Oregon Bankruptcy Legal Questions

Repayment of unemployment compensation that you received as a result of an error by the state or you in handling your unemployment claim is discharged in bankruptcy. However, if you received the unemployment compensation due to your fraud, it is not dischargeable. For example, if you were unemployed and applied for UC and your payment should have been $250 a week but the Bureau made an error so you were paid $300 a week - that's dischargeable. On the other hand, if you applied for UC but were working doing landscaping paid under the table and got caught - that is not dischargeable.... Read More

Although bankruptcy will not discharge debts relating to any criminal offense. it can discharge most of the other types of debt you describe. And in some some instances, the court will stop collecting on the criminal costs and forget to resume collection. What you really need to be considering is the total amount of these debts and the portion of the debts relating to the criminal costs. In some instances, it makes sense to propose repaying the criminal court costs in Chapter 13. This could make repayment manageable and even eliminate the portion you cannot pay after 5 years.... Read More

A debt for malicious prosecution is probably not dischargeable in bankruptcy. Bankruptcy is intended to give relief to the honest debtor who's debt problems stem from poor financial decisions, loss of income, emergency expenses, etc. not as a refuge for the scoundrel that intentionally injures his fellow then attempts to avoid the penalty. It's possible that the debt could be discharged because the bankruptcy definition of malicious is more stringent than most state's laws on malicious prosecution. But the vast majority of the time, if a state court judge found that your lawsuit had not legitimate grounds to hope for success, then the bankruptcy judge will also find that your lawsuit was for the purpose of injuring the defendant.... Read More

Bankruptcy will discharge any liability that the parent has for tuition debt to the university. The child will continue to be liable on this debt. Bankruptcy only discharges the debts of the bankrupt, cosigners liability is not affected. Note that tuition debt owed to a university is dischargeable but student loans are not dischargeable regardless of what purpose the money was used for.... Read More

It's not quite clear what you are looking for here. I presume you are trying to get him out of your house now, although you have a written lease agreement with him. If he is not paying what the agreement requires, then you can evict him and either move in yourself or lease it out to someone else. If he is paying and not otherwise breaching the agreement, you will have to wait until the lease term is up before getting rid of him. Read the agreement carefully for all your rights, duties, and remedies. The only way the lease agreement can affect your custody and visitation schedules, or child support, for that matter, is if someone files a motion or request for order in your family law case and is able to convince the judge that some change is needed. I'm not sure how the one should affect the other. If you need to evict the man, you can do it yourself or hire a lawyer who handles unlawful detainer cases. If you need help with the family law case, you should consult a specialist. Good luck.... Read More

If you filed chapter 13, you can't use the credit card - you should shred it and tell the bank to close your account. If you filed chapter 7, you will not have to pay the balance you owed on the card on the date you filed, but if you continue to use it, you'll have to pay all charges afterwards. Some banks let bankrupts keep a credit card because most bankrupts reform and the bank believes it will be a profitable account in the future.... Read More