Choosing a Legal Entity Structure for a New Utah Business

Types of Utah business entities

If you are preparing to launch a new Utah business, you should carefully consider the proper structure for your new company. In fact, this is one of the first steps you’ll want to make in establishing your new business. Choosing the wrong type of entity can prove costly in the future, and potentially expose you … Read more

The Importance of Asset Protection & Estate Planning

Should you consider asset protection and estate planning now

Asset protection and estate planning are comprehensive strategies that allow you to preserve the wealth you accumulate and direct the distribution of that wealth during your lifetime and after your death. Many people mistakenly believe that having a Last Will and Testament is enough, but comprehensive estate planning also anticipates and makes provisions for what … Read more

Determining Division of Property and Debts in a Utah Divorce Case

division of property during divorce

In Utah, divorce cases require an equitable division of property and debts between the parties. Although an equitable division starts from the proposition that “equitable” means “equal,” “equitable” actually means “fair.” There are exceptions to what gets divided, and what’s still left in the pot does not always end up getting divided equally. Rarely do … Read more

Asset Protection Trusts vs. Voidable Transfers

Asset protection trusts by be subject to voidable transfer risks

Asset Protection Trusts provide a way, under the right circumstances, for people to protect assets from the collection efforts of their creditors.  Protecting existing assets may be especially important for high-net-worth individuals, entrepreneurs and people who work in professions that place them at higher risk of being sued. The Utah legislature has been at the … Read more

Business Attorneys Assist with the Entrepreneurship Process

Business attorneys assist with new business startups

When undertaking the entrepreneurship process, business attorneys can provide critical insight, along with the knowledge and experience necessary to start your new venture off right. Today, more Utahns than ever are launching their own small businesses and undertaking entrepreneurial ventures. It is imperative that you follow the proper steps, to ensure that your new company … Read more

Real Estate Law; Boundary By Acquiescence

A common problem faced by many Utah landowners, including homeowners in residential subdivisions, is what happens when the fence line of your property doesn’t match up with the boundary line as determined by a survey of the legal description found in your deed?  This question may become quite important because improvements, such as garages, etc., that may not … Read more

Divorce Law; Alimony in Utah: Fault or No Fault?

Utah Divorce Attorney Blog | Alimony in Utah; Fault or No-fault? Alimony in Utah; Fault or No-Fault? © J. David Milliner, February 21, 2013. For more than a hundred years, Utah courts have considered the issue of “fault” when awarding and determining alimony. See, e.g., In re Christiansen, 17 Utah 412, 432, 53 P. 1003 … Read more

Business Law; Ponzi Schemes and Preference Claims in Bankruptcy

Business Lawyer Blog: Ponzi Schemes and Preference Claims in Bankruptcy The Current Status in Utah Bankruptcy Courts of the “Ordinary Course of Business” Defense to Preference Claims Brought by the Bankruptcy Trustee where the Debtor was Running a Ponzi Scheme. © J. David Milliner; November 23, 2011 I. Introduction. A “Ponzi” scheme is usually described as a … Read more

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