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

View More Answers

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 »

View More Answers

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 documents that... Read more »

1 Answer | Asked in Bankruptcy for Oregon on
Q: will the judge go back and undo what's already been done

we have filed a Chapter 13 as of last Tuesday the sale dates for my most important properties have come up come to find out I did not personally guarantee anything or personally sign anything it was all under the business entity which means a Chapter 13 does not cover it by bankruptcy I've lost two... Read more »

Joanne Reisman
Joanne Reisman answered on Apr 11, 2019

You need to discuss this with your bankruptcy lawyer. That is the only person with enough knowledge of your personal situation and legal training to advise you. It may turn out that you still need the Chapter 13 for your personal liabilities but you need to revise your filings to accurately... Read more »

1 Answer | Asked in Adoption and Bankruptcy for Oregon on
Q: hello I filed chapter 7 back in 2017 my 2015 Dodge Ram was included in that ch 7 the credit union has allowed me to keep

the vehicle however it is not being reported to the credit agencies can i turn in said vehicle without repercussions thank you Todd

Timothy Denison
Timothy Denison answered on Feb 23, 2019

If you signed a reaffirmation agreement on the Dodge, the lender can still pursue a judgment post bankruptcy for which you would be liable. If you did not sign a traffic, you can simply turn it over to the lender and walk away. Check with your bankruptcy attorney as to what your signed and your... Read more »

1 Answer | Asked in Bankruptcy for Oregon on
Q: Oregon bankruptcy chapter 7. On 12-24-2014 inguinal hernia on the job. Claim was closed cause it was small and may never

need surgery. Aprox. June 2018 forced into bankruptcy loss of job. Aprox. September 2018 bankruptcy chapter 7 is discharged. In November 2018 I reinjured hernia and given 30 lb. weight limit. and reopened workers comp case from almost 4 years ago. If I take a lump sum settlement can the trustee... Read more »

Timothy Denison
Timothy Denison answered on Dec 30, 2018

No. If the injury was post petition and the reopening was post petition, the award belongs to you.

1 Answer | Asked in Bankruptcy for Oregon on
Q: I have HIV and severe PTSD with phsycotic tendencies. I need a pro bono bankruptcy attorney.

I have been sick for over two years now and am unable to work. Am applying for disability. I have issues on my credit. I have just filed my 2013-2017 taxes after contacting the IRS and recovering the information needed. Was told to file all 1040ez. Have done as was told. They sent letters... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Dec 13, 2018

Legal aid will help you draft your bankruptcy petition, but will not actually represent you. This is not the kind of legal work that attorneys will do pro bono. If you have no income or assets then you're essentially judgment proof anyway, so bankruptcy is not urgent and you can wait until you have... Read more »

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... Read 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... Read 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... Read more »

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.