 1. Don’t go buy a new toy like a dirt bike or a tv. 2. Don’t pay off any friends or family. This is a preferential transfer, to an insider no less, and it results in Mom and Dad being sued by the trustee. So what do you do: 1. Spend it on exempt items under Utah Law. This basically means food, clothing, washer, dryer, fridge, freezer, stove. (Did you see a computer on the list? No. Don’t ask me if that’s okay. It’s not). 2. And use the rest to pay me. So let’s say you spend the tax refund on food storage March 1st and keep all of your receipts. When can you file? March 2nd. Here is a relevant portion of the Utah Exemptions Act, Utah Code Title 78B Chapter 5, Section 505 An individual is entitlted to an exemption in … (viii) (A) one: (I) clothes washer and dryer; (II) refrigerator; (III) freezer; (IV) stove; (V) microwave oven; and (VI) sewing machine; (B) all carpets in use; (C) provisions sufficient for 12 months actually provided for individual or family use; (D) all wearing apparel of every individual and dependent, not including jewelry or furs; and (E) all beds and bedding for every individual or dependent; There are other items you can spend the money on, and this is by no means comprehensive, but this should give you a good idea on how to spend it. If you have questions on what to use it for, ask your attorney; that’s what he’s there for. Here are some helpful prior posts: This entry was posted in Utah Bankruptcy on January 5, 2017 . ...read more
By Robert S. Payne, Utah Bankruptcy Attorney January 18, 2018
Here is my youtube video on tax refunds in bankruptcy:https://www.youtube.com/watch?v=rUxYbeONPRs ...read more
By Robert S. Payne, Utah Bankruptcy Attorney January 18, 2018
Getting a divorce is never a pleasant experience. The cost of attorneys and court fees adds to the stress of the divorce. If both parties are in agreement with no party contesting any part of the divorce, you can file for a DYI uncontested divorce. ...read more
International divorce law can be complicated because national divorce laws vary from one another. If the couple is from different countries, one country's divorce laws may have jurisdiction over the couple in regards to the division of property and custody of children. ...read more