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What is a Living Will?

     A Living Will is a healthcare directive–known in various states as a Right to Die Form, a Do Not Resuscitate Form, a Directive to Physicians or a Health Care Declaration. No matter what it is called, a person making the document can identify his or her wishes about what life-prolonging treatment should be withheld or provided if he or she becomes unable to communicate those wishes to physicians and other health care providers. Doctors and other health care providers who receives a properly signed and witnessed and/or notarized directive is under the legal duty either to honor its instructions or to make sure the patient is transferred to the care of another doctor who will honor its instructions.

     Because Living Wills sprung from the “Right To Die” movement in which the focus was dying without medical intervention, many people tend to think of Living Wills simply as documents appropriate only for directing that life-prolonging procedures be withdrawn or withheld. However, these documents should more correctly be viewed as a way to direct doctors to provide you with whatever type of medical care you want, within reason. For example, some people want to reinforce that they would like to receive all medical treatment that is available, while other people may want artificial nutrition and hydration, but no life support, while other people may just want procedures for comfort alone and medication for pain.  A Living Will is the proper place to specify any of these wishes. 

To read more on Living Wills and Powers of  Attorney visit our website at
http://clllawfirm.com/estate-plan1.html

Related articles

• Living Wills and Other Advance Directives (everydayhealth.com)

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 The current economy is affecting many hard-working people, and causing financial hardships for many.  Bankruptcy may be able to get you out of such tough financial situations.  Talk to a bankruptcy lawyer today to see if bankruptcy is right for you. 

Our Bankruptcy Attorneys can help you:

• Stop Bill Collectors
• Stop Pay Day Loans
• Stop Lawsuits
• Stop Repossessions
• Stop Foreclosures
• Stop Tax Garnishment
• Get help with Student Loan Debt
• Get help with Judgments
• Get Help with Back Taxes

Bankruptcy is a way to get a fresh start free of debt. A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems.  This website cannot explain every aspect of the bankruptcy process.  If you still have questions after reading it, you should speak with an attorney familiar with bankruptcy.  Whether bankruptcy is right for you depends on your unique financial situation, and will be determined after discussions with our attorney but the information below should answer some of your basic questions.

FREQUENTLY ASKED QUESTIONS

What Is Bankruptcy?  Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start.  The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court.  Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.

What Can Bankruptcy Do For Me?  Bankruptcy may make it possible for you to:

·        Eliminate the legal obligation to pay most or all of your debts.  This is called a “discharge” of debts.  It is designed to give you a fresh financial start.

·        Stop foreclosure on your home and allow you the opportunity to catch up on missed payments.

·        Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.

·        Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.

·        Restore or prevent termination of utility service.

·        Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

What Bankruptcy Cannot Do.  Bankruptcy cannot, however, cure every financial problem.  Nor is it the right step for every individual.  In bankruptcy, it is usually not possible to:

·        Eliminate certain rights of “secured” creditors.  A creditor is secured if it has taken a mortgage or other lien on property as collateral for a loan.  Common examples are car loans and home mortgages.  You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money on the debt if you decide to give back the property.  But you generally cannot keep secured property unless you continue to pay on the debt.

·        Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, most student loans, court restitution orders, criminal fines, and most taxes.

·        Protect cosigners on your debts.  When a relative or friend has co-signed on a loan, and the consumer discharges the loans in bankruptcy, the cosigner may still have to repay all or part of the loan.

·        Discharge debts that arise after bankruptcy has been filed.

What Must I Do Before Filing Bankruptcy?  You must receive budget and credit counseling from an approved credit counseling agency with 180 days before your bankruptcy case is filed.  The agency will review possible options available to you in credit counseling and assist you in reviewing your budget.  Different agencies provide the counseling in-person, by telephone, or over the internet at a cost of about $35.00 to $50.00.  If you decide to file bankruptcy, you must have a certificate from the agency showing that you received the counseling before your bankruptcy case was filed.

What Property Can I Keep?  Filing for bankruptcy does not mean that you will automatically lose all of your property.  In a chapter 7 case, you can keep all property which the law says is “exempt” from the claims of creditors.  In determining whether property is exempt, you need to consider the value of the property and your equity in the property, if any.    In a chapter 13 case, you can keep all of your property if your plan meets the requirements of the bankruptcy law.

What Will Happen to My Home and Car If I File Bankruptcy?  In most cases you will not lose your home or car during your bankruptcy as long as your equity in the property is fully exempt.  Even if your property is not fully exempt, you may still be able to keep the property in either a chapter 7 or a chapter 13, provided certain requirements are met.

Will Bankruptcy Affect My Credit?  Bankruptcy will stay on your credit for about 7 to 10 years.  Unfortunately, if you are behind on your bills, your credit may already be bad and bankruptcy will probably not make things any worse.  Because bankruptcy wipes out your old debts, this will help your credit score.  Additionally, after your discharge you will likely in a better position to pay your current bills, and you can immediately start rebuilding your credit. 

Will Everyone Know That I Filed For Bankruptcy?  Bankruptcy is public record but unless you are a prominent official in society, people aren’t going to go looking. In most cases, the only people who are going to know are those who you tell and those who have access to the bankruptcy court record system.

Am I a “Bad Person” For Filing Bankruptcy?  No.  There is a reason that over one million people file for bankruptcy each year and it is not because they are bad people.  Many times people have to file because they have lost their job, gone through divorce, or experienced medical illness.  Bankruptcy is a solution to help good people get through a bad time. It provides hard working people with the fresh start that they deserve, but are not able to obtain on their own. Bad times don’t make a person bad.

Can I Choose What Debts to Include In My Bankruptcy?  No. You do have to list all of the debts that you owe and the property that you own. You cannot discriminate between creditors, even if you want to keep paying them.  Some of your creditors may get paid after the bankruptcy, but you must list all of your debts in your bankruptcy paperwork.  

Is It Hard To File For Bankruptcy?  No. There is a lot of paperwork involved, but having a skilled attorney makes the process much smoother. At your FREE initial consultation, we will discuss what paperwork you need to gather before we file your bankruptcy case.

Can Back Taxes Be Discharged In Bankruptcy?  It depends.  You may be able to get rid of income taxes that are more than three years old by filing bankruptcy. There are several qualifications that have to be met in order for the taxes to be wiped out, but having just a portion of the taxes discharged can be a big relief.

What If I Have Filed Bankruptcy Before?  Although you can file for bankruptcy as many times as you like, you are limited by how often you can receive a discharge. You can receive a discharge from Chapter 7 once every 8 years. You can receive a discharge from Chapter 13 every 2 years. If you get discharged in a Chapter 7 you have to wait 6 years before getting a discharge from Chapter 13. If you get a Chapter 13 discharge then you need to wait 4 years to get discharged from a Chapter 7.

Can Creditors Still Harass Me If I File For Bankruptcy?  When the bankruptcy is filed, a protection called the “automatic stay” is put onto you and all of your property instantly. Creditors are not allowed to contact you for any reason, which includes calling or even billing you. If they persist in harassing you, you do have remedies available through the Federal Bankruptcy laws, which our attorneys can explain to you.

Call Kimberly Stevens at 801-393-5555 to schedule a free consultation.

Visit our bankruptcy website for more information at www.stopdebtutah.com

Related articles

• How to Know If Bankruptcy is Right? (creditrepair.org)
• What happens if you declare bankruptcy (moneyville.ca)
• What happens in bankruptcy (thestar.com)
• Already Filed for Bankruptcy? Don’t Worry, it Might be a Solution for you! (debtsettlementevents.wordpress.com)
• Some Notes on Filing for Bankruptcy (thesimpledollar.com)

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Hi we have a new website for our bankruptcy clients.  Please visit http://www.stopdebtutah.com

Related articles

• Bankruptcy Attorney John Skiba Reminds Consumers that Arizona Bankruptcy Protects Charitable Contributions and Tithes (prweb.com)
• Research bankruptcy before filing (seattletimes.nwsource.com)
• Can I File Bankruptcy Online? (thinkup.waldenu.edu)

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 The current economy is affecting many hard-working people, and causing financial hardships for many.  Bankruptcy may be able to get you out of such tough financial situations.  Talk to a bankruptcy lawyer today to see if bankruptcy is right for you. 

Our Bankruptcy Attorneys can help you:

• Stop Bill Collectors
• Stop Pay Day Loans
• Stop Lawsuits
• Stop Repossessions
• Stop Foreclosures
• Stop Tax Garnishment
• Avoid Bad Credit
• Get help with Student Loan Debt
• Get help with Judgments
• Get Help with Back Taxes

Bankruptcy is a way to get a fresh start free of debt. A decision to file for bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems.  This website cannot explain every aspect of the bankruptcy process.  If you still have questions after reading it, you should speak with an attorney familiar with bankruptcy.  Whether bankruptcy is right for you depends on your unique financial situation, and will be determined after discussions with our attorney but the information below should answer some of your basic questions.

What Is Bankruptcy?  Bankruptcy is a legal proceeding in which a person who cannot pay his or her bills can get a fresh financial start.  The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court.  Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.

What Can Bankruptcy Do For Me?  Bankruptcy may make it possible for you to:

• Eliminate the legal obligation to pay most or all of your debts.  This is called a “discharge” of debts.  It is designed to give you a fresh financial start.
• Stop foreclosure on your home and allow you the opportunity to catch up on missed payments.
• Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
• Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
• Restore or prevent termination of utility service.
• Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you really owe.

What Bankruptcy Cannot Do.  Bankruptcy cannot, however, cure every financial problem.  Nor is it the right step for every individual.  In bankruptcy, it is usually not possible to:

• Eliminate certain rights of “secured” creditors.  A creditor is secured if it has taken a mortgage or other lien on property as collateral for a loan.  Common examples are car loans and home mortgages.  You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money on the debt if you decide to give back the property.  But you generally cannot keep secured property unless you continue to pay on the debt.
• Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, most student loans, court restitution orders, criminal fines, and most taxes.
• Protect cosigners on your debts.  When a relative or friend has co-signed on a loan, and the consumer discharges the loans in bankruptcy, the cosigner may still have to repay all or part of the loan.
• Discharge debts that arise after bankruptcy has been file.d

What Different Types of Bankruptcy Cases Should I Consider?  There are four types of bankruptcy cases provided under the law:

Chapter 7 may eliminate most types of unsecured debts, such as credit cards; medical bills; most personal loans; judgments resulting from car accidents; and deficiencies on repossessed vehicles.  If your house and car payments are current, you may be able to keep your home, car, and personal belongings, but eliminate your debt; that is our goal with Chapter 7.

Chapter 13 is a debt repayment plan, through which you consolidate your debts and make a payment on your debt over a 3 to 5 year period. While in a Chapter 13 debt repayment plan, the creditors cannot collect from you, and the creditors are required to adhere to the terms of the plan.  The plan payment is calculated based upon the amount and type of your debt and your income and expenses.  Debts that are generally consolidated in a Chapter 13 bankruptcy are mortgage arrears, balances on vehicle loans, student loans, credit card debts and other unsecured debts. All outstanding debts must be included in the Chapter 13 bankruptcy consolidation.

Chapter 11, known as “reorganization is used by businesses and a few individuals whose debts are very large.

Chapter 12 is reserved for family farmers and fishermen.

Most people filing bankruptcy will want to file under either chapter 7 or chapter 13.  Either type of case may be filed individually or by a married couple filing jointly.

What Must I Do Before Filing Bankruptcy?  You must receive budget and credit counseling from an approved credit counseling agency with 180 days before your bankruptcy case is filed.  The agency will review possible options available to you in credit counseling and assist you in reviewing your budget.  Different agencies provide the counseling in-person, by telephone, or over the internet.  If you decide to file bankruptcy, you must have a certificate from the agency showing that you received the counseling before your bankruptcy case was filed.

What Property Can I Keep?  In a chapter 7 case, you can keep all property which the law says is “exempt” from the claims of creditors.  In determining whether property is exempt, you need to consider the value of the property and your equity in the property, if any.    In a chapter 13 case, you can keep all of your property if your plan meets the requirements of the bankruptcy law.

What Will Happen to My Home and Car If I File Bankruptcy?  In most cases you will not lose your home or car during your bankruptcy as long as your equity in the property is fully exempt.  Even if your property is not fully exempt, you may still be able to keep the property in either a chapter 7 or a chapter 13, provided certain requirements are met.

Will Bankruptcy Affect My Credit?  There is no clear answer to this question.  Unfortunately, if you are behind on your bills, your credit may already be bad.  Bankruptcy will probably not make things any worse.  The fact that you’ve filed a bankruptcy can appear on your credit record for ten years from the date your case was filed.  But because bankruptcy wipes out your old debts, you are likely in a better position to pay your current bills, and you may be able to get new credit.  Also, you should check your credit report after your bankruptcy discharge and file a dispute with credit reporting agencies if this information is not correct.

 Coggins, Larreau & Lythgoe, PC

Call Kimberly Stevens @ 801-393-5555

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 The firm is pleased to announce the addition of Attorney Kimberly L. Stevens as an Associate. Kimberly handles Bankruptcy, Real Estate and Civil Litigation. A native of Midvale, Utah, Kimberly earned a degree in Economics from Weber State University, where she became interested in the legal field. After working as a paralegal in Ogden, Kimberly attended Western New England College School of Law in Springfield, Massachusetts. Upon earning her Juris Doctorate degree, Kimberly worked as a municipal attorney and also opened her own law office, practicing mainly Bankruptcy, Real Estate and Collection Law. Kimberly is licensed to practice in Utah, Massachusetts and Connecticut; and is a member of National Association of Consumer Bankruptcy Attorneys.

“I am excited to return to Utah, and to work with such an excellent firm,” said Kimberly. “The attorneys and staff are all very dedicated to serving their clients, and I am happy to be part of that.”

The law offices of Coggins, Larreau & Lythgoe, PC are located on the corner of 24^th and Grant Street in Ogden, but provides services throughout the state of Utah. Our attorneys provide representation in the areas of Business Law, Criminal Law, Divorce and Family Law, Estate Planning, Personal Injury Law, Real Estate Law, Workers Compensation, Social Security Disability and Bankruptcy. Contact our office today at (801) 393-5555 for a free, confidential consultation.

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Deven J. Coggins is a native of Ogden, Utah, where he excelled in athletics, earning football scholarships to Dixie College and Brigham Young University. While at Brigham Young University, he earned a degree in Psychology and worked as a counselor for the State of Utah Department of Youth Corrections.
Deven earned a Juris Doctorate from Lewis and Clark College, Northwestern School of Law. After completing law school, Deven practiced Criminal Law in Portland, Oregon, for two years. Deven then returned to Utah with his wife, Paula, and two daughters, Jantzee and Rylee, to practice Personal Injury Law with the firm of Siegfried and Jensen in Salt Lake City. Deven left Siegfried and Jensen in 1998 to return to Ogden to practice law in a more intimate setting. In 2001, Deven and his wife, Paula, had their third child, Cannon.

Deven provides services in the areas of Criminal Defense, DUI Law, Personal Injury and Auto Accident Law, Contested Divorce and Paternity, Custody, Child Support and Visitation, and Divorce Modifications. Because of his experience in Personal Injury litigation, Deven acts as Coggins, Larreau & Lythgoe’s Personal Injury Manager.

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        Scott Lythgoe was raised in Ogden, Utah. After graduating from high school, he served an LDS mission in Spain and thereafter enrolled at Utah State University and the Air Force ROTC program. Scott earned a degree in Human Resource Management and was commissioned to 2nd Lieutenant in the United States Air Force. Scott spent 5 ½ years on active duty and flew operation combat support missions during Desert Storm. Scott is now with the Utah Air National Guard.
       Scott earned his Juris Doctorate degree from the University of Utah College of Law. After graduating from law school, Scott, his wife, Lorette, and their children moved to Ogden where he opened his own law office. Since 1997, Scott has represented clients who have been denied claims for their Workman’s Compensation benefits and Social Security Disability benefits. Scott also provides services in the areas of Personal Injury, Criminal Defense, Juvenile Court, Estate Planning, Adoptions, and Guardianships/Conservatorships.

     Scott is an active member of the Utah Trial Lawyers Association and Inns of Court.

     Scott speaks fluent Spanish and represents many Spanish speaking clients.

     Scott acts as Coggins, Larreau & Lythgoe’s Workman’s Compensation and Social Security Disability Manager.

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As the firms Managing Attorney Addison Larreau provides services in the areas of Business Law and Business Organizations, Contract Law, Civil Litigation, Estate Planning, and Real Estate Law.

Addison has dedicated his career to excellence in Estate Planning and the related area of Business Planning.  Each year, Addison typically completes several times as many Continuing Legal Education credits as required to maintain his law license and focuses all of his attention on courses that will expand his knowledge and skill in assisting Estate Planning and Business Planning clients.  Addison has drafted hundreds of Estate Plans for clients from very diverse backgrounds, ranging from students to presidents of large corporations, from very modest estates to multimillion dollar estates, and from young parents to great grandparents.

Addison views his role as an Estate Planning Attorney as twofold: first, he is an educator, helping clients understand what options that they have and how different types of Estate Planning documents might benefit them; and, second, Addison is an advocate, skillfully drafting the necessary Estate Planning documents, helping the clients understand the documents and only then assisting the clients in properly executing the documents.

Addison’s approach to Estate Planning is unique among attorneys in the following ways:

1) Addison spends significant time with his clients educating them about the available Estate Planning documents and explaining how each document functions and the interrelation of the  various documents before assisting the clients in selecting proper Estate Planning documents necessary for their unique situations.
2) Addison reviews the Estate Planning documents in great detail with each client prior to assisting his clients in signing the documents.  This ensures that each clients’ documents are complete and accurate and that the client fully understands his or her Estate Plan prior to signing the Estate Planning documents.
3) At the time his clients sign their Estate Plan, Addison teaches his clients how to maintain their Estate Plan without the need to have an attorney’s assistance every time they buy or sell property.  Addison also is available at no additional charge to answer questions regarding his clients’ Estate Plans even if the clients’ have questions that arise years after the signing of the Estate Plan.

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