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 3
Do you have any Oregon Bankruptcy questions page 3 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

Can I file for bankruptcy if I have no income to report and have not worked in the past 5 years?

Answered 9 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
You could file under Chapter 7. But why bother? Under your circumstances you are probably 'judgment proof' and it is possible that the statutes of limitation have passed on many of your debts. A consultation with a good bankruptcy lawyer seems like it's the next step
You could file under Chapter 7. But why bother? Under your circumstances you are probably 'judgment proof' and it is possible that the statutes of... Read More

What can be done if I want to give the car back but my attorney told me that I have to file a chapter 7 now?

Answered 9 years and a month ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
It's always your choice whether to file a bankruptcy. In a Chapter 7 any liability you have for a car you give back would be eliminated.
It's always your choice whether to file a bankruptcy. In a Chapter 7 any liability you have for a car you give back would be eliminated.
When you file Chapter 13, the automatic bankruptcy stay goes into effect immediately, which forbids creditors from pursuing all kinds of collection activity. So, no, when you file Chapter 13 the payday loan company can no longer take money out of your account.
When you file Chapter 13, the automatic bankruptcy stay goes into effect immediately, which forbids creditors from pursuing all kinds of collection... Read More

Can payday loans still take money out of my checking account after I filed chapter 13?

Answered 9 years and 2 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No.
No.

Is there of writing a promissory note / 2nd mortgage that will not allow the buyer to discharge the debt if they were to go bankrupt?

Answered 9 years and 2 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Meet with a lawyer experienced in both real estate matters and bankruptcy. The advice will cost you of course, but it will save you a lot of grief down the road. Good luck!
Meet with a lawyer experienced in both real estate matters and bankruptcy. The advice will cost you of course, but it will save you a lot of grief... Read More

Can I file bankruptcy and get my license reinstated?

Answered 9 years and 2 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Yes.
Yes.

Can our RV be homestead exempt if we have nowhere else to live?

Answered 9 years and 2 months ago by Giovanni Orantes (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
RVs (that is, mobile homes) may be exempted in a bankruptcy case up to the legal limits. You should consult experienced bankruptcy counsel to determine whether you qualify to file and the pros and cons of doing so.
RVs (that is, mobile homes) may be exempted in a bankruptcy case up to the legal limits. You should consult experienced bankruptcy counsel to... Read More

Should a 501c6 organization with less than $20,000 debts file bankruptcy?

Answered 9 years and 2 months ago by Giovanni Orantes (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
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 More
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... Read More

Can I file bankruptcy in a different county?

Answered 9 years and 3 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Bankruptcy is filed in Federal Court. For the Southern District of Ohio you can file in Columbus, Dayton or Cincinnati. You must file in the district where you have lived during the past 6 months.
Bankruptcy is filed in Federal Court. For the Southern District of Ohio you can file in Columbus, Dayton or Cincinnati. You must file in the district... Read More

What happens if I am ordered withholding discharge but we completed successfully?

Answered 9 years and 3 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
The reason your discharge has been withheld is because you do not appear to have been eligible for a Chapter 13 discharge. If you file Chapter 13 less than 4 years after filing chapter 7, you are not eligible by law for a discharge.
The reason your discharge has been withheld is because you do not appear to have been eligible for a Chapter 13 discharge. If you file Chapter 13... Read More

If I file for bankruptcy, will the Automatic Stay stop this administrative proceeding?

Answered 9 years and 3 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
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 More
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... Read More
The automatic stay prohibits collection activity by your creditors. However, it should not stop a worker's compensation proceeding, for that has nothing to do with a debt you owe to somebody, it has to do with benefits that will be payable to you.
The automatic stay prohibits collection activity by your creditors. However, it should not stop a worker's compensation proceeding, for that has... Read More

Would filing bankruptcy get rid of the debt I owe from being involved in a car accident while uninsured?

Answered 9 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Bankruptcy will eliminate the debt and get your license reinstated. All you'll have to pay is the reinstatement fees.
Bankruptcy will eliminate the debt and get your license reinstated. All you'll have to pay is the reinstatement fees.
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 More
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... Read More
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 More
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... Read More

Will my bankruptcy get dismissed by not showing up to creditorโ€™s meeting?

Answered 9 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Your bankruptcy will not be dismissed because you missed the creditors' meeting. Also, the sale of your house isn't valid without the court's leave to sell.You need to notify the trustee of the pending sale.
Your bankruptcy will not be dismissed because you missed the creditors' meeting. Also, the sale of your house isn't valid without the court's leave... Read More

Can I file bankruptcy if SSI is my only income?

Answered 9 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
It's not necessary to have any income to file bankruptcy - in Chapter 7; because Chapter 13 requires monthly payments, a regular monthly income is required to file a 13. Chapter 7 will improve your chance of getting a new apartment because it eliminates your debt.
It's not necessary to have any income to file bankruptcy - in Chapter 7; because Chapter 13 requires monthly payments, a regular monthly income is... Read More

Can I keep my back pay after filing for chapter 13 bankruptcy?

Answered 9 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
It depends how much back pay you're going to receive. If it's $5,000, it's likely the trustee will want some turned over. If it's $500, it's probably all exempt and/or too little for the trustee to be concerned about.
It depends how much back pay you're going to receive. If it's $5,000, it's likely the trustee will want some turned over. If it's $500, it's probably... Read More

If I filed bankruptcy, did not reaffirm and now need to surrender my car, can the bank take funds out of my accounts?

Answered 9 years and 4 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You are asking me about a lease with different terms? Did you enter into this lease BEFORE or AFTER you filed bankruptcy. It sort of makes a difference, as in ALL THE DIFFERENCE IN THE WORLD! As to the issue of whether a credit union can reach into your deposit accounts for payment on a debt owed to a credit union, that answer is pretty simple. OF COURSE THEY CAN. That is what credit union membership allows. In your credit union membership application, it states that any debt with the CU is cross collateralize by your deposit account. In short, you pawned your deposit accounts (checking, savings, retirement accounts) as collateral for the vehicle lease.... Read More
You are asking me about a lease with different terms? Did you enter into this lease BEFORE or AFTER you filed bankruptcy. It sort of makes a... Read More

If I file bankruptcy before my car is repossessed, am I able to keep the car while a settlement is negotiated?

Answered 9 years and 4 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
It depends on the company. In a Ch. 7, they might immediately file a motion to lift the automatic stay & grab the car before a hearing.
It depends on the company. In a Ch. 7, they might immediately file a motion to lift the automatic stay & grab the car before a hearing.

Do I include my exโ€™s income if I filed chapter 13 individually because my spouse asked for a divorce and is now living elsewhere?

Answered 9 years and 4 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
No.
No.

Do we have to get a legal divorce if we are common law partners and is now filing for bankruptcy?

Answered 9 years and 4 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
A common law marriage must be terminated by a divorce or dissolution just like any other marriage.
A common law marriage must be terminated by a divorce or dissolution just like any other marriage.

Is there a way for me not to have to pay all her debt after she passes?

Answered 9 years and 5 months ago by attorney Mr. Rex K. Daines   |   1 Answer   |  Legal Topics: Bankruptcy
Why would you think you are liable for her debts? That is partially true depending on the type of debt but every situation is different. There are also considerations regarding what type of assets will have to go through probate. If the debt is large enough that it is giving you concern, it is worth paying an attorney to review your particular situation and advise you.... Read More
Why would you think you are liable for her debts? That is partially true depending on the type of debt but every situation is different. There are... Read More

Does a paper loan from parents signed on paper no notary have to be paid back after a divorce and is it a legal contract loan?

Answered 9 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Probably yes. Any lawyer worth their salt would have to review everything to give you a definitive answer.
Probably yes. Any lawyer worth their salt would have to review everything to give you a definitive answer.