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Questions Answered by Mr. Michael A. Shurtleff

3 Answers | Asked in Bankruptcy, Foreclosure and Collections for Oregon on

Q: Will filing bankruptcy take my 81 yr old grandma's house off the auction block for 6/20/19?

I just learned that my grandma's house is in foreclosure and scheduled for auction in about a week and a half on 6/20/19 due to an unpaid loan. If she were to file for bankruptcy, would it take the house off the auction block?

Mr. Michael A. Shurtleff answered on Jun 9, 2019

Yes. Call a BK attorney in the morning

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2 Answers | Asked in Bankruptcy for Oregon on

Q: I am filing for bankruptcy. If my vehicle is my only source of income, can it be exempt.

I do own the vehicle outright, no liens. It is worth approximately $12k and I have approximately $32k of debt . I have been using this vehicle as my primary source of income through Uber and Lyft for over two years. Will the fact that I use this vehicle for work have any bearing on whether or not... Read more »

Mr. Michael A. Shurtleff answered on May 7, 2019

In Oregon a debtor can use federal exemptions. You have a certain amount of vehicle exemption and then additional wildcard exemption. If you are not using a homestead exemption (because you rent your residence) then you likely have plenty to cover $12K of equity in a car. You can use the 4K... Read more »

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1 Answer | Asked in Foreclosure for Oregon on

Q: My husband is on disability. We are behind on property Taxes. The county is starting foreclosure. How can we stop this?

My husband is on disability as well as our son. Our home is paid off but we are very behind on property taxes and the county has given my husband until the 22nd of this month to pay at least $4000.00 of the $13,000.00 he owes or they will get the foreclosure process started. Our home is in my... Read more »

Mr. Michael A. Shurtleff answered on Sep 4, 2018

Dear asker,

As an attorney and member of the Oregon state bar who you have not hired I need to make you aware that the below information is the general thoughts I have on the topic without having met with your or reviewed any documents, etc. It is not specific advice and I am not your...
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2 Answers | Asked in Bankruptcy for Oregon on

Q: After chapter 7 could a lien be put on my house when I sell or refinance?

Mr. Michael A. Shurtleff answered on Aug 20, 2018

Dear Asker,

I am broadening your question just to be on the safe side.

1) If nobody had a judgment lien against your house at the time you filed a bankruptcy then all of the debts that could have gone to judgment are discharged through the bankruptcy and nobody can get a lien...
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3 Answers | Asked in Bankruptcy for Oregon on

Q: Divorce paperwork states I am not responsible for mortgage with ex, WF will not remove me. Can I include it in BK?

Considering BK, but unsure if I can include mortgage for home in Texas that my ex-husband hasn't removed me from (it's been 7 years). Wondering if I can include it in a BK with other debts.

Mr. Michael A. Shurtleff answered on Aug 3, 2018

Dear Asker,

While the divorce judgment has no power to alter your obligations to Wells Fargo, it does establish the obligations between you and your ex-spouse. If you file bankruptcy on the mortgage Wells Fargo will not be able to sue you or garnish your wages, but they will be able to...
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1 Answer | Asked in Foreclosure for Oregon on

Q: Can i stop paying rent if i rent a forclosed home that went to auction and was repossed by the bank.

I rent a forclosed home with a 1 year lease agreemwnt that ends in oxt on july 7th the sheriff auctioned the house nobody beat the credit bid so the bank owns it again obviously i no longer gave to oay my previous landord or do I? Furthermore if the house is in a desirable area but in a state of... Read more »

Mr. Michael A. Shurtleff answered on Jul 25, 2018

First it is important to be quite sure that the house was actually auctioned. Receiving a notice of sheriff sale posted on the property with a date for the sale does not mean the sale actually happened. sales are often postponed or thhe owner files chapter 13 and brings the property out of... Read more »

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