Utah Divorce Process

Why I practice law

Joshua Tandy is a Utah business law attorney at PEARSON BUTLER Law, where his practice focuses primarily on business transactional work.  Josh largely works with high net worth individuals, small business owners, and entrepreneurs to ensure their varying strategic goals are achieved.  His work requires him to be knowledgeable in contract negotiation, secured and tiered finance, securities regulations, entity structuring, corporate governance, and estate planning.   Prior to joining the firm, Josh was an associate and global team manager at Goldman Sachs & Co. where he worked within its Private Wealth Management sub division.

I recently spoke with Josh and asked him to share what motivated him to become a lawyer.  He shared the following with me:

“When I tell people that I’m an attorney, I get varied reactions (including some pretty funny lawyer jokes), but one question is almost constant: why? Although it is an easy question for me to answer, I think that my response is one which will provide insight as to why you should trust me to represent you …

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Filing Chapter 13 Bankruptcy in Utah

US Supreme Court issues opinion in favor of Chapter 13 bankruptcy debtor

Court Issues an Opinion in Favor of Chapter 13 Debtor

In Harris v. Viegelahn, the United States Supreme Court issued a unanimous opinion this week in favor of a debtor in a Chapter 13.   The court held that a chapter 13 trustee must return any post-petition wages to the debtor received under plan not already disbursed to creditors.

As a background, Petitioner Harris was behind on his mortgage payments on his house to Chase.  Wanting to keep his house, Harris filed a Chapter 13 bankruptcy, where the court approved a plan allowing him to resume making his mortgage payments to Chase as well as pay $530 to the Chapter 13 trustee, Viegelahn.   Trustee Viegelahn made monthly payments to Chase to pay down the mortgage arrearages owed by Harris.  But when Harris fell behind on his mortgage payments again, Chase moved forward and foreclosed on his house.

After the foreclosure, Harris continued making the $530 Chapter 13 plan payment, but Viegelahn stopped making the arrearage payments to Chase.  The funds set aside for the arrearage payments that were no longer being made …

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Boy and Girl Running in Tall Grass

Tuesday Legal Tidbits – 5 Considerations for Child Custody

As a family law attorney in Utah, I have handled numerous divorces.  Child custody issues tend to be some of the most heated and costly parts of the divorce procedure.  Because the divorce process creates a lot of pain as a once-loving relationship ends between, the children can become victims in the process as either or both spouses choose to focus on themselves rather than on the short and long-term consequences of a heated child custody battle.  Because of these concerns, I wanted to share 5 considerations for child custody:

1)  It’s all about the children.  We are oftentimes inclined to think it is about us, and let our judgment be clouded by the difficult situation we are in.  Be sure to focus your attention on your children, and what their needs are.  Read books.  Seek out the input from qualified people, such as school counselors, teachers, therapists, and social workers.  Your kids are more resilient than you may think.

2)  Try getting along.  Many marriage and family therapists have indicated that the most well-adjusted children divorced families are those …

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Student loan forgiveness

Student Loan Forgiveness through Bankruptcy

More than 40 million Americans have student loans averaging $28,000 of debt which collectively total over $1.3 trillion.  Because of the heavy student loan burden, the White House is considering allowing Americans to obtain student loan forgiveness through bankruptcy, something the National Association of Consumer Bankruptcy Attorneys and federal lawmakers having been considering for a number of years.

On March 10, 2015, a White House Memorandum to the Secretary of the Treasury, the Secretary of Education, the Consumer Financial Protection Bureau, and others announces a “Student Aid Bill of Rights to Help Ensure Affordable Loan Repayment”.

The memo states that the White House will use executive action to implement the proposed Student Aid Bill of Rights.  It gives the Secretary of Education until July 15, 2015 to “issue information highlighting factors the courts have used in their determination of undue hardship, to assist parties who must determine whether to contest an undue hardship discharge in bankruptcy of a federal student loan.”

The memorandum also gives the Secretary of the Treasury, the Secretary of Education, and …

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Why do attorneys encourage their clients to see a chiropractor after a car accident?

It’s a common practice for car accident lawyers to refer their clients who are victims in a car accident to visit with a doctor of chiropractic medicine.  The question is why?  There are several reasons why attorneys refer their clients.  I will explain a few of these reasons.

Why Visit a Chiropractor Car Accident Specialist?

Faster recovery.  When you are involved in a car accident, you may experience symptoms such as a head ache, neck pain, lower back pain, muscle soreness in your neck and shoulders, forgetfulness, foot pain, and other medical conditions.  By receiving prompt, personalized, high-quality medical care after an auto accident is one of the major factors determining how fast you will recover.  If left improperly treated, car accident injuries can heal with scar tissue that can cause pain and discomfort. No out-of-pocket costs.  Medical care is typically no cost to the victim.  Most of our clients with car accident injuries receive medical treatment with no out of pocket expenses.  We coordinate insurance benefits with the responsible party’s insurance carrier, usually allowing us to help you receive prompt, proper medical so you can …

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Utah Criminal Attorney Update

Three attorneys at PEARSON BUTLER Law are named to 2015 Utah Legal Elite

Pearson, Butler & Carson, PLLC, is pleased to announce that three attorneys at PEARSON BUTLER Law are named to 2015 Utah Legal Elite by Utah Business magazine.   There are over 10,000 members of the Utah State Bar, many of whom are considered great legal practitioners throughout the state of Utah.  The 2015 Utah Legal Elite is a select group of lawyers practicing in Utah.

According to the Utah Business magazine, “Legal Elite honorees are selected by their peers in a statewide balloting process.  Members of the Utah Bar were invited to participate by submitting a ballot of Utah lawyers they hold in the highest regard–lawyers they have observed firsthand and would recommend to others.  Nominators were allowed to cast only one ballot and could not vote for themselves.”

We would like to congratulate the following lawyers recognized as among Utah’s best in the legal profession:




Daniel Witte, under …

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Josh Eldredge  Attorney Utah

Reasons Behind Attorney Joshua Eldredge’s Decision to Practice Law


Attorney Joshua Eldredge took a circuitous route in becoming a lawyer, let alone a family law and estate planning attorney.  After returning from an LDS mission, he started a marketing company that eventually employed more than 50 employees at any one time.  After that, he decided to go back to school and further his education.  He had aspirations of becoming a pilot for a major airline like his father. When the recession hit in 2008, and being a father of three girls himself at the time, it was no longer feasible to pursue civil aviation because of the economy.

With much struggle, he reluctantly began the arduous journey of becoming an attorney.

“That journey began when I changed from a Professional Pilot bachelor’s degree to a Business Management degree,” explains attorney Joshua Eldredge.  “Then came the long hours of studying for the LSAT and doing endless paperwork during the law school application process.”

Because he was an entrepreneur at heart, he knew that it would be beneficial for him to choose a practice area early on in his …

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Utah divorce attorney Kelli Larson

Utah divorce attorney Kelli Larson joins PEARSON BUTLER Law

Utah divorce attorney Kelli Larson has joined the Family Law Section of Pearson Butler.  She has successfully represented hundreds of clients in divorce and custody matters in Utah.  Kelli also has experience representing a broad range of other family law issues such as adoptions, surrogacy agreements, common law marriages, annulments and guardianships.

See the bio on Kelli Larson attorney in Utah

Kelli began her career by clerking in the Second District for three judges.  During this clerkship. Kelli reviewed the pleadings for and attended all of the family law hearings these judges presided over.  This gave her the opportunity to extensively research nuances of family law and learn what judges liked to see from attorneys.  Following her clerkship, Kelli joined a small Salt Lake City family law firm.  She later left that firm and established her own family law practice.  After managing her own practice, Kelli joined Pearson Butler so she can return to focusing solely on clients and casework.

In speaking about this transition, Kelli said, “I am …

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Utah attorney Dan Witte

Litigation attorney Daniel Witte has article published by American Bar Association

Daniel E. Witte, an Equity Member and Litigation Chair for Pearson, Butler & Carson PLLC, has recently published Managing Irresponsible Actors In Federal Interpleader Actions, 50 Tort Trial & Ins. Practice L. J. (2014), the lead article for the fiftieth issue of the American Bar Association’s premier law review.  The 48-page article explains how federal interpleader actions work, steps and complications associated with an interpleader action, the types of irresponsible actors who sometimes clog interpleaders, ethical issues related to interpleaders, and various techniques useful for achieving just and expeditious results in an interpleader action.  To write the article, Witte drew upon his practical experience as well as comprehensive review of statute, rule, and case authorities governing federal interpleaders.  “Interpleaders are an important but often underappreciated and misunderstood species of litigation,” observed Witte.  “This article is designed to help educate attorneys who find themselves dealing with interpleaders in the context of insurance law, family law, probate, property law, litigation, debt collection, in house management, court administration, and so on.”

Mr. Witte has often focused on complex fraud, business emergency, intellectual property, …

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Utah bankruptcy attorney PEARSON BUTLER Law discusses bankruptcy filings

Utah bankruptcy attorney reports that bankruptcy filing are higher in September 2014

For the first time this year, the September bankruptcy filings statistics show an increase in bankruptcy filings, when comparing September 2014 filings with those of September 2013.  From January through August, each month reported lower bankruptcy filings when compared to the same months in 2013.   Each month, the United States Bankruptcy Court, District of Utah, lists the number of bankruptcy filings for the past month.  See http://www.utb.uscourts.gov/.  The court also breaks down the filings under Utah Chapter 7 bankruptcy, Utah Chapter 13 bankruptcy, Utah Chapter 11 bankruptcy, and Utah Chapter 12 bankruptcy filings.

Bankruptcy Filing Statistics 2014

Chapter Jan. Feb. March April May June 7 519 596 962 923 845 770 13 436 361 416 381 410 377 11 0 0 2 1 2 1 12 0 0 0 0 0 0 (2014) 955 957 1,380 1,305 1,257 1,148 (2013) 964 1,009 1,579 1,376 1,489 1,179 Chapter July Aug. Sept. Oct. Nov. Dec. 7 744 750 792       13 412 434 440       11 1 1 2

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