Blogs

Celsius Bankruptcy Claw Back Adversary Proceedings in SDNY Bankruptcy Court 
Celsius Network LLC, the crypto company, filed for Chapter 11 bankruptcy. Pursuant to their confirmed Chapter 11 plan, they have commenced 2,000 adversary proceedings in the Southern District of New York, seeking to claw back monies withdrawn by Celsius customers 90 days prior to the bankruptcy filing or from April 14, 2022, through July 13, 2022 (the “Preference Period”).The 2,000 lawsuits are being brought by ASK LP (Debtor’s preference litigation counsel)Jim Shenwick, Esq. has defended over 100 adversary proceedings for various causes of action, including preferences and fraudulent conveyances. He is familiar with cryptocurrency and has a working relationship with ASK LP.Jim Shenwick was recently retained by a client to defend against a Celsius lawsuit seeking to claw back over $200,000 withdrawn from Celsius prior to the bankruptcy filing. We have commenced settlement negotiations and are optimistic about a very favorable settlement for the client.We have also been approached by another former Celsius customer who was sued in a clawback action.Clients who have been sued or have questions about the clawback lawsuits are advised to contact Jim Shenwick as soon as possible to discuss their options or to seek representation in these cases.Jim Shenwick can be reached at 917 -363-3391 or at [email protected] Please click the link to schedule a telephone call with me. https://calendly.com/james-shenwick/15min

 

After Dismissal of Bankruptcy Case, Here’s What’s Next for Giuliani? Without the protection of Chapter 11, the former mayor and Trump lawyer could have his assets seized and sold by creditors. See the article in the New York Times. The article can be found at https://www.nytimes.com/2024/07/13/us/politics/rudy-giuliani-bankruptcy-case.html?smid=nytcore-android-shareWhen Mayor Giuliani filed for Chapter 11 bankruptcy, he received the benefit of Section 362 of the Bankruptcy Code, which provides an automatic stay against lawsuits and enforcement of judgments so the debtor can reorganize. With the dismissal of the bankruptcy case, Mayor Giuliani loses the protection of the automatic stay, and his assets can be liened or levied by creditors. Individuals with questions about the automatic stay or personal bankruptcy should contact Jim Shenwick, Esq.
Jim Shenwick, Esq  917 363 3391  [email protected] Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe help individuals & businesses with too much debt!

 
Time Out for Debt! Understanding Oregon’s Credit Card Debt Limits
Understanding the legal boundaries of debt collection is crucial for anyone dealing with unpaid credit card debt. The Oregon debt statute of limitations sets a timeframe for creditors to sue for repayment, after which they lose the legal right to collect. This knowledge can greatly influence how you handle and respond to older debts.
The statute of limitations on credit card debt in Oregon serves as a vital protection for consumers, preventing indefinite debt collection efforts. However, many are unaware of how these laws work or when they come into effect. In this article, we’ll explore the specifics of the statute of limitations on credit card debt in Oregon, offering insights into its legal implications and practical effects for both debtors and creditors.
Quick Summary:

• Oregon law, detailed under ORS §12.080, sets a six-year time limit for initiating legal actions on most debts, including credit card debt. This means creditors must file lawsuits within six years from the date of the last payment or acknowledgment of the debt. Once this period lapses, creditors lose the legal right to sue for repayment, offering consumers protection from indefinite debt collection efforts.
• Debtors in Oregon benefit from legal safeguards against unfair debt collection practices outlined in the Fair Debt Collection Practices Act. Debt collectors must adhere to rules such as identifying themselves, providing accurate debt information, and respecting specified calling hours. Consumers also have rights to dispute debts and request validation from collectors within 30 days of initial contact.
• If contacted about an old debt in Oregon, consumers can request written validation from debt collectors before engaging further. If the debt is past the statute of limitations, individuals can legally refuse payment and instruct collectors to cease contact, except for legal action purposes. Consulting with a bankruptcy lawyer can provide insights into available options, including debt negotiation and potential bankruptcy filings to achieve financial relief.

The Statute of Limitations on Debt in Oregon
Oregon law, under ORS §12.080, sets a time limit for starting legal actions on different kinds of debts and damages. For most contracts or debts, whether they’re written or spoken agreements, you have up to six years to start a lawsuit. This means if someone owes you money and you want to take them to court to get it back, you need to do it within six years from when they first owed you the money. There are some exceptions for specific types of cases, like injuries or property issues, which have different time limits.

• Injury to Person: You have two years to take legal action if you’ve been hurt (ORS §12.110). 
• Libel/Slander: You can take legal action within two years if someone spreads lies about you (ORS §12.110).
• Fraud: You have two years from finding out about it to take legal action against someone who tricked you (ORS §12.110).
• Injury to Personal Property: You have six years to take legal action if someone damages your things (ORS §12.080).
• Professional Malpractice: For mistakes like medical errors, you have two years from when you found out about it, or a maximum of five years (ORS §12.110(4)).
• Trespass: You have six years to take legal action if someone trespasses on your property (ORS §12.080(3)).
• Collection of Rents: You have one year to take legal action to collect unpaid rent (ORS §12.125).
• Contracts: For agreements in writing or spoken, you have six years to take legal action (ORS §12.080).
• Collection of Debt on Account: You have six years to take legal action to collect debts owed to you (ORS §12.080(2)).
• Court Judgments: You have ten years to take legal action to collect money decided by a court (ORS §12.070).

Can I Be Chased for Debt After 6 Years?
In Oregon, once six years pass, debt collectors can’t take legal action to get the money from you. You can tell them the statute of limitations has passed, and they usually won’t contact you anymore.
Adding Insult To Injury
The new law in Oregon will affect many people there, but it also has wider implications. Creditors from other states, who usually have only three years to sue, can now sue people in Oregon because of this new law.
Credit Card Companies Avoid Lawsuits 
Some credit card companies avoid lawsuits because they’re expensive. Instead, they may sell debts to collection agencies or settle for less money than they could get in court.
If a credit card company does sue you (which some always do), you could end up owing not just the debt but also extra money for interest, penalties, and legal fees. Depending on the state, they might take money directly from your paycheck or bank account to pay off what you owe.
Debt Collection FAQS
Below are some of the frequently asked questions regarding debt collection practices in the state of Oregon. Understanding these answers can provide clarity on how debt collection laws apply and how to navigate them effectively.
How Can Debt Collectors Contact Me?
Debt collectors can contact you through various means, including phone calls, messages on social media platforms, and letters, emails, or texts, to request payment for debts owed. It’s important to know your rights regarding these communications under the Fair Debt Collection Practices Act (FDCPA).
What Do Debt Collectors Have to Tell Me About the Debt?
When they first contact you, or within five days after, debt collectors have to give you important details about the debt:

• Their name and address
• The name of the company you owe money to
• How much you owe, including interest, fees, and payments
• What to do if you think the debt is wrong
• Your rights about the debt, like asking for more info about who you owe within 30 days

What if I Don’t Think I Owe the Debt?
After you get the details about the debt, if you still don’t recognize it or think it’s not yours, you can send a letter to the debt collector. In the letter, say you don’t owe some or all of the money and ask them to prove it.
You need to send this letter within 30 days. Once the collection company gets your letter, they have to stop asking you for money until they send you proof of the debt, like a bill showing how much you owe. It’s a good idea to send your letter by verified mail and ask for a receipt to prove they got it. Keep a copy of the letter for yourself.
If you don’t say anything within 30 days after getting the debt details, the collector will think you agree that you owe the money.
What Should I Do If Contacted About an Old Debt?
If a debt collector calls about an old debt, you don’t have to pay right away. First, ask for a written notice from them—it’s your right under the law. This helps you avoid scams.

• Don’t talk too much during the call to avoid saying something that could hurt your case.
• Next, ask them to prove you owe the debt within 30 days of getting their letter. Send a verified letter to them to ask for this proof.
• While you wait, talk to a bankruptcy lawyer who knows Oregon’s laws. They might offer a free meeting to check if the debt is too old to collect.
• Once you confirm the debt is past Oregon’s time limit, you have options:
  • Tell the collector to stop calling you. They can only contact you if they’re ready to sue.
  • Talk to a lawyer about possible legal action under the Fair Debt Collection Practices Act.

Don’t Let Credit Card Debt Drag You Down: Explore Your Options Under Oregon’s Debt Statute of Limitations
Throughout this article, we’ve explored the intricacies of the Oregon debt statute of limitations as it applies to credit card debt. You now understand that while the statute limits a creditor’s ability to sue you after six years from your last payment, the debt itself can linger and negatively impact your credit score.
At Northwest Debt Relief Law Firm, we understand the financial and emotional stress it can cause. Our Portland bankruptcy attorneys have extensive experience navigating the complexities of Oregon’s debt collection laws, including the statute of limitations. 
We can help you understand your rights and find the best ways to manage your credit card debt. Our legal team can negotiate with creditors to potentially lower your debt, set up good repayment plans, and guide you through bankruptcy options if needed.
Don’t wait any longer. Take control of your financial future! Contact Northwest Debt Relief Law Firm today for a free debt solution consultation. We understand that debt can come in many forms. Let us help you find the path to financial freedom by providing you legal services in Chapter 7 and Chapter 13 bankruptcy.

Virginia Mortgage Relief HAF Program Runs Out of Money
Virginia Mortgage Relief HAF Program was financed by the American Rescue Plan
My friend Carrie stopped the foreclosure scheduled for today, June 26, 2024, with a grant from the Virginia Mortgage Relief, Homeowner Assistance Fund. She will be one of the last people helped; the program stopped taking Applications as of May 3, 2024, and will be completely out of money in the next few days.
Altogether, I know about a dozen Virginians who were helped by the HAF program.  The Biden administration sent $258 million to Virginia to help people who fell behind on their house payments due to COVID-19
HAF was funded by the American Rescue Plan Act, signed by President Joe Biden in March 11, 2021, passed in Congress over the unanimous opposition of Republicans.  
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