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Oregon Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the law around amending revocable trust, adding child to house title or deed?

He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More

Theressa Hollis
Theressa Hollis
answered on Jun 20, 2023

I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More

1 Answer | Asked in Child Custody, Child Support and Bankruptcy for Oregon on
Q: can i discharge legal fees that are awarded for a custody but specifically NOT for support that i owe the other party,

my ex started a petition to change parenting time and custody and won custody and is now asking for thier legal fees. child support was never has never been part of this process nor in any of the motions or petitions simple custody and parenting time. i want to discharge these legal fee in a... View More

Stuart Nachbar
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Stuart Nachbar
answered on Nov 17, 2022

First and foremost, I recommend that you consult with Counsel experienced in this type of matter in your Jurisdiction.

Second, I would say, it depends on how it is written in the State Court, because 11 U.S.C. 523(a)(15) is a catch-all for any types of Orders in the matrimonial court not...
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2 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for Oregon on
Q: Ex girlfriend left my fiance with 15k of debt. What can we do?

My fiance lived with an ex girlfriend (they were never married) that he gave money to to cover their rent. She never made the payments and they didn't get evicted since this was during covid. Now they both have a 15k collection which has got us denied at other apartments. We saw on credit... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

Bankruptcy is an option. So is a civil suit against the ex to recoup the money he lost.

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2 Answers | Asked in Bankruptcy, Identity Theft and Small Claims for Oregon on
Q: What can my fiance do about the debt his ex left him with?

My fiance lived with an ex girlfriend (they were never married) that he gave money to to cover their rent. She never made the payments and they didn't get evicted since this was during covid. Now they both have a 15k collection which has got us denied at other apartments. We saw on credit... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

He can make a motion to hold her in contempt in their divorce case for failure to pay pursuant to the MSA.

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2 Answers | Asked in Bankruptcy and Small Claims for Oregon on
Q: If I marry, will my new husbands debt be shared with me?

My fiance lived with his ex during covid. During this time he would give her money to pay the rent. She ended up not paying it and got him $15000 in collection debt. On credit karma, it appears looks like the debt is getting paid? So we assume it's being garnished from her. As he hadn't... View More

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

No. His debt is not your debt and it will not be shared with you or reported on your credit. Unless you sign on some debt with him in the future, you have no liability for his debt.

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1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Oregon on
Q: I have a lot of negative equity debt from an old repossessed car loan. I have no income or assets, what can help w/ this

In Oregon, I had an old car that broke down but somehow skirted around my comprehensive, gap, and insurance coverage. I was in a desperate situation and the car it was replaced with was overly expensive and I ended up with $12k of negative equity on top that I wouldn't have been able to... View More

Timothy Denison
Timothy Denison
answered on Jun 7, 2023

Consult a competent bankruptcy professional to assess your current financial situation. Give n your status, Chapter 7 might be just right for you.

1 Answer | Asked in Consumer Law, Bankruptcy, Banking and Collections for Oregon on
Q: If my money is stuck in a merchant gift card, can I charge back on my credit card to get my original funds back?

I pre-ordered products from a merchant and place the charges on my credit card. The timeframe was taking too long so instead of receiving any product, the merchant cashed me out at a higher price then I originally paid, but paid me with his store gift card. The merchant has since been shut down by... View More

Timothy Denison
Timothy Denison
answered on Dec 14, 2022

You can try, yes.

1 Answer | Asked in Bankruptcy and Civil Litigation for Oregon on
Q: My round up lawsuit made me an offer I accepted 8 months ago . Now I find out my lawyer has filed his own bankruptcy

Do I need to be concerned

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

No. That money belongs to you. Unless your lawyer received and misappropriated and kept the money (which is a crime), you should not be affected by his bankruptcy.

2 Answers | Asked in Bankruptcy for Oregon on
Q: Will bankruptcy clear what I owe for fines if the debt has been sent to collections
Timothy Denison
Timothy Denison
answered on Jun 6, 2022

No. Fines, court costs and restitution are not dischargeable.

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4 Answers | Asked in Bankruptcy for Oregon on
Q: Can I apply for a loan and still file for chapter 7 if I am denied the loan?

I am about to be garnished for my full check for 2 and a half months.

I am wondering if I can apply for a loan to survive. If I get the loan I am okay. If I don't get the loan, will having applied for it prevent me from filing for bankruptcy?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 5, 2021

The simple answer is no, applying for a loan does NOT make you ineligible for bankruptcy relief. Do NOT make any material misrepresentations on your loan application. (It's a crime to make a false statement to a financial institution, insured by the federal government, in a loan... View More

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1 Answer | Asked in Bankruptcy and Contracts for Oregon on
Q: What are non-dischargeable debts that do not require courts action?

Debt incurred three years prior to filing of C-13 bankruptcy and continued during Bankruptcy.

Timothy Denison
Timothy Denison
answered on Jul 22, 2021

Items such as student loans, some taxes, employee contributions snd withholding, etc.

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Oregon on
Q: If a business corporation is sued in one state and loses the case, can they attach all bank accounts,personal and bus.

Most companies have a couple different licenses under the same business(dba/LLC). If there are bank accounts in other states owned by the corporate officers and also in the same name of the business being sued can the out of state account be attached also.

Now the business in the other... View More

Timothy Denison
Timothy Denison
answered on Feb 15, 2021

Yes. Once a judgment is granted against a corporation, it may be enforce against the corporation snd assets located anywhere within the United States.

3 Answers | Asked in Bankruptcy for Oregon on
Q: My partner and I are both on the house mortgage. Will I be able to file for chpt. 7 or 13? will it affect the mortgage
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 15, 2021

A bankruptcy filing will certainly affect your mortgage debt, but if you are current in the payments, the mortgage lender may be happy to just continue to receive the monthly payments if you file a Ch. 7. Check your note and mortgage, because it may provide that the filing of a bankruptcy... View More

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2 Answers | Asked in Bankruptcy for Oregon on
Q: My Mother owns a house in Oregon. She put my Sister and I on the deed. My Sister is declaring bankruptcy.

Can they come take the house while my Mother is still living there?

Timothy Denison
Timothy Denison
answered on Sep 2, 2020

Probably not depending how the deed is set up.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: After filing chapter 7 in December of 2009, is there a statute of limitations on a 2nd that wasn't dismissed?

Didn't know about this loan until we tried to refi....thanks

Timothy Denison
Timothy Denison
answered on Aug 1, 2020

No. You can reopen and add the second as long as it was incurred prepetition.

3 Answers | Asked in Bankruptcy for Oregon on
Q: Can I bankrupt one item from my credit - an eviction?

An ex and I signed a lease for an apartment 2016, 3 months before the year was up we had to move out of state and didn't have the money to pay the rest of the lease. Of course there is an eviction on my credit (and probably his too). He and I broke up due to abuse and I have no idea where he... View More

Michael Francis Barrett
Michael Francis Barrett
answered on Jul 9, 2020

You cannot file for bankruptcy on only one debt - all of your debts must be listed and are affected. You may want to consider seeing a debt settlement attorney in your area, perhaps you can work out a favorable settlement on this one debt.

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1 Answer | Asked in Bankruptcy for Oregon on
Q: can an outside party buy a lien from a lien holder on my house that is in my bankruptcy, and then have a claim in it?

They used this to file a complaint to stop my lawyer from filing a dismissal and filing a new chapter 7 as a way to force me to accept an offer to buy my house at a low price.

Timothy Denison
Timothy Denison
answered on Jun 30, 2020

Unless they purchased the lien prior to filing bankruptcy, it is unlikely they can do so after the filing and leverage you.

2 Answers | Asked in Bankruptcy, Banking and Business Law for Oregon on
Q: small business, been forced to close, got a business line of credit, with personal guarantee to help, what if fails

If the business ends up failing and I have to file Bankruptcy will this new line of credit be able to be included in BK?

Timothy Denison
Timothy Denison
answered on Apr 22, 2020

Yes.

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