Oregon Bankruptcy Legal Questions

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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 - Page 2
Do you have any Oregon Bankruptcy questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 111 previously answered Oregon Bankruptcy questions.

Recent Legal Answers

Are you still personally responsible for company's debts that occurred from the guaranteed contract that you signed during bankruptcy?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
You are not liable on a loan guarantee if you signed it before filing bankruptcy. You are liable if you signed after filing.
You are not liable on a loan guarantee if you signed it before filing bankruptcy. You are liable if you signed after filing.

If I filed chapter 13 today, would that stop the sale?

Answered 8 years and 9 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes, probably. You have a ton of deadlines to meet. I'm assuming you filed a CH13, and I'm assuming you filed a partial petition. Meet with a lawyer ASAP!
Yes, probably. You have a ton of deadlines to meet. I'm assuming you filed a CH13, and I'm assuming you filed a partial petition. Meet with a lawyer... Read More

Can you sell a vehicle if the lender refuses to repossess it?

Answered 8 years and 9 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Put the vehicle in the lender's parking lot. Put the keys with a note in an envelope and drop it in the mail slot. Advise the lender you are filing bk, and returning the vehicle. Give the lender your attorney's name and contact information. Good luck!
Put the vehicle in the lender's parking lot. Put the keys with a note in an envelope and drop it in the mail slot. Advise the lender you are filing... Read More

Can you sell a vehicle if the lender refuses to repossess it?

Answered 8 years and 9 months ago by William Rhymer (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
If you file a Chapter 7 you can generally surrender it and owe nothing on the vehicle. I would suggest waiting until you talk with a bankruptcy attorney. If you have too much income, you may be able to use it as an income deduction if you still have possession of the vehicle at time of filing.... Read More
If you file a Chapter 7 you can generally surrender it and owe nothing on the vehicle. I would suggest waiting until you talk with a bankruptcy ... Read More

Would I be able to keep funds after sale of rental home that I filed under bankruptcy after I pay loan off?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Since you filed in 2009, I assume your case is closed and the trustee has abandoned all assets. Which means you can probably keep any proceeds of a sale over the loan balance but to be sure have a bankruptcy lawyer take a look at your case.
Since you filed in 2009, I assume your case is closed and the trustee has abandoned all assets. Which means you can probably keep any proceeds of a... Read More

Can I convert to chapter 7 to stop the sale of date?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Modification or conversion will not stop the sale if you don't make the payments.
Modification or conversion will not stop the sale if you don't make the payments.

If I have debts under my old name student loans etc. but it's hard to find a job to qualify for student loan forgiveness, how do I do this?

Answered 8 years and 10 months ago by David Michael Benson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You needn't include your husband in the bankruptcy.
You needn't include your husband in the bankruptcy.

How do we sell when it was not reaffirmed?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
She would have to contact the bank to determine what they are willing to do.
She would have to contact the bank to determine what they are willing to do.

Can I register for another LLC business before I file for chapter 7 bankruptcy on a previous failed business?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Yes, however, the new business will be an asset subject to the bankruptcy, so if there is inventory or other assets they may be taken by the trustee to pay your creditors?
Yes, however, the new business will be an asset subject to the bankruptcy, so if there is inventory or other assets they may be taken by the trustee... Read More

If I have a recent lien on my home from a creditor and file bankruptcy, can I get the lien removed?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Bankruptcy
Probably, in Ohio judgment liens are released in bankruptcy unless you have more than $132,000 of equity in your home.
Probably, in Ohio judgment liens are released in bankruptcy unless you have more than $132,000 of equity in your home.

Can a credit collection place take the entire amount of your checking without notice?

Answered 8 years and 10 months ago by attorney Mr. Rex K. Daines   |   1 Answer   |  Legal Topics: Bankruptcy
Yes, if they have a judgment, they can clean out your bank account. You can file a form called a "challenge to garnishment" to get back any funds in the account that were exempt. Call the collection company and ask them to provide you with a challenge to garnishment form and get it filed right away. They do not have to reimburse any bank fees.... Read More
Yes, if they have a judgment, they can clean out your bank account. You can file a form called a "challenge to garnishment" to get back any funds in... Read More

Can a financial company pick up a car even if bankruptcy hasn't been approved but filed?

Answered 8 years and 10 months ago by David Michael Benson (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
The company may have violated the automatic stay by taking actions to collect on a debt. Your bankruptcy attorney should be able to help you with this.
The company may have violated the automatic stay by taking actions to collect on a debt. Your bankruptcy attorney should be able to help you with... Read More

Can the treasury garnish my wages even if I am the head of household?

Answered 8 years and 10 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If more than 1/2 your debts (by dollar amount) are business related you're exempt from the means test and can probably file a Chapter 7.
If more than 1/2 your debts (by dollar amount) are business related you're exempt from the means test and can probably file a Chapter 7.

Can I file bankruptcy now on my own if in 2012, my husband, who has now passed away, and I jointly filed chapter 7?

Answered 8 years and 11 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
No, you must wait until 8 years has passed since the 2012 filing date of the previous Ch. 7. If eligible for Ch. 13, you should explore that possibility with a bankruptcy attorney.
No, you must wait until 8 years has passed since the 2012 filing date of the previous Ch. 7. If eligible for Ch. 13, you should explore that... Read More

If a couple are on a mortgage and husband files Chapter 13, is the wife responsible for accrued interest and late fees while he is in bankruptcy?

Answered 8 years and 11 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
A Chapter 13 bankruptcy protects co-signers. So no, you should not suffer.
A Chapter 13 bankruptcy protects co-signers. So no, you should not suffer.

I received a summons about a past due credit card, what do I do now?

Answered 9 years ago by Shawn Regis Jackson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Yes, you will want to hire an attorney in your area to respond to the summons and develop a strategy to resolve this issue.
Yes, you will want to hire an attorney in your area to respond to the summons and develop a strategy to resolve this issue.
Yes. Presumably you did not renew the registration, and the lender certainly would not want to do so. Why not send them a certified letter, return receipt requested, telling them that you surrender the car to them, and you will charge them for storage if they don't come pick it up within, say, two weeks?... Read More
Yes. Presumably you did not renew the registration, and the lender certainly would not want to do so. Why not send them a certified letter, return... Read More
I have never heard of a lender cancelling a vehicle registration, but the state will do this if you fail to maintain vehicle insurance or to pay the renewal fee.
I have never heard of a lender cancelling a vehicle registration, but the state will do this if you fail to maintain vehicle insurance or to pay the... Read More
Registration is issued by the state and the loan company doesn't have anything to do with it. As long as the vehicle's title is in your name, you're allowed to register it and buy license plates.
Registration is issued by the state and the loan company doesn't have anything to do with it. As long as the vehicle's title is in your name, you're... Read More

If I have a travel trailer included in my chapter 13, I have someone wanting to buy it from the lender or trustee, is this legal?

Answered 9 years ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Your question is a mite confusing. You say 'if' you have a trailer, you have someone wanting to buy it. Assuming that you did not mean to make the question conditional, you certainly can participate in a sale so long as the Trustee and the secured creditor consent. You will want to be certain that the secured creditor amends its Proof of Claim, to reflect the partially paid portion of the secured claim.... Read More
Your question is a mite confusing. You say 'if' you have a trailer, you have someone wanting to buy it. Assuming that you did not mean to make the... Read More
Not generally. Hard to give you a specific answer without looking at your BK schedules. It's like calling a doctor on the phone who you've never met, asking about an Xray or an MRI. If you want to be sure, ask your attorney for clarification.
Not generally. Hard to give you a specific answer without looking at your BK schedules. It's like calling a doctor on the phone who you've never met,... Read More
In Oregon, up to $7,500 of your Social Security money in a bank account is protected from the claims of creditors, as long as you can identify that money and it is not co-mingled with other sources of money.
In Oregon, up to $7,500 of your Social Security money in a bank account is protected from the claims of creditors, as long as you can identify that... Read More

Can creditors attach my bank account which has my Social Security payments?

Answered 9 years ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
The answer to most legal questions is IT DEPENDS. If any money goes into the account other than social security, the protection that the account might otherwise enjoy can be destroyed by a deposit of $20 from bingo winnings or a birthday gift. If the social security does not go into the account from a direct deposit, the bank may not be aware that the account is eligible for protection. And some banks would rather not work to protect your legal rights and make you fight this battle with the creditor. So you may want to start by talking with your bank manager about bank policies.... Read More
The answer to most legal questions is IT DEPENDS. If any money goes into the account other than social security, the protection that the account... Read More

Can I file chapter 7 on those medical bills?

Answered 9 years ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Canโ€™t I stick with the amount that she originally told me under the court?

Answered 9 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
So are you thinking that your attorney just increased the size of your plan payment because she is being an awful person? Because generally there is one of two reasons why the trustee would demand more money ? 1 ? because the debts you must pay in order for your plan to pay them off came in at a higher amount than you estimated and 2 ? because the expenses you claimed you had to offset your income were not reasonable or you were not able to prove they actually existed.... Read More
So are you thinking that your attorney just increased the size of your plan payment because she is being an awful person? Because generally there is... Read More