Lawyers, Answer Questions  & Get Points Log In
Oregon Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Criminal Law and Federal Crimes for Oregon on
Q: Does a bank have the authority to sale my land and home while I'm incarcerated and not inform me ?

I was incarcerated in sc for 9 months in 2004ish and I owed the bank $100,000.00. My home was almost built and was worth at the time $400,000.00 but when I got out it was gone. Was that legal or was it most likely sold for what I owed and someone just got a awesome deal or was there a way that the... View More

Timothy Denison
Timothy Denison
answered on Oct 17, 2018

You need to have an attorney look into this ASAP. There are many obstacles that must be satisfied, plus additional ones if you were in jail, to foreclose in property. If you were not notified, you may have a claim.

1 Answer | Asked in Bankruptcy for Oregon on
Q: IF i can get the Contact information of the trademarks' ower. I want to buy a trademark in IC 27
Timothy Denison
Timothy Denison
answered on Sep 30, 2018

What is your question.

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?
Timothy Denison
Timothy Denison
answered on Aug 20, 2018

Not if it was discharged in the 7.

View More Answers

1 Answer | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: I filed chapter 7. I still have my home.Can a previous debtor take it from me?I was told I can't refinance.
Timothy Denison
Timothy Denison
answered on Aug 19, 2018

You’re going to need to add a lot more facts about how a previous debtor is involved at all to answer this question.

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.

Timothy Denison
Timothy Denison
answered on Aug 3, 2018

Yes. You can.

View More Answers

1 Answer | Asked in Bankruptcy for Oregon on
Q: see below for more space

My husband and I are divorcing as soon as our Ch 7 BK discharges and closes next month. He granted me the interest in our primary residence before the BK filing, but I did not record it. Will I run into issues with the trustee after the BK is closed regarding the date he signed over the property... View More

Timothy Denison
Timothy Denison
answered on Jul 16, 2018

No. It’s perfectly fine. As soon as the bk is final. Record the quitclaim deed before filing for divorce.

1 Answer | Asked in Bankruptcy, Consumer Law and Foreclosure for Oregon on
Q: I currently own a home by Tenancy by the Entirety with my wife. Can a judgment lien be placed and foreclosed

The creditor appeared out of no where after 8 years with out any collection effort. Added in compounded interest and is in the process of trying to foreclose on my property. He received a decision that said he could sale my portion.

Timothy Denison
Timothy Denison
answered on Jun 21, 2018

That is really an Oregon collections uestion rather than bankruptcy question. Consult a local attorneywho can properly advise you.

1 Answer | Asked in Bankruptcy for Oregon on
Q: My ex-wife is filing for bankruptcy, but we have a couple overdue credit card bills that are in both of our names. Are

creditors able to come after me alone after she files?

Timothy Denison
Timothy Denison
answered on May 31, 2018

Yes, although you may have recourse against your ex in your divorce action depending on who was supposed to pay those debts.

1 Answer | Asked in Bankruptcy for Oregon on
Q: can You become a lawyer if you have filed bankruptcy previously?
Joanne Reisman
Joanne Reisman
answered on Jan 14, 2018

Filing bankruptcy is a legally permitted act that was designed by Congress to help people in debt get out of debt and get a fresh start in life. The mere act of filing Bankruptcy should have nothing to do with your fitness to practice law. (Apparently you can file bankruptcy several times and get... View More

1 Answer | Asked in Banking and Bankruptcy for Oregon on
Q: My wife just received a writ of garnishment for her bank accounts. Should we avoid using those accounts till bankruptcy?

We cannot afford bankruptcy at the moment. Would just like to know if we should avoid depositing money into those accounts until we can file?

Cristina M. Lipan
Cristina M. Lipan
answered on Dec 6, 2017

A marshal is able to reach any asset (i.e., bank account) that has your wife's name on it (even if it's a joint account).

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for Oregon on
Q: Is there a bankruptcy for medical alone ?
Joanne Reisman
Joanne Reisman
answered on Sep 11, 2017

I am not sure what you mean. When you file bankruptcy you have to list all your debts and all your debts will be discharged. So if you only have medical debts, sure, you can file bankruptcy to get rid of just those debts. You don't have to have other debts.

If you have other debts...
View More

2 Answers | Asked in Bankruptcy for Oregon on
Q: Can some provide me a simple step by step process how to declare chapter 7 bankruptcy and all the forms in need?
David Earl Phillips
David Earl Phillips
answered on May 11, 2017

Bankruptcy is not a good DIY project. The forms are very complicated and very few people are able to file their on case and obtain a discharge. Check in your area for a bankruptcy lawyer and shop around. Bankruptcy does not really cost that much and you can save yourself a lot of problems. Hope it... View More

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Oregon on
Q: I have received a summons for a debt that I am responsible for. I am not sure what I need to do?

What do I do once I receive the summons? Do I need a lawyer? I want to take care of this debt and pay the balance that I owe. But I do not want my wages garnished. What can I do?

Joanne Reisman
Joanne Reisman
answered on May 4, 2017

I would contact a lawyer, preferably one that deals with bankruptcy and debt issues. I know you want to take care of this debt but before you do pay it, you might want to know if bankruptcy is a better option which it might be if you have a lot of other debts. I see people struggle to pay one debt... View More

View More Answers

1 Answer | Asked in Bankruptcy and Child Support for Oregon on
Q: When filing Ch. 7 bankruptcy in OR, is it mandatory to report the bankruptcy to the OR DOJ Child Support Division?
David Earl Phillips
David Earl Phillips
answered on May 3, 2017

Under the 2005 Bankruptcy Law it became necessary to notify child support creditor and the State Child Support Enforcement Office of a bankruptcy filing. If you owe child support this is mandatory even if you are current in your payments. Your lawyer is required to give the addresses of these... View More

1 Answer | Asked in Bankruptcy, Business Law and Contracts for Oregon on
Q: Paying back loan after bankruptcy

My sister filed for bankruptcy and listed me as one of her creditors. She wants to pay me back now. Should I go to the trouble of having a Promissory drawn up for the repayment? Is there a point to doing that? Are there Oregon laws governing this sort of promissory note?

Joanne Reisman
Joanne Reisman
answered on Nov 27, 2016

Once you are listed as a creditor on a bankruptcy and the debtor gets a discharge, you are no longer legally entitled to collect the debt. The debt doesn't exist, at least not legally, and if you tried to collect it you would be violating bankruptcy law and subject to penalties.

Your...
View More

1 Answer | Asked in Bankruptcy and Divorce for Oregon on
Q: i my ex wife files bankrupcy a vehicle with both of our names can she put the vehicle in and will it hurt my credit

she got the vehicle in the divorce decree but both names are still on it

Joanne Reisman
Joanne Reisman
answered on Sep 23, 2016

I don't know what you mean in terms of the vehicle is in both names. Do you mean that you both bought it and you both are on the loan, then you can take over paying the loan and retain the vehicle. What did your divorce decree determine in terms of who was to get the car and who was to pay... View More

1 Answer | Asked in Bankruptcy for Oregon on
Q: Multiple families living together but all bills seperate. No funds mixed. Must i include their gross incomes per year?

I rent my parents home and pay rent and all utilities in full. They live on apartment on property. My daughter and her husband live in house with me. They pay nothing. Just buy thier own food. Must i include gross incomes in my household income for everyone?? Wouldn't make sense. I assume I... View More

Joanne Reisman
Joanne Reisman
answered on Oct 19, 2016

You need to hire an attorney to assist you with your bankruptcy and discuss the situation with the attorney. I can usually able to figure out a way to deduct the contribution of others living in the household to the overall cost of living so that my client's expense budget accurately only... View More

3 Answers | Asked in Car Accidents, Personal Injury and Bankruptcy for Oregon on
Q: Letter demanding payment for car accident injury

I live in Oregon and I just got a 30 day written demand letter for $10,000 in payment for damages exclusive of PIP for a personal injury claim. After those 30 days, they will file a lawsuit under ORS 20.080. They sent her medical records and bills in a CD and the total medical charges on her are... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 25, 2016

When you say you are under your dad's business insurance, if you mean his auto insurance, then just send this to your auto insurance carrier. They likely already have this, but this is just a tool attorney's use to try and get the insurance companies to skip the BS and get to a fair... View More

View More Answers

1 Answer | Asked in Bankruptcy for Oregon on
Q: Do I need to claim stocks in a chapter 7 bankruptcy if I cannot get access to them until I turn 62 ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 12, 2015

Yes, you need to schedule the stock, despite the restriction on your selling it. Whether the stock has any value to the bankruptcy estate is up to the trustee to decide.

1 Answer | Asked in Bankruptcy for Oregon on
Q: Would you consider 4 Lawyers and 7 paralegals excessive staffing for a fairly straight forward chapter 13 bankruptcy?

The length of my chapter 13 bankruptcy was to be three and a half years, ending in September. I never saw a bill or statement beyond signing the contract. I recently received a itemized statement that virtually doubled the "estimated fee." I have filed for fee arbitration. The law firm... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

I do not know the complexities of your case. You need to get an attorney to review everything that has been done for you to see if in that attorney's opinion the fees are reasonable. That firm will be doing that, and you have the same opportunity.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.