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Oregon Bankruptcy Questions & Answers
4 Answers | Asked in Bankruptcy for Oregon on
Q: Can I apply for a loan and still file for chapter 7 if I am denied the loan?

I am about to be garnished for my full check for 2 and a half months.

I am wondering if I can apply for a loan to survive. If I get the loan I am okay. If I don't get the loan, will having applied for it prevent me from filing for bankruptcy?

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Aug 5, 2021

The simple answer is no, applying for a loan does NOT make you ineligible for bankruptcy relief. Do NOT make any material misrepresentations on your loan application. (It's a crime to make a false statement to a financial institution, insured by the federal government, in a loan... Read more »

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1 Answer | Asked in Bankruptcy and Contracts for Oregon on
Q: What are non-dischargeable debts that do not require courts action?

Debt incurred three years prior to filing of C-13 bankruptcy and continued during Bankruptcy.

Timothy Denison
Timothy Denison answered on Jul 22, 2021

Items such as student loans, some taxes, employee contributions snd withholding, etc.

1 Answer | Asked in Bankruptcy, Banking, Business Formation and Business Law for Oregon on
Q: If a business corporation is sued in one state and loses the case, can they attach all bank accounts,personal and bus.

Most companies have a couple different licenses under the same business(dba/LLC). If there are bank accounts in other states owned by the corporate officers and also in the same name of the business being sued can the out of state account be attached also.

Now the business in the other... Read more »

Timothy Denison
Timothy Denison answered on Feb 15, 2021

Yes. Once a judgment is granted against a corporation, it may be enforce against the corporation snd assets located anywhere within the United States.

3 Answers | Asked in Bankruptcy for Oregon on
Q: My partner and I are both on the house mortgage. Will I be able to file for chpt. 7 or 13? will it affect the mortgage
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Feb 15, 2021

A bankruptcy filing will certainly affect your mortgage debt, but if you are current in the payments, the mortgage lender may be happy to just continue to receive the monthly payments if you file a Ch. 7. Check your note and mortgage, because it may provide that the filing of a bankruptcy... Read more »

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2 Answers | Asked in Bankruptcy for Oregon on
Q: My Mother owns a house in Oregon. She put my Sister and I on the deed. My Sister is declaring bankruptcy.

Can they come take the house while my Mother is still living there?

Timothy Denison
Timothy Denison answered on Sep 2, 2020

Probably not depending how the deed is set up.

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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.

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