Rocky Mountain Law - Family Law - Divorce - Probate - Estate Administration - Bankruptcy - Chapter 7

  How many temporary restraining orders can a person have at one time? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) Are you asking about criminal or civil or both? I don’t think there is a limit. I imagine that if, for example, 10 people filed 10 cases and obtained 10 restraining orders against you; that you would be restrained from those 10 people. The number of temporary restraining orders (TROs) that a person can have at one time may also vary depending on the laws and regulations in the specific jurisdiction where the TROs are issued. It depends on where you are located for sure. Generally, a person can only have one active TRO against another person at a time, as additional TROs would be redundant or conflicting. With that being said, if multiple parties are seeking TROs against the same person, each party may be granted a separate TRO as long as they meet the legal requirements for obtaining one. It is important to consult with a local attorney o...

  What is a completed DUI while out on bail? Tim Cella Former Paralegal at  Ascent Law  (2018–2021) DUI Laws really vary from state to state. Where was the DUI charge brought? I’m familiar with Utah law; however, I am not an attorney. With that being said, it is my understanding that a completed DUI while out on bail refers to a situation where an individual who has been released on bail following a DUI arrest. If the case is “complete” that usually means that the case has been disposed of. A case can be disposed by either the defendant pleading guilty or the charges dropped. However, when you use the phrase “out on bail” that would mean that the case is not “completed.” It may also mean that the person was previously charged with a DUI offense and released on bail, but then committed another DUI offense before their trial or sentencing for the first offense. This can result in additional legal consequences, such as revocation of bail, increased jail time, and h...

  How long after being served with an eviction notice can you file for bankruptcy? Tim Cella used to work at several law firms First, I’m not a lawyer. Second, you should absolutely speak with a lawyer in your state as all states have different interpretation of bankruptcy law. With that being said, the timing for filing for bankruptcy after being served with an eviction notice can vary depending on the specific circumstances of the case and the type of bankruptcy you plan to file. In Utah for example, if this eviction notice is a court order of eviction then filing bankruptcy won’t help you. However, if it’s a 3-day pay or vacate in Utah and the court case has not been filed; then filing bankruptcy will delay the eviction process (it won’t permanently stop it). If you are facing eviction and want to file for bankruptcy to stop the eviction process, it is generally best to speak with a bankruptcy attorney as soon as possible to determine your options and the best course of action. ...

  What is a bankruptcy meeting of creditors? Tim Cella used to work at several law firms Under Section 341(a) of the United States Bankruptcy Code, a hearing is required to be conducted by the Bankruptcy Trustee wherein the debtor can be examined and creditors have the opportunity to ask the debtor questions. The bankruptcy meeting of creditors, is also called the 341 meeting or a creditors' meeting. This is a mandatory meeting that takes place during the bankruptcy process. In Utah they are usually 30–45 days after the bankruptcy petition is filed with the court. At the meeting, the debtor (the person who filed for bankruptcy) meets with the trustee assigned to their case and any creditors who wish to attend. The trustee will put the debtor under oath and ask questions about their assets and debt and about the petition and schedules and other paperwork filed with the court (like the Statement of Financial Affairs, etc.) During the meeting, the debtor is asked questions under oath ...