2 weeks 1 day ago

Different events impact your credit score. If you default on an account or file for bankruptcy, you will see your credit score take a hit. However, that is where the similarities end. Defaulting occurs when you fall behind on a required payment, such as a car loan or mortgage. Bankruptcy is a legal process to […]
The post What’s the Difference Between Default and Bankruptcy in California? appeared first on The Bankruptcy Group, P.C..

2 weeks 2 days ago

After emerging from bankruptcy, you might want to begin putting your finances in order. One way homeowners reduce their monthly mortgage payments is by refinancing to take advantage of lower interest rates. While it is possible to refinance your mortgage after a bankruptcy discharge, there is a waiting period. Below, our Roseville bankruptcy attorney from […]
The post Can You Refinance a Mortgage After Bankruptcy in California? appeared first on The Bankruptcy Group, P.C..

2 weeks 2 days ago

Debt is a personal thing. The amount of debt that is manageable for one person is overwhelming for another. While there is no minimum amount of debt necessary to file for bankruptcy, there are other important factors to consider to determine if filing for bankruptcy is practical. Often, the best what to figure out whether […]
The post Is There a Minimum of Debt in Order to File for Bankruptcy? appeared first on The Bankruptcy Group, P.C..

1 week 5 days ago

Dischargeable debts are debts that you owe which the Bankruptcy Code allows to be wiped out or erased. When you file for bankruptcy, you are immediately granted bankruptcy protection even if your debts are not eliminated yet. Filing in Oregon gives you protection from:

What are Debts that are Dischargeable in Oregon?
Some debts are subject to a bankruptcy discharge, which means that these can be wiped out.  These are:

  • Attorney fees
  • Business debt
  • Charge accounts that revolve (exemptions are extended payment charges)
  • Claims for vehicular accidents
  • Court judgments (for civil cases)
  • Collection agency accounts
  • Consumer-credit
  • Credit card debt
  • Debts you owe for lease such as rent dues
  • Deficiency balance for repossession
  • Dishonored checks  (if not done in fraud)
  • Medical bills
  • Overpayments and assistance loans for veterans
  • Overpayments for Social Security
  • Personal loans or liabilities
  • Student loans relief if you experienced undue hardship
  • Tax penalties and other unpaid taxes
  • Unsecured debts
  • Utility bills

What Debts are Non-Dischargeable in Oregon?
Dischargeable DebtWhile there are certain kinds of debts that can be eliminated, there are different types of debts that are considered non-dischargeable such as:

  • Child and spousal support
  • Alimony
  • Tax debts that are fraudulent
  • Student loans

For debts that were acquired intentionally or through fraud, even if it is generally considered as dischargeable, due to the element of fraud or willful acts, such dischargeable debt would become non-dischargeable.
When Do I Need to File for my Debts to be Discharged?
In Oregon, timing is important when filing so that what you owe will be wiped. In case you filed for bankruptcy, all the debts included in such paperwork can be discharged upon the approval of bankruptcy court. However, if you did not include certain dischargeable debts in your petition, they will not be removed. Also, if you incurred debts after your bankruptcy petition, they will not be subject to discharge, and you will need to pay off what you owe your lender.
Can you Discharge Secured Debts?
Yes. Secured debt can be discharged in Oregon but the property used as security will go to your creditor. The reason being it is the creditors’ right to obtain ownership of your property until you can pay back what you owed. Furthermore, secured debts are debts where the debtor gives security or collateral for the loan acquired. The most common types of secured debts are mortgages and auto loans in which the item being financed becomes the collateral for the financing. Unsecured debts on the other hand are those that you can usually discharge for they do not have collateral or security.
How to File Bankruptcy in Oregon?
While filing for bankruptcy does not require one to have a bankruptcy attorney, working with a bankruptcy lawyer will greatly help you because bankruptcy law can be very complex. Small mistakes can lead to your petition for bankruptcy being denied, wasting all the time, money, and effort you put in. Here at Northwest Debt Relief Law Firm, our competent bankruptcy attorneys will walk alongside you in your journey to debt relief and a fresh start. Our Oregon bankruptcy lawyers will help you not just before a bankruptcy filing, but also after the discharge. Our lawyers can provide reliable legal advice on matters such as how to rebuild credit, buying a house after bankruptcy, and more. Call us now for a free legal consultation.
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The post What is a Dischargeable Debt in Oregon? appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief Law Firm.

3 weeks 3 days ago

Bankrupt individuals who are struggling financially aspire to pay off all types of debt to have a fresh start. Everyone wants to experience financial freedom and have a debt-free life. If you are unable to pay back your outstanding debts to creditors, you have the option to file bankruptcy as the last resort to solve debt problems. The bankruptcy filing allows you to pursue debt settlement and restructure your finances. It is a legal process that is designed to help a debtor eliminate a part or all of the total amount that they owe to their creditor.
There are different types of bankruptcy that you can choose from depending on your financial status. The most common types are Chapter 7 and Chapter 13 bankruptcy. You have to select the most appropriate bankruptcy chapter that will result in total debt repayment.
Bankruptcy rules differ from state to state. In Oregon, there are certain criteria that you need to meet before you can file for bankruptcy. Here are some of the requirements that you must prepare for the bankruptcy filing process:

  1. Bankruptcy Forms
  2. Credit Counseling and Debt Management Course
  3. Bankruptcy Exemptions
  4. Means Test
  5. Median Income in Oregon
  6. Standard Deduction Figures
  7. Oregon Bankruptcy Court

Bankruptcy Forms
Bankruptcy Filing in Oregon You may begin your bankruptcy filing by accomplishing the official online bankruptcy forms. You need to fill out the form with the complete details of your current financial situation. You need to declare all your assets, liabilities, monthly income, living expenses, bank account information, credit card debt, loan debt, and property transactions. You need to ensure that all information and figures in your paperwork are accurate before you submit it to the local bankruptcy court. A competent Oregon bankruptcy attorney can assist you in such filing.
Some bankruptcy courts require bankruptcy filers to accomplish additional “local forms.” You may contact the bankruptcy filing clerk to check if your court needs additional requirements and information. Some courts post these forms online on the court’s website.
Credit Counseling and Debt Management Course
Before qualifying for any bankruptcy chapter, you are required to complete credit counseling sessions from accredited credit counseling agencies within the grace period of 180 days before filing for bankruptcy. Furthermore, it is mandatory to take a debt management education course after bankruptcy or before receiving your bankruptcy discharge.
Bankruptcy Exemptions
The rules on bankruptcy exemptions vary from each state. These rules can help you determine the amount and type of property you are allowed to keep when you declare bankruptcy in Oregon. These exemptions play an important role in calculating the amount that you will repay to unsecured creditors under bankruptcy Chapter 13.
Means Test
When you file bankruptcy Chapter 7, you must pass the “means test”. In this test, your monthly income will be compared to the average or median income of typical household size in Oregon. If your monthly income is lower than the state’s median income, then you are qualified to file Chapter 7 bankruptcy.
On the other hand, if the income of your family is greater than the median income, you may still be qualified to pass the means test after you deduct the allowable living expenses. If you file Chapter 13 bankruptcy, you have the option to select a repayment plan for three years instead of five.
Median Income in Oregon
In Oregon, the single-person household median income is $42,877, while for a two-person household, the median income is $52,316. The value increases based on the size of your family and it must be updated regularly. It is advisable to consult a competent Oregon bankruptcy lawyer to know about the latest figures and requirements.
Standard Deduction Figures
Forms 22A and 22C specify the categories of allowable living expenses which include rent or mortgage (housing), healthcare, and food. Some categories like child care or child support, require you to make a list and subtract the exact amount that you need for spending. In other categories, you set a prearranged amount that will be used as a national standard based on your county of residency.
Oregon Bankruptcy Court
The bankruptcy courts in Oregon are located in Portland and Eugene. You can file your complete bankruptcy paperwork in the present location where you live for the past 180 days or the location where you were domiciled.
The Role of Bankruptcy Attorney
Filing for bankruptcy requires a lot of hard work and effort. It is a step-by-step process that will help you solve your financial problems. You need to focus on debt repayment and reorganization of your finances. It is crucial to understand the bankruptcy laws implemented in your state to avoid unnecessary errors and penalties in your bankruptcy filings. You have to ensure that all the personal and financial information is accurately declared. For legal help in your bankruptcy filing, do not hesitate to schedule a consultation with an experienced Oregon bankruptcy attorney at Northwest Debt Relief Law Firm. Our lawyers will guide you throughout the whole bankruptcy process from the beginning until the end.
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4 weeks 1 day ago

A cherub face hid a very mean personality.
Scott ForresterOn May 5, 2021, the State Bar of Arizona entered an immediate order of disbarment against Scott Michael Forrester.  This leaves more than 100 bankruptcy clients abandoned and out the money they paid Forrester. 
Hundreds of clients have, or should have, claims against him for bad advice, bad attitude, failure to perform his professional duties and so much more. 

There are multiple State Bar complaints, numerous pending law suits in Bankruptcy Court, plus so many clients who have been mentally abused by Scott Forrester’s. either intentional or unintentional, attitude during his short years in his bankruptcy practice.

Just one example of Scott Forrester’s bad conduct – Bankruptcy Court Hearing on December 1, 2020, Judge Wanslee sanctions Scott M. Forrester for his refusal to comply with court orders:
Judge finds that Scott M. Forrester “willfully violated orders of this court….”  “lack of attention and diligence as to the files he is handling…” “evidence that papers are being filed without review by the clients….which is a clear violation of the Code and Rules” “Mr. Forrester is ordered to disgorge fees…until proof of compliance”  “Court finds that Mr. Forrester has failed to follow the requirements of the Code and the Rules…”  “Mr. Forrester’s practice does not seem to be compliant … it is difficult to see any change or improvement”.  “Clients are not to pay Forrester directly, but must pay to the Registry of the Court.”
.fusion-button.button-1 .fusion-button-text, .fusion-button.button-1 i {color:#00260a;}.fusion-button.button-1 .fusion-button-icon-divider{border-color:#00260a;}.fusion-button.button-1:hover .fusion-button-text, .fusion-button.button-1:hover i,.fusion-button.button-1:focus .fusion-button-text, .fusion-button.button-1:focus i,.fusion-button.button-1:active .fusion-button-text, .fusion-button.button-1:active{color:#004713;}.fusion-button.button-1:hover .fusion-button-icon-divider, .fusion-button.button-1:hover .fusion-button-icon-divider, .fusion-button.button-1:active .fusion-button-icon-divider{border-color:#004713;}.fusion-button.button-1:hover, .fusion-button.button-1:focus, .fusion-button.button-1:active{border-color:#004713;border-width:2px;}.fusion-button.button-1 {border-color:#00260a;border-width:2px;border-radius:0px;}.fusion-button.button-1{background: rgba(255,255,255,0);}.fusion-button.button-1:hover,.button-1:focus,.fusion-button.button-1:active{background: rgba(255,255,255,0);}.fusion-button.button-1 .fusion-button-text {text-transform:uppercase;}READ MOREBankruptcy is not a quick fix.  You must understand the law and work with an attorney who knows their job and treats you with respect.Alert! Never hire a professional (plumber, doctor, lawyer or other) without doing your own investigation.  Talk to their prior clients or patients.  Look at their reviews, but understand that many reviews are fake.  Get advice from at least two professionals before making a decision who to hire.  Fire them immediately if there is any concern.MUSINGS BY DIANE Learn to trust yourself.  If your gut tells you “there is something wrong”, then don’t do it.  If your mind tells you “this is too good”, then don’t do it.  If your heart tells you “I don’t deserve this”, then talk to a close friend to see if you are underestimating yourself, or overestimating the other person. 
Never allow someone to be abusive, whether mental or physical.  If any human abuses another living thing, then that human is sick, not the living thing he/she abused.  Scott Forrester repeatedly yelled at his clients, calling them hurtful names and blaming them for things that were not their fault.  It took me two years of repeatedly bringing attention of his bad acts to the court, clients and the State Bar before he was finally disbarred.  The good news – they did something.  The bad news – think of all the damage done before I ever heard of Forrester, and all the damage done, and still being done, because the system is so slow to respond.  I recognize there is a reason for a bureaucracy to respond slowly, so as not to over-react to a one-time event.  But, what I observed in dealing with Forrester is that he became embolden by the court’s failure to respond quickly. As with any bully, the more you let him get away with his abuse, the more he comes to believe his actions are acceptable.

The first time I heard from his client about the problems, I reached out to Forrester to see if I could help him (I am part of a great consumer debtor mentoring group).  Several other good attorneys did the same.  The results?  Without exception, each of us were rebuked.  Forrester was positive we were trying to “poach” his clients, rather than trying to help him be a better attorney.  When someone has that attitude, then there is nothing you can do, except to make sure the officials know about this bad apple.  And do what you can to get rid of the bad actor.
Never tolerate bullies.  Stand up to them, make noise, report them to the authorities and don’t let up.  You owe it to your fellow humans.  Here is a great video on the topic of dealing with uncomfortable situations.  The speaker, Cindy Villanueva, is great and has some detailed tips “Get Comfortable with Punches“, plus Get Comfortable with Punches Cindy Villanueva 5-21.
– Diane L. Drain
The post Scott Michael Forrester Disbarred Arizona Bankruptcy Attorney – Effective 5/5/2021 appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.

4 weeks 1 day ago

If you have missed car payment or two, you are probably losing sleep each night, wondering what day you are going to wake up and find your car repossessed. Every day you find your vehicle untouched feels like a reprieve. One question you might have, is when can a lender repossess your vehicle? Typically, a […]
The post How Late Can Your Car Payment be Before it Gets Repossessed? appeared first on The Bankruptcy Group, P.C..

4 weeks 1 day ago

This article appeared in Inc. and can be found at:

As the Pandemic Recedes, Small Businesses Face a New Plague: Debt CollectorsCreditors may have held off collecting unpaid debts but rest assured, they'll want to get paid.

BY DIANA RANSOM@DIANARANSOM Debt CollectorsGetty ImagesThe worst of the pandemic may be over, but many small businesses are headed for a reckoning.As relief efforts like the Paycheck Protection Program (PPP) wind down, and state and federal protections such as eviction moratoriums begin to lapse, companies that may have been limping along or on the edge could soon topple.Or as Bob Keach, head of Bernsteinshur's business restructuring and insolvency practice, puts it: "Expect a total avalanche of bankruptcies soon."It sounds counterintuitive, but "filings tend to be at their highest during the early stage of the recovery," says Keach. A bankruptcy filing is effectively a court order that governs how an insolvent debtor, who can be a business owner or an individual, will deal with unpaid obligations.Why more businesses would elect to file now--in a recovery--all boils down to options: "Debtors want to file when they have options, and creditors cause filings when they have options," says Keach. In periods of stagnation--particularly at the bottom of an economic curve--not a lot happens because not a lot can happen, Keach explains. Lenders aren't being altruistic by allowing you to delay making payments; they want to get paid. (There's an industry term for it: extend and pretend.) But because their hands may have been tied during the pandemic by authorities or because they know it might be a PR boondoggle to force a company to liquidate during a crisis, they hold off, says Keach. Given time and an easing of conditions, they'll act.Debtors themselves might hold off filing for protection until a recovery because they will presumably have more credit sources. Waiting until the economy improves may give businesses some flexibility in restructuring or refinancing legacy debt, says Keach. Plus, should a restructuring involve an infusion of new capital, he adds, it would be an easier sell to lenders if your business has brightening prospects.Warning SignsEarly signs are pointing toward the surge that Keach predicts. Namely, the number of Subchapter V bankruptcy filings is rising. Subchapter V--so named for the section of the U.S. Bankruptcy Code in which it inhabits--marks a serendipitous bankruptcy reform for small businesses that became law in February, 2020, just ahead of the pandemic. Authorized by the Small Business Reorganization Act of 2019 (SBRA), Subchapter V makes reorganizing or liquidating less costly and less time intensive for small companies than filing for the traditional Chapter 11 reorg. The number of these filings increased by 55 percent in February, 59 percent in March, and 112 percent in April 2021, over the same months in 2020, respectively. Further, the Federal Reserve in its latest semi-annual Monetary Policy report, released in February, noted "business leverage now stands near historical highs." The central bank added that, as such, "insolvency risks at small and medium-sized firms, as well as at some large firms, remain considerable."Globally, business insolvencies--that is, companies reporting economic distress--are expected to grow 26 percent this year, with the annual tally hitting 9 percent in the U.S., according to a March forecast from Atradius, an Amsterdam-based credit insurer. That marks a significant increase from 2020, when insolvencies declined by 14 percent globally and fell 5 percent in the U.S.Behind the fallIn the last year, faced with unprecedented health and economic crises, millions of businesses applied for federal aid in the form of PPP loansEconomic Injury Disaster Loans, and Main Street Lending Program loans. They also sought out traditional Small Business Administration-backed loans that--thanks to the Economic Aid Act, which passed in December 2020--were sweetened to include a temporary cessation of fees and interest, and payment subsidies up to $9,000 through September 30 or as long as funds last. All told, the SBA has doled out more than $1 trillion in aid across its various programs since the onset of the pandemic, according to Bill Briggs, the former director of the SBA's office of capital access. He adds that the SBA has even more crisis-era lending authority, too.That's on top of the business owners' pre-pandemic debts, which may have grown during the outbreak. On average, home equity line of credit balances of small business owners jumped up 3.4 percent between February and May 2020, while those of overall individuals declined 0.6 percent over the period, according to an analysis of individual-level data from the New York Fed's Consumer Credit Panel and Equifax's commercial database. While some debts--like PPP loans that end up receiving forgiveness--won't need to be repaid, forgiveness itself remains a big open question for millions of borrowers. The SBA helped underwrite more than 10 million loans worth north of $780 billion since last April. It's likely that some of these loans won't get forgiven, says Melissa Peña, chair of the bankruptcy and creditors' rights group at Norris McLaughlin in Bridgewater, N.J. In that case, she adds, "to the extent that the PPP might not be forgiven, a company might need to discharge that debt."Plus, there's a clock on just about everything else. "Eventually people have to start paying that back," says Mike McGinley, executive vice president of small business banking at Live Oak Bank in Wilmington, N.C. Whether businesses will be able to stomach this repayment depends on how the economy responds, adds McGinley, who notes that an economic boom could go far in helping owners make good on debt payments. But that's not assured--particularly as the recovery has been uneven for many industries. "It's still a bit of a wait and see for small business," he says.Tough ChoicesPriscilla Luna of Today’s Business Solutions, pictured here with her mother Mely Jimenez, who co-founded the business with her husband Robert in 2003. inline imagePriscilla Luna of Today’s Business Solutions, pictured here with her mother Mely Jimenez, who co-founded the business with her husband Robert in 2003.COURTESY COMPANYBusiness owners like Priscilla Luna of Today's Business Solutions are already making major changes to accommodate new-found financial pressures. To pay down a $750,000 credit line she tapped during the depths of the crisis, Luna says she's selling her firm's building, which has served as both showroom and a storage facility for her company, an office supplies, furniture, and technology reseller based in Houston. The initial payment? A sizable $200,000. "That location gave us more credibility with customers who visited us," says Luna. "It's going to be a hard change, but we have to do what we have to do."The credit line, Luna says, was a lifeline in 2020. Whereas Today's Business Solutions booked $30 million in 2019, the company was off by more than a third in 2020. Despite getting a PPP loan in the first round, Luna says she still had to draw on the credit line to pay for everything from health insurance to employees' salaries. Meanwhile, she had to let go of six staffers, including members of her own family. "It was probably the worst day I've ever had," she says.Some founders are lucky enough to be able to use grant money to retire their pandemic-related debts. Sara Dima, the co-founder of R&D Foods, a prepared foods and specialty grocer in Brooklyn, N.Y., says she's using her Restaurant Revitalization Fund grant to pay vendors, whom she put off last year when her company's revenue tanked. And some of what's left, which she declined to disclose to Inc., will go to retire another small loan which she says has a high interest rate."I also might pay us, as owners, a bit more," says Dima. "There were weeks last year where we barely took a salary so that we could meet payroll, pay vendors, pay rent etc."If you're struggling with debt payments, there are out-of-court measures including negotiating directly with vendors and lenders, which Peña says remains a possibility these days. "I am seeing negotiations and forbearance agreements," she says. For others, reorganizing formally may be in order--though Peña points out that it should take place only after you've exhausted other options. "Usually we see it as a last resort," she says. "It is costly and it takes a lot of time and takes time away from management and time away from doing business."If you must, however, at least Subchapter V bankruptcy protection, under SBRA, offers to ease the pain. "The Reorganization Act is bankruptcy lite," says Nick Oberheiden, a federal defense attorney in Dallas. "It's much faster and you get the same protections" as a traditional commercial bankruptcy proceeding, without a lot of the drawbacks.

1 month 19 hours ago

Radar reports that bankruptcy trustees are now turning their attention towards Girardi’s estranged wife, Erika Jayne. “The Real Housewives Of Beverly Hills” reality star is being pursued because of allegations that she may have fraudulently received millions of dollars from Girardi.
From The Article:

“At the moment, Erika’s ex Thomas Girardi, a once-respected lawyer, is dealing with an involuntary bankruptcy. His creditors forced him into the case after he failed to pay his bills. A trustee was put in place to take control of Girardi’s finances….It was revealed Girardi has $74 million in assets and $56 million in liabilities. In 2019, Erika’s estranged husband’s life started to fall apart. It seemed every other month a new lawsuit was filed against him over an alleged debt. “

Jayne denies these allegations and claims that everything that she has from her ex was gifted to her.
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