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Oregon Bankruptcy Questions & Answers
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... Read 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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2 Answers | Asked in Bankruptcy and Real Estate Law for Oregon on
Q: As a buyer can I be sued by a seller (in bankruptcy and already has court approval to sell home) if I breech contract?

Tried to back out of contract but bankruptcy lawyer is threatening I will be sued by sellers or bankruptcy court if I don’t follow through with sale. Bankruptcy was never disclosed to us in purchase and sale agreement (only in addendum stating “sale of home contingent on court approval”) the... Read more »

Joanne Reisman
Joanne Reisman answered on Mar 31, 2020

This is a complex situation which really requires a lawyer to know all the facts and review all the documents before they can advise you. All I can tell you is that the Bankruptcy Lawyer is motivated to get top dollar for their client. They need to sell the house for more than is owed on the... Read more »

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1 Answer | Asked in Bankruptcy for Oregon on
Q: Can i surrender my truck in another state? Can they come pick it up? I'm moving and waiting for the surrender date.
Timothy Denison
Timothy Denison answered on Mar 19, 2020

Just take it to the lender when you leave town and drop the keys in the night deposit.

2 Answers | Asked in Bankruptcy and Foreclosure for Oregon on
Q: If someone files bankruptcy to stop home foreclosure but passes away before it's final, what happens to the home?

Also, if the bank will take the house for what's owed to them, can the surviving family take over the debt so that they can keep the house?

Joanne Reisman
Joanne Reisman answered on Mar 17, 2020

The bankruptcy ends when the person who filed dies. The house not having been foreclosed now belongs to who ever inherits the deceased owner's interest in the house subject to other claims by the deceased owners creditors which may or may not require a probate to sort out. Any foreclosure... Read more »

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2 Answers | Asked in Bankruptcy and Libel & Slander for Oregon on
Q: I hold a judgement granted me against Debtor in small claims for liable. How do I file an objection to her Ch7 discharge

Liable was done with Malice and attempt to cause harm

Clark Dray
Clark Dray answered on Feb 28, 2020

I can't speak to the exact procedure in Oregon, but it's probably done by bringing an adversary proceeding to have the debt determined to be nondischargeable. You'll need an attorney for this.

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2 Answers | Asked in Bankruptcy and Consumer Law for Oregon on
Q: My attorney won't return my calls. I've already paid her for bankruptcy services.

What can I do and please tell me how to find FREE legal services in Portland Oregon? I'm asking for FREE services as my attorney took the money I had for filing my bankruptcy.

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff answered on Feb 14, 2020

Dear Asker,

If you can not get ahold of your attorney via her phone or email you can contact the Oregon State Bar about reaching out to her to resolve any misunderstanding or fee dispute. https://www.osbar.org/feedisputeresolution

You can call oregon legal aid to discuss...
Read more »

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3 Answers | Asked in Bankruptcy for Oregon on
Q: I am thinking about filing for a bankruptcy, but have co-signed for a relative on a vehicle.

What problems will this cause my relative if I file.

Joanne Reisman
Joanne Reisman answered on Feb 3, 2020

It shouldn't cause a problem unless the purchase papers have some type of clause that triggers something when the co-signor files bankruptcy. You and the purchaser should review the purchase documents that you co-signed. I would be surprised if there was anything but since I can't... Read more »

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2 Answers | Asked in Bankruptcy for Oregon on
Q: How far ahead of filing bankruptcy should I stop paying credit card bills? Do I still pay subrogation debt?

I’m planning on filing for bankruptcy due to a couple of lawsuits after car accidents and prior debt. I am receiving a packet from my local legal aid office and taking this sort of “class” or something in March to get the process started. I’ve read online that I should stop paying back... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 7, 2020

As an Attorney I would not risk giving you advice on stopping payment on your debts without knowing all the details of your case, ie without you coming to see me as a client and we do a thorough evaluation of your situation. Any payments you make on debts prior to your bankruptcy is probably money... Read more »

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1 Answer | Asked in Bankruptcy for Oregon on
Q: I am currently being garnished on an old debt. The problem is that the amount doubled because of interest. Legal?

The debt is Legitimate.

Timothy Denison
Timothy Denison answered on Dec 14, 2019

Yes. It is legal.

1 Answer | Asked in Bankruptcy for Oregon on
Q: I will be filing chapter 7. The co-buyer on the car loan contract will make the monthly payment, does this work
Timothy Denison
Timothy Denison answered on Nov 25, 2019

It works so long as the co-buyer agrees and actually makes the payment.

1 Answer | Asked in Bankruptcy and Divorce for Oregon on
Q: Seporated 2 years, married 20 years, no children , going through bankruptcy

Been living on same property paying rent with my girlfriend, what are my rights and what can I do ? She won't divorce cause of bankruptcy.

Timothy Denison
Timothy Denison answered on Nov 11, 2019

Impossible to say without substantially more information. In any event, get the bankruptcy done first and that will make life easier in the divorce.

1 Answer | Asked in Bankruptcy for Oregon on
Q: Went bankrupt july 25 in oregon it discharged oct 28 landlord is charging me Aug Sept oct for rent is that legal

Filed bankrupt chapter 7 july 25 2019 it discharged october 28 2019 I got a 72 hour notice to pay august september october rent can they charge me for those months

Timothy Denison
Timothy Denison answered on Nov 9, 2019

They can if you were living there or didn’t list it as a debt.

1 Answer | Asked in Bankruptcy and Divorce for Oregon on
Q: I am trying to understand a couple topics related to bankruptcy in Oregon.

1. When one spouse has credit card debt in his name alone, does the Family Expenses Statute apply to routine expenses like groceries and utility bill. More generally, I am wondering when credit card debt can be considered joint debt of both spouses even though it is in the name of one spouse.... Read more »

Timothy Denison
Timothy Denison answered on Sep 30, 2019

1. All debt acquired during the marriage is presumptively marital debt regardless of whose name it is in.

2. Yes, to some degree depending on how much total equity is in the house.

3. It will be if it is an arms length transaction between divorcing spouses. It may not be...
Read more »

1 Answer | Asked in Bankruptcy for Oregon on
Q: Keeping a small business while filing chapter 7 bankruptcy

I’m a stay at home mom wanting to keep my business so I can afford diapers and formula for my kids. I have to file a chapter 7 because I screwed up on my debts. I am working in direct sales of Lularoe.

Timothy Denison
Timothy Denison answered on Jul 16, 2019

Should not be a problem to retain the business. Contact a competent bankruptcy attorney to determine the best route for you to go.

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
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
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 Bankruptcy for Oregon on
Q: if a credit company buys traffic tickets can I then include that in bankruptcy since it is no longer a govt. issue?

basically a credit company has "bought" my tickets from years ago and they want over 3 times the original amount. since its a credit company can I declare bankruptcy on them?

Joanne Reisman
Joanne Reisman answered on May 2, 2019

I've never come across this question in my practice but I do see your point. Basically has the dischargable nature of the debt changes due to the assignment of a non-government agency. So I don't know the answer but it does raise some issues. First you would need to get all the... Read more »

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