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Oregon Bankruptcy Questions & Answers
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...
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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 assume there... 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...
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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 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.

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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.

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