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Oregon Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Child Support for Oregon on
Q: When filing Ch. 7 bankruptcy in OR, is it mandatory to report the bankruptcy to the OR DOJ Child Support Division?
David Earl Phillips
David Earl Phillips
answered on May 3, 2017

Under the 2005 Bankruptcy Law it became necessary to notify child support creditor and the State Child Support Enforcement Office of a bankruptcy filing. If you owe child support this is mandatory even if you are current in your payments. Your lawyer is required to give the addresses of these... View More

1 Answer | Asked in Bankruptcy, Business Law and Contracts for Oregon on
Q: Paying back loan after bankruptcy

My sister filed for bankruptcy and listed me as one of her creditors. She wants to pay me back now. Should I go to the trouble of having a Promissory drawn up for the repayment? Is there a point to doing that? Are there Oregon laws governing this sort of promissory note?

Joanne Reisman
Joanne Reisman
answered on Nov 27, 2016

Once you are listed as a creditor on a bankruptcy and the debtor gets a discharge, you are no longer legally entitled to collect the debt. The debt doesn't exist, at least not legally, and if you tried to collect it you would be violating bankruptcy law and subject to penalties.

Your...
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1 Answer | Asked in Bankruptcy for Oregon on
Q: Multiple families living together but all bills seperate. No funds mixed. Must i include their gross incomes per year?

I rent my parents home and pay rent and all utilities in full. They live on apartment on property. My daughter and her husband live in house with me. They pay nothing. Just buy thier own food. Must i include gross incomes in my household income for everyone?? Wouldn't make sense. I assume I... View More

Joanne Reisman
Joanne Reisman
answered on Oct 19, 2016

You need to hire an attorney to assist you with your bankruptcy and discuss the situation with the attorney. I can usually able to figure out a way to deduct the contribution of others living in the household to the overall cost of living so that my client's expense budget accurately only... View More

1 Answer | Asked in Bankruptcy and Divorce for Oregon on
Q: i my ex wife files bankrupcy a vehicle with both of our names can she put the vehicle in and will it hurt my credit

she got the vehicle in the divorce decree but both names are still on it

Joanne Reisman
Joanne Reisman
answered on Sep 23, 2016

I don't know what you mean in terms of the vehicle is in both names. Do you mean that you both bought it and you both are on the loan, then you can take over paying the loan and retain the vehicle. What did your divorce decree determine in terms of who was to get the car and who was to pay... View More

3 Answers | Asked in Car Accidents, Personal Injury and Bankruptcy for Oregon on
Q: Letter demanding payment for car accident injury

I live in Oregon and I just got a 30 day written demand letter for $10,000 in payment for damages exclusive of PIP for a personal injury claim. After those 30 days, they will file a lawsuit under ORS 20.080. They sent her medical records and bills in a CD and the total medical charges on her are... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 25, 2016

When you say you are under your dad's business insurance, if you mean his auto insurance, then just send this to your auto insurance carrier. They likely already have this, but this is just a tool attorney's use to try and get the insurance companies to skip the BS and get to a fair... View More

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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...
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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: 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: 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: 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.

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.

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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.

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