Ziter James C

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Map & DirectionsDirections339 E 3900 S Ste 260Salt Lake City, UT 84107 Write a ReviewWrite Review

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Phone: (801) 872-8488

Phone: (801) 290-2652

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Ziter, James C, JD

C Ziter James Attorney at Law

Ziter Law

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Phone: (801) 758-0360

Address: 339 E 3900 S Ste 260, Salt Lake City, UT 84107

Ziter James C

Family Law

Divorce
Child Support
The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor's assets were liquidated under chapter 7. 11 U.S.C. § 1325. In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. 11 U.S.C. § 1325(b)(2)(A) and (B). The "applicable commitment period" depends on the debtor's current monthly income. The applicable commitment period must be three years if current monthly income is less than the state median for a family of the same size - and five years if the current monthly income is greater than a family of the same size. 11 U.S.C. § 1325(d). The plan may be less than the applicable commitment period (three or five years) only if unsecured debt is paid in full over a shorter period.
Adoption
Spousal Support
A debtor may make plan payments through payroll deductions. This practice increases the likelihood that payments will be made on time and that the debtor will complete the plan. In any event, if the debtor fails to make the payments due under the confirmed plan, the court may dismiss the case or convert it to a liquidation case under chapter 7 of the Bankruptcy Code. 11 U.S.C. § 1307(c). The court may also dismiss or convert the debtor's case if the debtor fails to pay any post-filing domestic support obligations (i.e., child support, alimony), or fails to make required tax filings during the case. 11 U.S.C. §§ 1307(c) and (e), 1308, 521.

Criminal Law

Criminal Defense
Fraud
Tax shirkers wiggle out of compliance have multiplied, so too has the number of penalties. Today there are more than 150 different penalties, ranging from one-half percent per month for paying your tax bill late to a whopping 75 percent for tax fraud.
Robbery
* Committing criminal acts along with another person. These acts are determined by statute, but may include such things as assault, homicide, kidnapping, felony sexual offenses, sexual exploitation of a minor, destruction of property, burglary, criminal trespass, robbery, aggravated robbery, theft, fraud, extortion, bribery, explosives offenses, weapons offenses, pornography, communications fraud. If these acts meet the definition for Criminal Nuisance above, then a Criminal Nuisance Eviction Notice should be used.
Burglary
Theft
Misdemeanors
Law Firm represented Defendant who several years prior to representation by Law Firm earlier pled "no contest" to a Class A misdemeanor aggravated assault related to a bar fight. Defendant was a permanent resident, and unbeknownst to Defendant, his prior plea, originally undiscovered by the Immigration Authorities, made him "removable" from the United States. The BCIS discovered the plea when Defendant applied to become a Citizen of the United States and immediately sought to remove Defendant from the United States. The BCIS removal action was a catastrophe for Defendant who was married and had several small children in the United States. Law Firm developed significant case law and a legal theory as to why the prior assault conviction should be retroactively vacated; the District Attorney agreed and Defendant's prior plea stricken.
Assault
Homicide
Kidnapping
Prostitution
* Regularly committing prostitution or promoting prostitution. If these acts meet the definition for Criminal Nuisance above, then a Criminal Nuisance Eviction Notice should be used.
Extortion

Business and Corporate Law

Corporate Law
Business Formation
Business Disputes
Law handles a wide range of general litigation cases, both locally, and regionally. The firm services a broad spectrum of clients, ranging from individuals and local business owners to companies with multi-state and international business disputes. The firm's considerable litigation experience ranges from simple contract disputes to the most complex commercial matters.
Business Transactions
This firm was founded more than 16 years ago to help clients resolve their legal problems. James Ziter, has a diverse background, including being a successful business owner, a former prosecutor under the senior practice rules in Lincoln, Lancaster County, Nebraska, a real estate licensing instructor,and a high level tournament tennis and chess player. As an attorney, he has also given seminars to a variety of business organizations and their representatives regarding business transactions and practices. The law firm's services have been sought after by hundreds of business owners in business transaction matters, by buyers, sellers, and contractors in real estate transactions and disputes, including issues involving residential and commercial property, by taxpayers seeking IRS tax resolution, by individuals needing bankruptcy protection, by people that need litigation counsel, and by other lawyers needing advice in areas of our expertise. The firm's founder, James Ziter, has a background in competitive sports, and is a Star Trek fanatic. That background gives him a different perspective for looking at client issues. The focus is on what course of action is in the best interest of the client, rather than the best interest of the law firm. In addition, a 40 year background in competitive chess playing enables him to think strategically, outside the box, to find solutions others may overlook.
Limited Liability Companies
A limited liability companies are pregressive entities that can offer liability protection that a sole proprietorship or a partnership can't offer, and a tax advantage not found in a corporation. The LLC has become a popular small business structure in the United States, because it's easy to form, and very flexible in the types of businesses for which it's well suited. The Utah Code has a section devoted only to limited liability companies which is one of the most updated sections of the Utah Code. It is known as the Utah Revised Limited Liability Company Act referenced in Title 48, Chapter 2C, but which transforms into a brand new section July 1,2012,Title 48,Chapter 3. Entity selections, particularly the difference between LLC's and corporations (either S corps, or C corps) are tax driven. CPA's are often involved in the entity selection process. There are certain general characteristics related to LLC's, various advantages, and certain disadvantages that are sketched out below.
Construction Contracts

Employment Law

Employment Contract

Property Law

Real Estate Litigation
Real estate acquisitions will likely be one of the largest and most important purchases of your life that is why not getting counsel is incredibly dangerous. Whether you are buying, selling, or dealing with some other real estate transaction, a lawyer can help you. There are many people involved at various stages in real estate transactions or disputes. Any one of them can make a mistake, costing you a lot of time and money, and potentially your property. For example, if you are purchasing a home that is discovered to have an illegal unit or addition, tenants in residence, or if problems exist with the title to the property, you will likely have to take some legal action to remedy the situation. To avoid biased opinions, you should NOT rely on legal or real estate advice from the seller or one of the agents of the property (even if they are also an attorney). A seller or an agent makes money when the property is sold; your best interest may not be in their best interest. It is important to have counsel who is only looking out for your concerns, review all real estate documents for accuracy and for your protection. Real estate law can be a complicated and time-consuming experience, a lawyer will be able to help you navigate through property law.
Construction Litigation
Disputes over real estate are not limited to the typical disputes with transaction processes such as those associated with buying and selling property, construction contracts, defects, title, and deed problems. However, a whole range of disputes can occur in other aspects of property law such as boundary disputes, injuries on property, trespass, nuisance, and encroachment. Disputes are especially common when a property owner can no longer make payments of secured obligations, i.e. mortgage payment(s). Although it can vary depending on the terms of the security agreement, a lender may foreclose on the property if the owner fails to make payments. Foreclosure will generally involve the lender repossessing the home and re-selling it to another property buyer. Foreclosures and foreclosure defense involve a lot of legal procedures that an attorney can help you with. Depending on your personal situation, the type of foreclosure, and the jurisdiction, you may be able to stay in your home until the foreclosure is complete.
Real Estate Transactions
We assist our clients in reviewing and preparing real estate contracts required in every phase of a real estate transaction. Although this encompasses an extensive array of business and real estate related contracts, some of the more common agreements are leases, option agreements, purchase and sale agreements, boundary line agreements, termination agreements, deeds in lieu of foreclosure etc.
Easement
Land Use and Zoning
Landlord-Tenant Disputes
If tenants are renting the mobile home itself, the same rules apply as if an apartment was being rented. While many of the general landlord and tenant rules also apply to owners of mobile homes who are renting space for their mobile homes, eviction procedures for owners of mobile homes are different in some ways.

Immigration Law

Removal Defense

Health Law

Personal Injury
Law Firm represented Landlord who owned a completely fenced auto mechanic's shop close to a baseball diamond. Landlord had a large dog which roamed inside the fenced shop. A drunk spectator leaving from a baseball game began to taunt the dog, and stick her head through the wrought iron fence bars. The dog bit the spectator in the face doing significant damage and Landlord had no insurance covering the incident. Predictably, the spectator sued the Landlord for damage caused by the dog bite. Law Firm found witnesses substantiating that the spectator's actions caused the incident, and marshalled the case law showing that Utah's "Strict Liability" rules regarding damages caused by animals are still subject to comparitive negligence standards. With witnesses and case law, Law Firm discouraged three separate personal injury attorneys from pursuing the case.

Trusts and Estates

Estate Planning
* Minority discounts for estate planning purposes may be lower in a limited liability company than a corporation. Since LLCs are easier to dissolve, there is greater access to the business assets. Some experts believe that limited liability company discounts may only be 15% compared to 25% to 40% for a closely-held corporation.
Trusts
S corporations have limited amounts of shareholders. Each shareholder must be an individual who is a U.S. resident or citizen. Also, it is difficult to place shares of an S corporation into a living trust. These restrictions do not apply to LLCs (or C corporations).

Finance Law

Bankruptcy
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause." (1) If the debtor's current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. §1322(d). During this time the law forbids creditors from starting or continuing collection efforts. This chapter discusses six aspects of a chapter 13 proceeding: the advantages of choosing chapter 13, the chapter 13 eligibility requirements, how a chapter 13 proceeding works, making the plan work, and the special chapter 13 discharge.
Foreclosure
Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.
Tax Law
Debt Collection
LAW represents creditors in both commercial, retail, and consumer collections. The firm has addressed various professional organizations and has spoken at legal seminars on a variety of topics involving debt, collection, and Fair Debt Collection Practices Act matters. We utilize state-of-the-art technology and cost-effective methods to provide services in a timely, client-oriented manner, and an ethical, friendly and professional environment. Our approach focuses on each client's needs particularly by suggesting cost effective strategies that make sense given each Creditor and Debtor capability. For example, if a Debtor is "judgment-proof" the strategy of collection might be considerably different than attacking a solvent Debtor. If a Creditor client can't afford to "throw good money after bad", other collection options may be possible. This firm also does contingency fee collections.

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