Lawyers, Answer Questions  & Get Points Log In
Oregon Bankruptcy Questions & 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.

1 Answer | Asked in Bankruptcy for Oregon on
Q: Should I file bankruptcy and can I do it w/o an attorney?

I received multiple driving w/o license tickets years ago and it was sent to collections. I would like to get my drivers license back but have no way of paying the $12,000 collections bill. I make $13 an hour. I have no other debt but nor do I have any assets. What would you recommend?

Amy K.

Robert Gambrell
Robert Gambrell
answered on Jul 8, 2015

You can file pro se, but according to a study performed by the US Courts in 2011, a chapter 7 filed by a pro se debtor is 8 times more likely to be dismissed than a chapter 7 filed by a debtor that is represented by an attorney. If you take the time to research the firm that you retain and hire an... View More

1 Answer | Asked in Bankruptcy for Oregon on
Q: Can I file for chapter 7 without an attorney?

I receive SS Disability, own no property & have no assets! Live in OR & did file chapter 7 11 yrs ago

Kevin W. Chern
Kevin W. Chern
answered on Jun 26, 2015

You're not required to have an attorney to file bankruptcy, and it is possible to file on your own.

However, if you're not well versed in the relevant law and the bankruptcy process, attempting to handle your own bankruptcy can lead to costly mistakes. People who simply print out...
View More

2 Answers | Asked in Bankruptcy for Oregon on
Q: How do I find out whether my debtor has filed for bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

View More Answers

1 Answer | Asked in Bankruptcy for Oregon on
Q: What time of the year is best to file chapter 7 to avoid the risk of losing your federal and state tax refunds in Oregon?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: If you Refund is sizable, doesn’t matter when you file, the Trustee could still apportion it. If it is small it should fit within the avail exemption. If it is less than $2000 over the exemption and you have no other things over the limit the Trustee usually will not pursue.

1 Answer | Asked in Bankruptcy for Oregon on
Q: If i have a bankrutcy dicharge do i have to reaffirm my real estate when i have never stopped making payments?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included. It is a common strategy to continue making payment on a home without reaffirming. In the event... View More

1 Answer | Asked in Bankruptcy for Oregon on
Q: In Oregon, what happens to the Chapter 13 plan payments I have made if my case is dismissed prior to plan confirmation?

In Oregon, if my case is voluntarily or involuntarily dismissed prior to my confirmation hearing, what happens to all of the Chapter 13 payments that I have made? Even though it's dismissed, does the Trustee pay such things like child support arrears, past due taxes or mortgage arrears? Or,... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: You will not receive a refund. The funds are first applied to administrative fees, then to your creditors.

1 Answer | Asked in Bankruptcy for Oregon on
Q: How can I find out when my bankruptcy was final?
Andrew Bresalier
Andrew Bresalier
answered on Feb 10, 2014

A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

1 Answer | Asked in Bankruptcy for Oregon on
Q: I am losing my job and can't afford my ch 13. i need to convert to ch 7 and include my car. do I need the means test?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

Yes. In addition to filing a Motion to Convert, you should complete and pass the Means Test.

1 Answer | Asked in Bankruptcy for Oregon on
Q: Can a property be rescued from auction with LESS than 48 hr notice?
Andrew Bresalier
Andrew Bresalier
answered on Nov 28, 2011

Yes, by filing a Skelton Petition Bankruptcy. I would suggest you speak with an attorney in your area.

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.