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R Steven Chambers Blog

It’s December

That means everyone is wondering what Congress will do with taxes. In the past we’ve wondered whether the estate and gift tax credits will increase or decrease, whether the estate and gift tax will stay or go, and what to do. This year has even more uncertainty because the House and Senate has both passed […]

What’s a Nondischargeability Action?

A nondischargeability action is the last thing you want to get in a bankruptcy. It means a party, either a creditor or the trustee, wants the court to deny you a discharge, either as to some debts (usually filed by a creditor) or all debts (usually filed by the trustee). Only certain debts are discharged […]

I Have a Simple Bankruptcy

A bankruptcy’s cost is based on the anticipated time to be spent on the case. Furthermore, the bankruptcy courts in Utah do not allow hourly fee arrangements, so all bankruptcies are on a flat fee basis, which means that attorneys have to estimate how much time a case will take so as not to either […]

New Retirement Plan: Work Until You Die?

“Work until you die.” Is that a new retirement strategy? Probably not but the fact is that more and more people are working past age 65. There’s good reason for this. One is longer life spans. Thirty years of solid retirement (i.e., no work) is a long time to be idle. Along with that is […]

Alzheimer’s and Advance Medical Directives

The American Bar Association Journal has an interesting snippet from a new book on Alzheimer’s and the law. It notes that 85% of Americans don’t have a simple will, advance medical directive or durable power of attorney. Most people just don’t plan for their deaths. Many apparently take the position that “I plan to live […]

When is the Best Time to File Bankruptcy?

I hear this question a lot. Is it best to file now or should I wait? Only you can answer that question, but in terms of what the trustee might take, when it comes to tax refunds timing is everything. A tax refund is subject to being seized by the trustee because it is property […]

Direct Contribution from IRA to Charity Expires December 31

A provision in the Internal Revenue Code that allows owners of IRAs who are over 70 1/2 to make a direct contribution of up to $100,000 from the IRA to a charity will expire on December 31. The provision is found in section 408(d)(8) of the IRC. Last year Congress retroactively extended this provision to […]

Falling Bikini Top May Constitute “Emergency”

A New York appeals court has ruled that a trial judge was correct when he instructed a jury in a wrongful death action that the fact that the deceased pulled the string on the driver’s bikini top and caused it to fall, which in turn distracted her and resulted in a crash that killed the […]

The State of North Colorado?

Residents of eleven rural counties in northern Colorado are seeking to secede from Colorado and form their own state, North Colorado, according to the Huffington Post. The reason given is that, due to the small population of these counties they have no say in the state legislature, which, under Democratic control, has passed a number […]

Do I Have to Have a Lawyer to File Bankruptcy?

This is a question I often hear. The answer is no, you do not have to have a lawyer to file bankruptcy. But you might need one. There is no requirement that you have a lawyer, just as there is no requirement that you have a doctor to set your own broken leg or take […]

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