Private Student Loan Debts and Bankruptcy in Oregon and Washington

September 7, 2010

There is a great deal of confusion regarding the dischargeability of private student loan debts in bankruptcy. This confusion arises largely because the treatment of private student loans has changed over the course of the last decade. Prior to October 17, 2005, if the program under which a student loan was issued, insured, administered was [...]

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Refiling a Chapter 7 Bankruptcy Case in Oregon or Washington After a Failed Means Test

September 6, 2010

In both Oregon and Washington, there are normally penalties for filing subsequent bankruptcy cases within one year after a prior case has been dismissed. The main penalty is that the automatic stay, which bars creditors from initiating or continuing any action against the debtor, ends exactly 30 days after the petition is filed. In the [...]

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Where in Salem is My Bankruptcy Hearing Held?

August 30, 2010

Due to the installation of a new HVAC system in the Marion County Courthouse. The location for Chapter 7 and Chapter 13 Meetings of the Creditors will now be conducted at the following location: Red Lion Hotel Willamette Room, 2nd Floor 3301 Market Street NE Salem, OR 97301 Parking is bountiful and free. Meetings of the [...]

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Guns and Bankruptcy in the State of Washington

July 31, 2010

Gunowners in the state of Washington may soon be able to breathe a heavy sigh of relief as the House of Representatives has just passed H.R. 5827. This legislation will allow gunowners in states which permit the federal exemptions (Washington but not Oregon) to exempt up to $3,000.00 worth of firearms. A comparable version is [...]

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Can I Eliminate My Tax Debt In a Chapter 7 Bankruptcy?

July 25, 2010

In both Oregon and Washington, you can get rid of any tax debt in a chapter 7 bankruptcy provided that all of the following conditions are fulfilled: 1. The tax debt is not owed due to wilfull evasion or fraud. If you filed a fraudulent tax return or otherwise willfully attempted to evade paying taxes, [...]

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Describe My Portland Chapter 13 Meeting of the Creditors

July 24, 2010

In Portland, at the meeting of creditors, you will first hand over your proof of social security number and your photo identification to the trustee who will briefly swear you in, asking for your name and address for the record. You will then sit down at a table with your attorney seated to your left [...]

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If I File Bankruptcy in Oregon or Washington Will I Have to Go to Court?

July 20, 2010

Very rarely will any bankruptcy filer have to attend any court hearings. Normally, the only personal appearance, you will have to make is attending a “Meeting of Creditors.” The meeting of the creditors is really a short meeting with a bankruptcy trustee and no judge is present. While the meeting is important, it is somewhat [...]

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Can I Lose My Job or Not Get One Because of Bankruptcy?

July 18, 2010

The Bankruptcy Code, at 11 U.S.C. § 525(b) clearly and in no uncertain terms states, “No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with [...]

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Sued and My Bankruptcy Has Not Been Filed Yet

July 16, 2010

Once you file for bankruptcy protection, the bankruptcy laws bar creditors from taking any further attempts to collect from you. This means that even if you have been sued, the creditor cannot seek a judgment or make you participate in that lawsuit without getting permission from the bankruptcy court. If, on the other hand, you [...]

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