×
Go back to Martindale-Avvo ➔

Oregon Bankruptcy Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
111 legal questions have been posted about bankruptcy by real users in Oregon. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Oregon Bankruptcy Questions & Legal Answers
Do you have any Oregon Bankruptcy questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 111 previously answered Oregon Bankruptcy questions.
Bankruptcy
Oregon

Recent Legal Answers

Can u claim student loans in bankruptcy

Answered 6 years and 10 months ago by attorney Bankruptcy Attorney Mark J Markus   |   1 Answer   |  Legal Topics: Bankruptcy
I'm not clear on what you mean by the word "claim".   If you mean "list", then yes you must list all your debts and all your assets in any bankruptcy case. If instead you mean "discharge", then student loans are not presently dischargeable in bankruptcy unless you prove, after a trial, "undue hardship" as that term is defined by the courts in your jurisdiction.  It is a tough standard to meet. There is a new bill pending now in Congress to make student loans dischargeable under certain circumstances.   Whether and when that bill will become a law is obviously uncertain at this point.  ... Read More
I'm not clear on what you mean by the word "claim".   If you mean "list", then yes you must list all your debts and all your assets in any... Read More

Can SSDI and federal student loan funds be co-mingled and not be subjected to creditors?

Answered 8 years and 4 months ago by attorney Mr. Rex K. Daines   |   1 Answer   |  Legal Topics: Bankruptcy
If your lawyer really gave you that advice, he is an idiot. On the other hand, why are you commingling funds? Just keep Student loan money in one account and SS money in another account and any other money you might receive in a third account. Then you don't have to go through the hassle of tracing the money to prove it was not originally from some other source.... Read More
If your lawyer really gave you that advice, he is an idiot. On the other hand, why are you commingling funds? Just keep Student loan money in one... Read More

Can we request storage fees since we have proof of trying to surrender the vehicle and what are our rights to the vehicle?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
You can't charge the lender storage fees on your vehicle. When you buy a vehicle subject to a loan, you're the owner and the lender has the RIGHT to repossess the vehicle if you don't pay the loan. However, the lender has no OBLIGATION to repossess it. As the owner, you're responsible for all the expenses of the vehicle. Since you don't want the vehicle and the lender hasn't repossessed it. You can file with the bankruptcy court to require the lender to either (1) repossess it or (2) remove their lien and give you good title. After you get good title you can sell or junk the vehicle.... Read More
You can't charge the lender storage fees on your vehicle. When you buy a vehicle subject to a loan, you're the owner and the lender has the RIGHT to... Read More

Can the bankruptcy trustee or creditors seize his back pay so he will not receive it at all?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Veterans' benefits are exempt in bankruptcy. This means that your husband's veterans' benefits can't be seized by the trustee or his creditors. Neither the current payments nor any back pay. In Ohio, even bank accounts containing funds from the veterans' benefits are exempt although it can be challenging to prove how much of the money is veterans' benefits and how much comes from non-exempt sources.... Read More
Veterans' benefits are exempt in bankruptcy. This means that your husband's veterans' benefits can't be seized by the trustee or his creditors.... Read More

Can bankruptcy take medical lien off my house if there was a medical lien placed on the home after my mother’s death?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Tricky question. Is the medical lien for health care provided to your mother? Then yes, the lien can be removed in bankruptcy as long as your equity in the house doesn't exceed $132,000. If the medical lien is for health care provided to you are a dependent, then no, it can't be removed in bankruptcy.... Read More
Tricky question. Is the medical lien for health care provided to your mother? Then yes, the lien can be removed in bankruptcy as long as your equity... Read More

Am I okay to get a loan on a vehicle if I just filed for Chapter 7 bankruptcy and haven’t been to meeting of creditors?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
I would advise you to wait until your creditor?s meeting before getting any new loans.
I would advise you to wait until your creditor?s meeting before getting any new loans.

What can I do to get him out so I can sell it or can I even do that?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
There are a lot of issues here. Speak to an attorney face to face. Any attorney worth their salt will charge you for the consultation. Good luck!
There are a lot of issues here. Speak to an attorney face to face. Any attorney worth their salt will charge you for the consultation. Good luck!

My attorney told me to max credit cards before bankruptcy, should I?

Answered 8 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
You should find a competent attorney. If you incur debts with the intention of not paying them because you?re planning bankruptcy, you're discharge will be denied if the court discovers it. Obviously, this attorney is a hack who isn't familiar with bankruptcy law.
You should find a competent attorney. If you incur debts with the intention of not paying them because you?re planning bankruptcy, you're discharge... Read More

Can I be charged with theft if I kept belongings of a roommate who owes money?

Answered 8 years and 5 months ago by attorney Daniel A. Edelman   |   2 Answers   |  Legal Topics: Bankruptcy
Landlords may not detain the personal property of tenants for nonpayment of rent.
Landlords may not detain the personal property of tenants for nonpayment of rent.

Can I be charged with theft if I kept belongings of a roommate who owes money?

Answered 8 years and 5 months ago by attorney Mr. Rex K. Daines   |   2 Answers   |  Legal Topics: Bankruptcy
Yes. You cant keep someone else's stuff even if that person owes you money. You need to go through the correct legal procedures.
Yes. You cant keep someone else's stuff even if that person owes you money. You need to go through the correct legal procedures.

What is the starting debt I owed them not including interest, the $14,000 on the judgement issued or the $12,000 turned in when I filed the bankruptcy

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
It is hard to discern what occurred in your case from the information here. I would be willing to review your file, but I charge hourly for these matters (with a one hour minimum).
It is hard to discern what occurred in your case from the information here. I would be willing to review your file, but I charge hourly for these... Read More

What should I do if I just bankruptcy and I received summons?

Answered 8 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If you are not working, there are no wages to garnish. The worst that can happen is the creditor gets a judgment for the amount owed. Just include that in your BK filing. No need to cry.
If you are not working, there are no wages to garnish. The worst that can happen is the creditor gets a judgment for the amount owed. Just include... Read More

Is a property lien enforceable if promissory note attached to it has expired, and no attempt to collect has been made?

Answered 8 years and 6 months ago by attorney Mr. Rex K. Daines   |   1 Answer   |  Legal Topics: Bankruptcy
Generally, yes. ls click here.
Generally, yes. ls click here.

If we file bankruptcy, can we keep or cars and RV as there is no equity on any of them and we will have to live in the RV?

Answered 8 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Probably yes.
Probably yes.

How will my chapter 13 bankruptcy affect my spouse?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No, a creditor can't come after your spouse's personal property unless (1) he signed for the debt or (2) you have him the property or paid for it.
No, a creditor can't come after your spouse's personal property unless (1) he signed for the debt or (2) you have him the property or paid for it.

Can the automatic stay in bankruptcy apply to an administrative hearing?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No. A hearing to determine fitness for a dental license (or other occupational license) isn't an attempt to collect funds, so it's not covered by the bankruptcy stay.
No. A hearing to determine fitness for a dental license (or other occupational license) isn't an attempt to collect funds, so it's not covered by the... Read More

Are there any legal ramifications if this does happen?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
So, your question is "Can I get away with bankruptcy fraud by failing to list an expected insurance refund as an asset?" My answer to all bankruptcy fraud schemes is "if you think you've got troubles because you've got financial problems, wait until the FBI is prosecuting you for a felony. Then you'll look back to when you just had financial problems as being the good times." Don't worry, federal prisons are easy compared to state prisons, sometimes the rapists don't kill you.... Read More
So, your question is "Can I get away with bankruptcy fraud by failing to list an expected insurance refund as an asset?" My answer to all bankruptcy... Read More

What do I do if I’m being summoned by the debt collector and left to file for bankruptcy?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Debt consolidation is a scam. They take your money and never settle your debt. You can file bankruptcy and eliminate these debts.
Debt consolidation is a scam. They take your money and never settle your debt. You can file bankruptcy and eliminate these debts.

Is my mom responsible for my dad's hospital bills after he passed?

Answered 8 years and 7 months ago by attorney Mr. Rex K. Daines   |   1 Answer   |  Legal Topics: Bankruptcy
Yes, she is.
Yes, she is.

Can we still file chapter 7 even if she is a resident in another state?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You and your mother must file separate bankruptcies. Only spouses can file joint bankruptcies. Of course in Michigan, children and their parents are often married to each other, so it's common for mother and child to file jointly there.
You and your mother must file separate bankruptcies. Only spouses can file joint bankruptcies. Of course in Michigan, children and their parents are... Read More

If I do a bankruptcy, will I be able to keep my 4-wheeler that’s been financed?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You can keep any vehicle in bankruptcy, if you're willing (and able) to pay for it. What bankruptcy doesn't do is allow you to keep a vehicle without paying for it.
You can keep any vehicle in bankruptcy, if you're willing (and able) to pay for it. What bankruptcy doesn't do is allow you to keep a vehicle without... Read More

Will my chapter 7 filing be dismissed if I don't amend my filing, turn in my tax returns and bank statements before my next meeting with the trustee?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
It might be dismissed, it's up to the trustee. Or, if the trustee suspects that you're hiding something, he might subpoena the records to go after whatever you're hiding.
It might be dismissed, it's up to the trustee. Or, if the trustee suspects that you're hiding something, he might subpoena the records to go after... Read More

What would be the total cost of a Chapter 7?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
It depends on how complex your situation is. A very simple Chapter 7 might be $1,500 including the filing fee and the online courses. A complex one can cost thousands.
It depends on how complex your situation is. A very simple Chapter 7 might be $1,500 including the filing fee and the online courses. A complex one... Read More

Can an unsecured personal loan to our son-in-law be discharged in bankruptcy?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
So, your son-in-law was spending more than he was making and even the rip off king payday places wouldn't loan him any more money, and you stepped in a gave him another $15,000 to plow through. Did you think he was suddenly going to become sober and temperate? Of course, he will discharge this debt in bankruptcy, he didn't care about you when he was spending the money, why do you think he cares about you now that it's gone.... Read More
So, your son-in-law was spending more than he was making and even the rip off king payday places wouldn't loan him any more money, and you stepped in... Read More

Can the courts take our home away?

Answered 8 years and 8 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No. You have to continue to honor the agreement. The Trustee make take over, but you should be unaffected.
No. You have to continue to honor the agreement. The Trustee make take over, but you should be unaffected.
Bankruptcy
Oregon

Helpful Resources