Oregon Recent Legal Answers from Lawyers

If you are seeking a divorce and you do have a child with your husband, you need to have at least some basic provisions in the judgment covering custody, parenting time and child support. Also, while in Oregon you can agree to joint custody, that is usually a bad idea. The best approach would be to agree with your husband as to which of you should have sole custody of your child and how much parenting time the non-custodial parent should have. You can also reach an agreement for no child support given your husband's disability.... Read Answer

The filing of a bankruptcy petition by itself does not dissolve a corporation. The filing by a non-profit (or for profit) business entity of a Chapter 7 case does not give the entity a discharge either. So, you should think carefully whether you need to file at all. You should consult an attorney specializing in corporate law to determine whether there are issues that you should consider and what to do regarding resolution.... Read Answer

Assuming a proceeding for dissolution will be initiated by either you or your husband, disposing of his belongings would not be a good idea. When a dissolution is filed with the Court, there is an automatic statutory restraining order that comes into effect. This restraining order directs that both personal and joint assets need to be preserved until the Court can direct the division of the property and debt under the Petition for Dissolution of Marriage filed by the Petitioner (the party initiating the dissolution). The restraining order would apply to any personal property your husband brought into the marriage along with any and all assets you and your husband acquired jointly during the marriage (also all of your stuff). Best thing to do, consult with an attorney who has an office near the courthouse where the case would be filed and heard.... Read Answer

The buyer's estate (personal representative, trustee or administrator) may decide to go ahead and complete the purchase. If the estate defaults, then you foreclose your security interest (with the PR, trustee or administrator as defendant) as with any buyer. It sounds to me like you need a lawyer. With an occupant in the property, there are many picky notice requirements in the new foreclosure laws.... Read Answer

You have not presented the full facts, but I presume you are appealing a decision to reinstate your benefits back to 100%. All your bankruptcy will do is prevent the insurance company from suing you to recoup any claim you were overpaid. Under these circumstances, I would think you would WANT to have the administrative proceeding continue, since you could win.... Read Answer

The next step (assuming you can document your entry) is to file an adjustment of status package with USCIS. This requires you and your husband to both prepare forms that are concurrently filed with USCIS. The total filing fees charged by USCIS are currently $1,490.00 but filing fees are set to increase later this month. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

This is the type of situation where your relative and her husband really need to consult an attorney. More specific information is needed about his prior attempted entries. There is a good chance he is subject to the permanent bar, which would make him ineligible for permanent residence. However, additional facts may established eligibility for immigration benefits. I encourage you to have them consult an attorney ASAP. In the interim, you can read more about the permanent bar at http://myattorneyusa.com/permanent-bar-overview.... Read Answer

The best advice I can give you is to pay an experienced lawyer to review your file with you, and go over the pros and cons. You have a number of options, but I hate to hazard a guess without looking at your entire file. This is like me going to a website of doctors trying to describe an ex-ray taken three years ago and how I'm feeling now, and seeing if one of the doctors can tell me what to do about my current symptoms. You can do what you want, but a face to face meeting with someone knowledgeable will hold you in good stead.... Read Answer

Your chapter 13 attorney should be testing the waters to see if this deal can be implemented by settling at a discount. You definitely should not be reaching out to the creditors as you may inadvertently let the cat out of the bag and say something that will jeopardize the offer you may receive from your creditors.... Read Answer

In California there is an Affidavit or Declaration procedure available for a much-simplified probate procedure if the assets that don't pass automatically as joint tenancy property total less than $150,000.00. You may have to wait for the foreclosures to be completed in order to meet that threshold. You will also need an Inventory and Appraisal of the property by a Probate Referee. All Successors in Interest would need to join in the Petition. The procedure is not available to effect a transfer of the property, so it would need to be done in two steps, first getting the property into the names of the Successors in Interest (the people named in the Will to receive it or, if no Will, the heirs of the decedent) and only after that would the Successors be able to complete a sale to third persons. There is no publication of notice required, so creditors are less likely to learn of the procedure. There is also an affidavit procedure which avoids court altogether as well as not requiring an Inventory, but that procedure is only available if the gross value of the real property does not exceed $50,000.00. There is no other way to effectively transfer property of a deceased person which avoids probate. Your signatures on a deed would be invalid to transfer title.... Read Answer