Oregon Bankruptcy Legal Questions

In bankruptcy, your private student loans are subject to the same criteria for discharge as government student loans. Assuming you are eligible to file bankruptcy, you can file, but the student loan debt is unlikely to be eliminated unless you file suit and meet the standards of the Brunner test. Not sure why you think your student loans will soon be eligible for a charge off, or why that would be important. Charge off does not mean that the debt is not legal owed like the statute of limitations having expired on collection.... Read More

Student loans are typically not dischargeable in a bankruptcy unless you can prove an undue hardship. You should do a little research online to see what kind of hardship you need to prove. You can educate yourself in about an hour. Also Google the John D. Ford student loan repayment program, and see if there are any options here for you. Good luck!... Read More

This question cannot be answered with any degree of certainty based on the information you've given. Whether you can file a bankruptcy now depends on what chapter of the bankruptcy code you filed under previously, and when. If, for instance, you filed under chapter 13 of the bankruptcy code more than six years ago, you can file under chapter 7 and receive a discharge. On the other hand, if you filed under chapter 7 seven years ago, you cannot file another case under chapter 7 right now. However, you could file a case under chapter 13 and still receive a discharge. So whether you can receive a discharge in a bankruptcy depends on what chapter you file under now, what chapter you filed under previously, and when you last filed bankruptcy. The actual timing requirements can be quite complicated depending on your situation. You should consult an attorney.... Read More

The answer to this questions is buried in the language of 11 USC 523 (a)(2)(C). Briefly summarized, there is a presumption that a purchase within 90 days before filing bankruptcy is not eligible to be discharged, if the purchase was for luxury goods or services and was for more than $500. Otherwise, the creditor must prove that you making this debt was with a deliberate intention to not pay, and this kind of proof is difficult.... Read More

I am not able to read the Trustee's mind, but this time of year, the most common asset not protected by an available exemption would be the upcoming income tax refund check. The Trustee is not obligated to inform you of what asset she intends to seize, especially if this is an asset you somehow forgot to disclose on your schedules.... Read More