HPC BLOG
Mediation and Alternative Dispute Resolution (ADR)
Your Legal Options: What is Alternative Dispute Resolution?
Legal disputes—whether they involve complex business issues, property, divorce, or many other areas of law—can be contentious, confusing, and sometimes physically and emotionally draining. There are some instances when seeking out another, more cooperative means of sorting out disputes and coming to an agreement can be preferable.
In this instance, there are alternatives available to people to avoid going to trial, and this comes in the form of Alternative Dispute Resolution (ADR) or mediation. Sometimes, these options are also very cost effective, and can save you money by avoiding going to trial.
Utah Alternative Dispute Resolution (ADR) Act
Under Utah law, ADR includes arbitration, mediation, and other means of dispute resolution (other than trial). While arbitration tends to involve a private hearing in front of a neutral person or panel of neutral people who hear the evidence and enter into a written award (which is final and enforceable, just like a judgment) to resolve the issues involved, mediation involves a private forum where impartial individuals (such as neutral/third party mediation specialists) facilitate communication between the parties in order to promote a mutually acceptable resolution or settlement. Mediation is, in particular, useful for bringing parties together to resolve outstanding differences.
Utah Uniform Mediation Act
Mediation is a process whereby a mediator facilitates communication and eventual negotiation between disputing parties in order to assist them in reaching an agreement over their dispute(s). In addition, mediation communications are privileged against disclosure (although parties may waive this privilege), and thus can be beneficial to parties who want to ensure a certain level of confidentiality. However, it is important to note that evidence which is otherwise admissible or subject to discovery remains admissible/subject to discovery–in spite of any relevant mediation process.
A Firm Well-Versed in Negotiation & Settlement
Although your attorney does not serve as the mediator, it is still crucial to have an attorney advise you through the process, as any settlement agreement between the parties that comes out mediation is filed with the court and enforceable as a judgment from a judge. Just as you would be advised and represented during a court trial, you should be provided with legal representation in the event of arbitration and/or mediation in order to ensure that your rights are protected.
Our Logan, Utah attorneys have been serving clients in arbitration and mediation for over 100 years in the areas of corporate/business law, land use/property, personal injury, family & domestic law, and other areas. Contact us today for a free consultation so that we can get started helping you.
Contact your Logan, Utah attorneys at Harris, Preston & Chambers, LLP today by calling (435) 752-3551.
Boundary Disputes
Boundary Disputes: Acquiescence and Adverse Possession
Homeownership, under the best of circumstances, can be stressful. It can be even more challenging when neighbors become embroiled in a dispute over the boundaries of their property. Considering the cost of land, no one would want to just hand over some of their property to their neighbors without receiving any compensation for it. However, nuances in the law can make it difficult to understand who has a right to the property.
Adverse Possession
Generally a person receives legal title to property through a purchase of the property or through gift or inheritance. Adverse possession, however, is a legal doctrine by which someone can gain ownership of property by simply using or possessing the property for a specified period of time.
Under Utah Law, an individual may be able to claim title to property that originally belonged to someone else if that individual has continuously occupied the land for 7 years in a manner that is adverse to the original owner. There a few variations on the requirements, depending on whether the person has a written document, but generally he or she must possess the land, and possess it in a way that is noticeable to the original owner for 7 years and pay taxes on it.
Adverse possession can apply in situations where two neighbors have a dispute over property boundaries. Let’s say Neighbor 1 and Neighbor 2 live next to each other, with a fence dividing their property. One day Neighbor 1 discovers that the fence is actually not on the property line, and that 10 feet of land that Neighbor 1 should own is actually located on the other side of the fence – in Neighbor 2’s yard. Neighbor 2 might try to claim in court that he now owns that 10 feet of land through adverse possession, if he has been using it and paying taxes on it for 7 years. Conversely, there are many situations where surveys and records do not accurately reflect true ownership of property.
Acquiescence
Acquiescence is similar to adverse possession, but there are differences. Acquiescence occurs when a person gains ownership of property during a boundary dispute because of a long-standing boundary-line or marker that indicated where one piece of land stopped and the other began, even if the deeds to the property placed the boundary elsewhere. Acquiescence is generally only available when the parties in the dispute have adjoining pieces of land, a clear boundary between them, and that boundary has been recognized by both of them for over 20 years.
In our earlier example, Neighbor 2 could gain ownership of the 10 feet of property that was originally part of Neighbor 1’s deed if Neighbor 2 can show that both parties had treated the fence between their yards as the property line for over 20 years. Their agreement that the fence was the property line does not need to be expressly stated – simply treating the fence as the property line for over 20 years is enough.
If you or a loved one is involved in a boundary dispute, it is important to contact a lawyer with expertise and knowledge. Laws regarding adverse possession and acquiescence can be very nuanced and detailed. Our Logan, Utah lawyers at Harris, Preston & Chambers, LLP can help you review your options and guide you through the legal process of your boundary dispute.
Contact your Logan, Utah construction attorneys at Harris, Preston & Chambers, LLP today by calling (435) 752-3551.
Chapter 7 Bankruptcy: What is it and how does it work?
Chapter 7 Bankruptcy: What is it and how does it work?
The economic recession that began in 2009 resulted in desperate financial situations for many Americans. While there are some methods to improve one’s financial situation, such as debt counseling, individuals who are facing mountains of debt and who have very few assets may want to consider bankruptcy as an option. According to the Bankruptcy Court for the District of Utah, 6,243 bankruptcy cases were filed in Utah from January to June of 2015. Of those cases, more than half were chapter 7 bankruptcies.
What Is Chapter 7 Bankruptcy?
Bankruptcy is a legal process in which a person with debt (a debtor) can reduce or eliminate some of his or her debt. The process begins when the debtor files a petition for bankruptcy. Because federal laws, as opposed to state laws, govern the bankruptcy process, bankruptcy cases are filed in federal court.
There are a few different types of bankruptcy, named after the different chapters of the bankruptcy code where the laws can be found. Chapter 7 bankruptcy is the most common form of bankruptcy for individuals. Chapter 7 bankruptcy is not available to everyone. According to the U.S. Courts website, people who make less than the state’s median income are eligible to file for chapter 7 bankruptcy. However, people who make more than the state median must pass a “means” test before being able to file under chapter 7. Failing to pass this “means” test means that the individual would then have to file bankruptcy under a different chapter, such as chapter 13. Additionally, chapter 7 bankruptcy is not available to those who have already used it within the past 8 years.
Why file for Chapter 7 Bankruptcy?
Filing for chapter 7 Bankruptcy can help the debtor get his or her debt situation under control. Typically the filing for bankruptcy will halt debt collections, meaning that the bankruptcy proceedings will give the debtor extra time to sort out his or her finances and come up with a plan for resolving debt-related issues. Additionally, most debts can be wiped out through chapter 7 bankruptcy, and other debts can be managed through a payment plan.
However, chapter 7 bankruptcy isn’t right for everyone. According to the American Bar Association, chapter 7 bankruptcy can be more drastic than other types of bankruptcy, such as chapter 13. Chapter 7 involves a complete liquidation, which typically means that the debtor will have to sell or turn over most of his or her assets to creditors to pay off the debt. This is different from chapter 13 bankruptcy, in which the debtors create a payment plan and make regular payments on the debt, and are able to keep more of their assets.
There are also other limitations to bankruptcy that should be considered when deciding whether or not to file. Bankruptcy can impact the debtor’s credit rating, and may not discharge all of the debt. Student loan debt, arrears on child support payments, and some debts owed to the government may not be dischargeable in bankruptcy proceedings.
If you have questions about whether chapter 7 bankruptcy might be right for you, contact the Logan, Utah bankruptcy lawyers of Harris, Preston, & Chambers, LLP for a consultation today. Our Logan, Utah bankruptcy attorneys practice in counties throughout Utah, including Cache, Rich, Box Elder, Weber, and Salt Lake. We can review your case, go over your options, and help you decide what’s best for you.
Contact your Logan, Utah construction attorneys at Harris, Preston & Chambers, LLP today by calling (435) 752-3551.
Understanding Corporate Entities
Understanding Corporate Entities.
For many people, starting and running their own business has been a lifelong goal. It can be exciting to think about creating something from the ground up. It can also be overwhelming and difficult to understand all of the processes and formalities to starting a business. A key part of starting a business is to determine what type of entity your business will be; making this determination will help protect the business owner from financial liability in the event of any legal challenges. There are basic differences between the six major corporate entity types.
C Corporations
A C corporation, or a standard corporation, is a separate legal entity that is owned by shareholders. Having a C Corporation structure limits the shareholders’ (or owners’) liability for debts incurred by the business. This limited liability generally means that if the corporation owes a debt or is sued, then those obligations will be paid with the money or assets that belong to the corporate entity, not those that personally belong to the individual owners. C corporations can have an unlimited number of shareholders. Owners are generally required to comply with state filing requirements.
S Corporations
An S corporation is also a standard corporation. The major difference between a C corporation and an S corporation is that an S corporation has a special tax status with the IRS. For C corporations, corporate income is double-taxed: once when the corporate income tax return is filed, and once when shareholders file individual tax returns. With an S corporation status, there is no corporate income tax. The income is only taxed on the individual shareholders’ tax returns. S corporations cannot have more than 100 shareholders. Owners of S corporations are generally required to comply with state filing requirements.
Limited Liability Companies
An LLC, or a Limited Liability Company, is an alternative to the corporate form. An LLC offers limited liability protection (similar to the limited liability for corporations) and only taxes income at the individual level rather than at the entity level. LLCs also differ from corporations by requiring fewer formalities and obligations. LLC owners are generally required to comply with state filing requirements.
Partnerships
Partnerships are business entities owned by two or more partners. There may be no limited liability depending on how the entity is arranged. If there is no entity protection, the owners are liable for any debts or actions of the partnership. Partnerships are not a separate entity from the owners. Income and earnings of the partnership are taxed on the owners’ individual taxes, as the partnership is not considered a distinct entity from the owners. General partnerships are formed by agreement, and are not required to file formal paperwork.
Sole Proprietorships
In a sole proprietorship, there is a single owner. There is no limited liability, and the owner is responsible for any debts or liabilities incurred. There are few formalities involved with a sole proprietorship, so it’s easier to start, and if a business grows under this model, the owner may elect to change into a different entity – and gain liability protections – in the future.
Contact Us
There are a variety of factors that go into determining which corporate form is right for you. Each type of entity carries with it distinct benefits and obligations. If you or a loved one is considering starting your own business in Salt Lake City, Logan, Weber County, or anywhere throughout northern Utah, or are currently running a business and has questions about corporate liability, it is important to have an experienced business attorney that can help you understand your options.Contact the Logan, Utah business lawyers of Harris, Preston & Chambers, LLP for a consultation today.
Contact your Logan, Utah construction attorneys at Harris, Preston & Chambers, LLP today by calling (435) 752-3551.
Protective Orders
Protective Orders
Domestic abuse is one of the most difficult circumstances that someone can experience. When one is being abused by his or her spouse, it can feel as though there are no options. There are a lot of resources in Utah, including counseling, shelters, and legal remedies. One legal option for someone who is experiencing abuse is to obtain a protective order.
What is a Protective Order?
A protective order is a judicial order that can provide relief for someone who has experienced abuse by requiring an abuser to either stop certain behavior or to take certain action.
Who is eligible to get one?
According to Utah law, any cohabitant who has experienced abuse or domestic violence or who has a substantial likelihood of abuse or domestic violence is eligible to seek a protective order. The law defines cohabitants as people who have lived together, current or former spouses, relatives by blood or marriage, or parties with a child in common or who are expecting a child together. It also defines abuse as causing or attempting to cause physical harm or placing someone in fear of imminent physical harm. Domestic violence is defined more broadly to include any criminal offense involving violence or physical harm when it occurs between cohabitants, as defined above.
Those who have not lived with their abuser and who do not have a family relationship with their abuser are eligible for a dating violence protective order.
Why get a Protective Order?
Protective orders are legal tools that can help increase safety for victims of abuse and their families. Protective orders can include provisions that require abusers to stop the abuse, to stop contacting the victim, and to avoid certain locations to minimize the chances that the victim and abuser will have to interact.
In addition, for cohabitants, temporary protective orders can provide additional legal relief that can support a victim who is leaving an abusive relationship. Orders may grant victims with temporary possession of any property, including a home, car, or other personal items. If the parties have children in common, the order can also include provisions regarding custody and support. There is some limitation on the duration of certain relief. The court can only grant child custody, child support, and/or spousal support for up to 150 days.
According to Utah law, protective order provisions fall into one of two categories: civil and criminal. Abusers who violate criminal provisions of the protective orders, such as those prohibiting contact or abuse, will be arrested and are subject to criminal charges. If abusers violate civil provisions of a protective order, such as provisions regarding custody or support, they will be subject to contempt proceedings.
Protective orders can provide victims with the support and protection that they need in order to successfully leave a relationship and to stay safe. If you or a loved one is experiencing abuse, it can be difficult to know what your next step should be. Our northern Utah attorneys at Harris, Preston & Chambers, LLP can help you understand what options are available to keep you and your family safe. Contact us for a consultation today in Salt Lake City, Ogden, or anywhere in northern Utah.
Contact your Logan, Utah construction attorneys at Harris, Preston & Chambers, LLP today by calling (435) 752-3551.