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AP News reports that every year, only a fraction of Americans that need financial help file for bankruptcy. 14% of U.S households need financial help but only 1% of them file for bankruptcy. Many wonder why these households are not getting the financial help they need. Bankruptcy attorneys have a simple explanation: bankruptcy is a taboo subject. The fear of bankruptcy, the lack of education about bankruptcy, and the fact that many individuals think that this is the start of a difficult time and not an end to one, are all reasons why people disregard the idea of bankruptcy when dealing with financial troubles.
From The Article:
“Too often, people drain retirement funds or other assets that would be protected in bankruptcy to pay debts that will ultimately be erased, she says. Putting off bankruptcy also can make it harder to come up with the $1,500 needed to file a typical case.”
Bankruptcy attorneys want Americans to know that bankruptcy is not the end of your freedom. It’s an opportunity for people to start over.
Information about bankruptcy that everyone should know:
- You won’t lose everything
- You can get credit again
- Those who have a successful bankruptcy don’t wait until the last second
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Reuters reports that the previous billionaire owners of Brooks Brothers are being sued for driving Brooks Brothers into the ground rather than selling it in order to avoid paying millions of dollars to one of their investors.
The investor, Tal Apparel, claims Claudio Del Vecchio and his son Mateo pressured Tal Apparel to invest $100 million and that Tal would be made whole if they later sold Brooks Brothers for less than $652 million.
Tal Apparel also states that Del Vecchio lined up several bids for Brooks Brothers but did not pursue any of them because then they would have to owe Tal Apparel money. Instead, Del Vecchio filed Chapter 11 bankruptcy making Tal’s investment worthless.
In this lawsuit, Tal Apparel is asking for $100 million in damages. According to Forbes, the Del Vecchio family is worth $27.9 billion.
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The 8th Circuit Bankruptcy Appellate Court (BAP) has issued a new opinion baring excessive attorney fees involved in the use of bifurcated fee arrangements in Chapter 7 cases. See In re Allen, No 20-6023.
The United States Trustee, the agency that polices bankruptcy cases, objected tot he excessive attorney fees charged by William Riding in two chapter 7 cases filed in Missouri.
The attorney offered his clients two payment arrangements:
- $1,500 for a traditional chapter 7 case where all fees are paid before the case is filed.
- $2,000 fee payable in 12 monthly installments after the case was filed.
Both debtors chose second option to pay fees after the case was filed.
BANKRUPTCY LOANS: FRESH START FUNDING LLC.
In both cases the attorney used a company called Fresh Start Funding LLC to finance the case. Under the Fresh Start program the attorney was paid $1,500 for each case and he sold his unpaid receivable to Fresh Start to collect from the debtor in monthly payments. Fresh Start would earn $500 for financing each case over 12 months.
Essentially, the debtor is taking out a $1,500 loan with an effective interest rate of 57%.
REASONABLENES OF ATTORNEY FEES
The bankruptcy court found that both chapter 7 cases were relatively simple and routine. No complex issues were involved and both debtors received a discharge of their debts.
Since the attorney performed the exact same duties in these bifurcated fee arrangement cases as are performed in a traditional pay-upfront case, the court deemed the extra $500 charge excessive. The Bankruptcy Appellate Panel agreed and denied the extra $500 finance charge but allowed the attorney to be paid the standard $1,500 fee.
THE GLARING FRAUD NOT ADDRESSED BY THE COURT: THE AUTOMATIC STAY VIOLATION
What completely amazes me about this opinion is why the court did not address the obvious fraud this fee arrangement involved:
On May 21, 2020, Mr. Ridings filed a chapter 7 petition and creditor matrix on behalf of Mr. Allen. The schedules, statement of financial affairs, and disclosure of attorney’s fees were filed forty-four minutes later. Mr. Allen received his discharge September 23, 2020.
Forty-four minutes later!! The Schedules, Statement of Financial Affairs, and the Means Test were filed forty-four minutes later??
What this means is that all of these forms were actually prepared BEFORE the case was filed. This fee arrangement in the Allen case was clearly a fraud.
The entire concept of a bifurcated fee arrangement is that this work is prepared AFTER the case is filed. That is why attorneys, in theory, are allowed to be paid after the bankruptcy is filed. Attorneys are allowed to collect post-petition payments because the bulk of the legal work is supposedly performed after the case is filed. But in this case ALL the work was obviously prepared before the case is filed since it was filed only 44 minutes later.
Why should this attorney be allowed to collect a dime for services that were clearly prepared pre-petition?
Why did the 8th BAP not discuss this obvious fraud and automatic stay violation? Why should this attorney be allowed to collect a dime for services that were clearly prepared pre-petition? How is this not a violation of the bankruptcy stay that prohibits the collection of payments for services rendered pre-petition?
MESSAGE TO FRESH START FUNDING: YOU WILL NOT BE PAID, GO AWAY
The message to Fresh Start Funding and other bankruptcy fee lenders is clear: You will not be paid in the 8th Circuit (which includes Nebraska, Iowa, Missouri, South Dakota, North Dakota, Minnesota, Arkansas and Oklahoma bankruptcy courts.)
In these cases the debtor got what they needed–an affordable payment plan to file bankruptcy. The debtor’s attorney got paid $1,500 which is his standard fee. But Fresh Start Funding will not be allowed to collect the $500 financing fee. In other words, get lost, you won’t be paid in the 8th Circuit.
A case is pending in the Nebraska bankruptcy court on this exact issue, and it is now abundantly clear how the Court will rule.
Image courtesy of Flickr and Rachel Kramer Bussel
The Hollywood Reporter reports that just months after having to close two beloved locations, the Alamo Drafthouse has emerged from Chapter 11 bankruptcy and will be opening 5 new theaters within the next two years!
Back in March 2021, the Alamo Drafthouse had to file for bankruptcy. Just three months later, the chain now has plans to open several new theaters in Manhattan, Staten Island, D.C., Arlington, and St Louis.
From The Article:
“’We’re so thrilled to be reopening theaters across the country and welcoming back audiences for an unparalleled moviegoing experience with films we’ve been eagerly awaiting for over a year now,’ Alamo Drafthouse CEO Shelli Taylor said in a statement.”
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What Debts can a debtor discharge in Chapter 7 bankruptcy filing? A recent article in the American Bar Association Journal discussed a disbarred attorney who attempted to file chapter 7 bankruptcy to discharge the debts he owed to the State Bar Association for restitution to clients. The article and the decision can be found at https://www.abajournal.com/news/article/disbarred-lawyer-cant-discharge-debt-he-owes-state-for-reimbursing-his-ex-clients-bankruptcy-judge-says?utm_source=maestro&utm_medium=email&utm_campaign=weekly_emailIn that case, the Bankruptcy Judge held that the disbarred lawyer's restitution obligations were fines, penalties, or forfeitures payable to and for the benefit of a government unit and non dischargeable under section § 523(a)(7) of the Bankruptcy Code.
What debts are dischargeable in chapter 7 bankruptcy? Clients and attorneys representing debtors often ask us this question.As many readers know Bankruptcy is a code-oriented area of the law and the sections pertaining to a debtor's discharge are 523 and 727 of the Bankruptcy Code. Similarly to the analysis in the disbarred attorney case discussed above, an experienced bankruptcy attorney needs to understand the facts regarding a debt and how that debt would be characterized or treated under Section 523 and 727 of the Bankruptcy Code.What types of debts are generally dischargeable?Business and consumer loans, guaranties and good guy guaranties, credit card debt, medical bills, store purchases, phone bills, mortgage debt and car loans (providing that the debtor surrenders the collateral securing those loans)
What debts generally are non dischargeable?Recent taxes, trust fund taxes such as sales tax, alimony or child support, fines or penalties owed to a government agency, injury caused from drunk driving or driving while under the influence of drugs
Anyone with questions about which debts are dischargeable in chapter 7 bankruptcy should contact Jim Shenwick 212 541 6224 [email protected]
Bankruptcies are legal proceedings where the insolvent debtor is given financial freedom through a bankruptcy discharge, thereby granting the debtor a fresh start. In Oregon, declaring bankruptcy gives an automatic stay or bankruptcy protection so that the debtor is prevented from experiencing:
Bankruptcy petitions also enable you to have your debts wiped out. You can obtain discharge depending on the types of debt you incurred but most debts are dischargeable. The common debts that can be eliminated are:
However, secured debts such as those with mortgages and other collateral are within the creditors’ rights hence, the debts can be discharged but the property will belong to the lenders.
Types of Bankruptcy
Under the Bankruptcy Code, there are multiple chapters that a debtor experiencing insolvency can avail. The most common chapter used in bankruptcy proceedings in Chapter 7 and Chapter 13 Bankruptcy. The bankruptcy chapters can be quite similar but ultimately, they are different.
Oregon Chapter 7 Bankruptcy vs Chapter 13 Bankruptcy
Bankruptcy Chapter 7
Bankruptcy Chapter 13
Bankruptcy Type
Liquidation
Reorganization
Eligibility
Any person including businesses and corporations
Any person including sole proprietors of businesses
Restrictions
Must pass the Means Test and Credit Counseling. The debtor’s disposable income must be below the median income required by the State of Oregon
Does not require you to pass the Means Test but the amount of secured and unsecured debts that the debtor has must not exceed the amount limited by the State of Oregon
Time to Wipe Out Debts
Takes about 3 to 4 months upon the bankruptcy petition
Takes about 3 to 5 years, until the payment in the payment plan is completed
State of the Properties
The bankruptcy trustee in the bankruptcy will liquidate or sell the nonexempt assets of the debtor and then the proceeds will be used to pay off the creditors
The chapter 13 trustee will not sell the properties of the debtor but the debtor needs to pay the equivalent value of nonexempt property
Unsecured Debts
Unsecured debts are often discharged but the removal of unsecured liens of real properties through stripping of liens are not allowed
Once the requirements are met, removal of the unsecured lien of real properties through stripping of liens are not allowed
Secured Debts
Reduction of the principal loan is allowed but only on personal property
Once the requirements are met, the principal loan balance will be reduced on secured debts
Pros and Cons
The debtors quickly discharge their debts, being debt-free
The debtors will keep most of their properties to catch up on their missed monthly payments such as mortgages and car loans
The trustee in bankruptcy will sell all the nonexempt property and there is no way to avoid repossession or foreclosure of secured debts because chapter 7 does not makeup on missed payments
Portions of unsecured debts may have to be paid off and monthly payments to the United States trustee is to be made for up to 5 years
Talking with a Bankruptcy Attorney
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 Portland, 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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CNBC reports on the growing success of the first convenience store, 7-Eleven.
The 90-year-old convenience store launched its first Evolution store, a bigger and better version of the everyday convenience store. The Evolution store features a growler station with craft beer and a taco restaurant, along with the normal everyday items that convenience stores carry.
7-Eleven was created locally in Dallas, TX in 1927. Originally, 7-Eleven sold bricks of ice cubes. Johnny Jefferson Green came up with the idea to sell staples like milk, eggs, and cigarettes as well, thus creating the convenience store.
- In the 1950’s, 7-Eleven expanded to a few additional states and started selling fuel.
- In the 1960’s, 7-Eleven had 3500+ locations and created the world’s first coffee to go and the famous Slurpee drink.
- In the 1970’s, 7-Eleven introduced self-service gas pumps at some locations.
- In the 1980’s, 7-Eleven launched the 32-oz Big Gulp drink.
- But in the 1990’s, $5 billion in debt and an increase in competition led to 7-Eleven filing for bankruptcy.
After overcoming their bankruptcy, 7-Eleven was able to come back due to increased demand for convenience. Now, 7-Eleven is once again the biggest convenience store as their brand keeps evolving over the years, hence the brand new Evolution stores they have created.
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You Can’t Find a Cab. Uber Prices Are Soaring. Here’s Why.The number of drivers and for-hire cars on the streets plunged during the pandemic, frustrating those seeking rides as the city starts to recover.
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Less than half of the city’s 13,500 taxis are operating, with many drivers saying there is not enough demand to justify returning to work yet.Credit...Michael M. Santiago/Getty Images
By Winnie Hu, Patrick McGeehan and Sean PiccoliJune 15, 2021Updated 6:42 a.m. ETThe taxi line at La Guardia Airport had barely budged.There were no cabs in sight, and the grumbling was getting louder. People scanned the road for any glimpse of yellow. A dispatcher grimaced.Finally, a lone taxi rolled up for a waiting passenger. Then it was gone.“I haven’t seen it like this,” said Alex Hyken, 28, who lives in Brooklyn and had just returned from visiting relatives in St. Louis, only to find herself stuck behind 40 people who were also trying to get a taxi. Ten minutes later, she whirled off with her suitcase in search of an Uber or Lyft.When the pandemic shut down New York, it all but wiped out the city’s taxi industry, as commuters worked from home, tourists stayed home and businesses closed. Fleet owners reduced operations or suspended them altogether. Many drivers found other jobs, including driving trucks or making Amazon deliveries.Now, as the city starts to recover, buoyed by low virus rates and widespread vaccinations, yellow taxis are largely missing from many street corners and airport arrival areas.There are about 6,000 cabs on the road currently, according to industry analysts. That represents fewer than half of the total pool of 13,500 medallions, the city-issued permits required to operate a yellow taxi. Some 5,700 of those that are not working were taken out of service indefinitely by owners who put them into storage voluntarily and returned the license plates.The shortage is the latest setback for an industry that has struggled amid an influx of ride-hailing services and a spate of suicides among taxi owners and for-hire drivers. Even before the pandemic, some taxi owners faced financial ruin after being lured into taking on reckless loans to buy medallions at artificially inflated prices.In New York, Chicago, Las Vegas and other cities, demand for taxis and ride-hail cars has rebounded sharply from pandemic lows, outpacing the return of both drivers and cars. That has led to frustrating waits for riders, when taxis are even available.With drivers slow to return to work, the lack of for-hire cars has also pushed up the fares charged by ride-hailing apps like Uber that switch to so-called surge pricing when demand peaks.Many taxi owners are wary about how soon business will rebound. Demand is inconsistent and could be diluted if more cabs come rushing back to the streets, they said. The industry’s immediate future also depends on how soon workers return to their offices, and how soon tourists and business travelers come back to New York in big numbers.Editors’ PicksDon’t Play With Your Kids. Seriously.The Most Exciting Place to Eat in Los Angeles Is ChinatownYou May Not Want to Get Your Beauty Tips From TikTokContinue reading the main storyRichard Wissak, whose family operates 140 taxis, took his cars out of service last year as the coronavirus shut down the city. He later put the entire fleet into storage to save thousands of dollars in insurance, taxes and fees.“The city was in awful shape,” he said. “No airport work, no office work, and that’s the heartbeat of the yellow taxi industry.”
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Many drivers for Uber and other ride-hailing services have also been slow to return to work, contributing to an increase in fares. Credit...Amr Alfiky/The New York TimesMr. Wissak wants to get his taxis back on the road, but he worries that there is not enough business yet. “Why are we going to put our toe back in the water if we’re not going to be able to survive?” he said.Many owners of single medallions also received a temporary reprieve on their loan payments during the pandemic. Once they start working again, the payments may restart again too, without a guarantee that the owners can earn enough to afford them, said Bhairavi Desai, the executive director of the New York Taxi Workers Alliance.“They don’t want to go back to work before there’s substantial debt restructuring,” said Ms. Desai, whose group has started a fund to help taxi owners pay off their medallions in cash at lower prices.Another thing causing the shortage of available taxis is that some drivers who qualified for expanded unemployment benefits during the pandemic have not yet come back to work. Others have moved away or taken other jobs.Mohammad Hossain, 45, a driver from Queens, said that two of his friends — one who drove taxis, the other who drove for Uber — continue to collect unemployment, though “I’ve tried to tell them our business is a little bit better.”About 6,000 taxi drivers were working in April, according to Bruce Schaller, a transportation analyst. That was up from 2,200 in April 2020, at the pandemic’s height, but far below the 20,000 who were working in February, Mr. Schaller found.Many fleet owners have tried to attract more drivers by slashing leasing rates for taxis to make it easier for drivers to make money.The Taxi and Limousine Commission, which oversees the industry, is working closely with taxi operators to ensure there are enough taxis to meet demand and trying to help drivers by streamlining the regulatory process, said Allan Fromberg, a commission spokesman.The lack of drivers and cars has also affected ride-hailing services. About 54,000 worked for the services in New York in April, compared with 79,000 in February 2020, Mr. Schaller said. Across the United States, a ride with such a service costs as much as 40 percent more than it did a year ago, according to the research firm Rakuten Intelligence.Uber has dangled $250 million in bonuses and incentives to recruit more drivers around the county. In New York, the result has been more drivers and fewer rides at surge-pricing levels. “Drivers are returning to Uber in force to take advantage of higher earnings opportunities from our driver stimulus,” said Alix Anfang, an Uber spokeswoman.The shortage is a temporary problem that should be resolved as more drivers answer the demand for rides, Mr. Schaller said. But while the availability of cars may return to prepandemic levels, he added, Uber and Lyft fares may remain high, in part because customers are willing to pay them.“It’s like restaurants, it’s like Broadway, it takes a while to put things back in place,” said Mr. Schaller. “And things will go back differently than before.”Sunny Madra, who visited New York from California in late May, tweeted that an Uber from Midtown Manhattan to Kennedy International Airport had cost him $248, or nearly as much as his $262 plane ticket.“We all have this prepandemic muscle memory: You walk out, you hail an Uber and it’s reasonably priced,” Mr. Madra said in an interview. “A $200-plus Uber, you sort of say, ‘What happened here?’”Elizabeth Halem, 43, said she wanted to support taxi drivers by taking cabs but that even before the pandemic, she never saw them in her neighborhood, Greenpoint in Brooklyn.“Sighting a cab would be like sighting Bigfoot,” she said. “Cabs are sort of mythical beings here.”Instead, Ms. Halem ends up ordering cars using Lyft, which can cost nearly $50 for a ride, or almost twice what she paid before the pandemic.On a Thursday in Downtown Brooklyn this month, shoppers loaded with heavy bags waved down passing taxis. One woman, Lissette Carter, 41, said she was occasionally forced to settle for an Uber even if it cost more. “It’s painful, but you’ve got to get around when you don’t have a car, especially if you’ve got small children and it’s raining,’’ she said.The taxi shortage has led to long lines at La Guardia, where there is no direct link to the subway or commuter rail lines. Supply and demand can fluctuate, with taxis outnumbering passengers at times since there are still fewer air travelers than before the pandemic.“It’s almost impossible to survive,” said Stephen Benesoczky, 70, a taxi driver who waited close to an hour to pick up a fare. He spends nearly $200 a day to lease the taxi and cover his gas and expenses. If he makes $400 in fares, he said, “that’s a good day.”
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There were about 54,000 ride-hail drivers working in April, compared with 79,000 in February 2020, one transportation analyst found. Credit...Mark Abramson for The New York TimesThe Port Authority of New York and New Jersey, which runs La Guardia and Kennedy, has taken steps to try to bring in more cabs, including sending regular updates to drivers through the taxi network’s internal messaging system. The authority has also created Twitter feeds to post information about airport hold lots, where cabs wait to be dispatched to a terminal.At terminal curbs, airport workers have even urged people waiting for taxis to try ride-hailing services instead.“There clearly is a shortage of taxi drivers,” said Rick Cotton, the authority’s executive director. “Part of the coming back from the pandemic is the taxi drivers were decimated and they need to see that the passenger volume has come back to return to the roads.”Sergio Cabrera, 57, who has owned and driven taxis for more than 20 years, was already hurting financially before the pandemic, losing passengers to the ride-hail cars that, he said, officials allowed to flood New York’s streets.Mr. Cabrera said he had also been laid up for three months after getting sick with Covid-19. When he was able to return to driving, he said, he went hours without a passenger. He made grocery deliveries and took out a pandemic-related loan meant to help small businesses.Mr. Cabrera said he was picking up about 10 passengers a day now, half of what he did before the outbreak.“I’ve lost my motivation for this business,” he said. “I wish I didn’t have to drive. I wish I didn’t have this burden on my shoulders.”Winnie Hu is a reporter on the Metro desk, focusing on transportation and infrastructure stories. She has also covered education, politics in City Hall and Albany, and the Bronx and upstate New York since joining The Times in 1999. @WinnHuPatrick McGeehan writes about transportation and infrastructure for the Metro section. He has been a reporter for the Times since 1999 and has covered Wall Street, executive pay, transportation, the New York City economy and New Jersey. @NYTpatrick
Bankruptcy laws allow an individual to keep some of his personal property including clothes, cars, tools of the trade, and your bank account. If your properties are exempt, the trustee in bankruptcy will not be liquidating such property to pay off your creditors. Most exemptions will protect your property but only up to a limited amount. Meaning, if you have an expensive car outside the scope exempted by law, such a car will not be exempt. However, if your car is inexpensive and with the scope of the law, then your car may be granted a bankruptcy exemption.
The impact of a bankruptcy exemption filing in Oregon will depend on the types of bankruptcy you filed. For Chapter 7, the filing for bankruptcy exemption will determine what property are you going to keep. For Chapter 13, the exemption helps keep the payment plan have low monthly payments.
Common Bankruptcy Exemptions
The following are the most used bankruptcy exemptions in Oregon:
- Homestead Exemption including manufactured and floating homes of up to $40,000 for singles and $50,000 for married couples.
- Motor Vehicle Exemption with equity up to $3,000.
- Wildcard Exemption of any personal property up to $400.
- Personal Property such as:
o Furniture
o Household items
o Personal items
o Clothing
o Jewelry
o Books
o Musical instruments
o Domestic animals
o Guns
o Building materials
- Wages that are withheld for a state employee amounting up to $7,500 and a court order amount of disposable wages up to 75%
- Pensions
- Public Benefits including:
o Aid to the blind
o Workers’ compensation
o Assistance to medical bills
o Disaster relief
o General assistance
o Unemployment compensation
o Federal income tax credit
- Tools of Trade
- Child support and Alimony
- Insurances
Federal Bankruptcy Exemptions vs Oregon Exemptions
In Oregon, citizens are allowed to choose between federal bankruptcy exemptions or state exemptions. Residents are only allowed to choose one and cannot avail of the exemptions from both. The two have different lists of properties that you can exempt and you must check to see what list works best for you. Talk to a reliable bankruptcy attorney in Portland for more information.
What are the Effects of Filing Bankruptcy Exemptions for Chapter 7 Bankruptcy?
In Chapter 7 bankruptcies, trustees are appointed to liquidate or sell your properties and the proceeds will be used to pay your lenders. However, not all your properties are forfeited in this chapter so that you can have a fresh start such as buying a house after bankruptcy.
After completing the paperwork and passing the means test, you are now qualified for Chapter 7. You can now proceed in listing your properties and the exemptions you want to claim for them. If the property is fully covered by the exemption, you can keep such property. If not, the bankruptcy trustee will take charge and sell the properties to pay back the creditors. If the property is partially covered by the exemption or if it is a secured debt under a mortgage payment or collateral, it is the creditors’ rights to be paid first.
What are the Effects of Filing for Bankruptcy Exemptions for Chapter 13 Bankruptcy?
This option is a repayment chapter where the Chapter 13 trustee will not acquire the properties of the debtor. When your petition for exemptions is approved, you are still afforded bankruptcy protection from harassing creditors and other collection agencies. You will only need to repay the value of the nonexempt properties such as credit card debt. Your debt-repayment plan will be lower, allowing you to pay all your creditors and obtain debt relief.
How to File Bankruptcy Exemption in Portland?
If you are overwhelmed with debt and is considering bankruptcy, the bankruptcy code does not require you to have a bankruptcy lawyer but having the help of a bankruptcy attorney is greatly beneficial because the bankruptcy law can be very complex and small mistakes can lead to your petition for bankruptcy to be denied, wasting all the time, money, and effort you made. Here at Northwest Debt Relief Law Firm, we will help and guide you through our experienced Portland bankruptcy attorneys in all the bankruptcy matters not just before the bankruptcy filing, but also with the after services such as how to rebuild credit, bankruptcy pros and cons, and any other bankruptcy services you need to be out of debt. Call us now for a free legal consultation.
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The post What are Bankruptcy Exemptions in Portland? appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief Law Firm.
Bankruptcy laws allow an individual to keep some of his personal property including clothes, cars, tools of the trade, and your bank account. If your properties are exempt, the trustee in bankruptcy will not be liquidating such property to pay off your creditors. Most exemptions will protect your property but only up to a limited amount. Meaning, if you have an expensive car outside the scope exempted by law, such a car will not be exempt. However, if your car is inexpensive and with the scope of the law, then your car may be granted a bankruptcy exemption.
The impact of a bankruptcy exemption filing in Oregon will depend on the types of bankruptcy you filed. For Chapter 7, the filing for bankruptcy exemption will determine what property are you going to keep. For Chapter 13, the exemption helps keep the payment plan have low monthly payments.
Common Bankruptcy Exemptions
The following are the most used bankruptcy exemptions in Oregon:
- Homestead Exemption including manufactured and floating homes of up to $40,000 for singles and $50,000 for married couples.
- Motor Vehicle Exemption with equity up to $3,000.
- Wildcard Exemption of any personal property up to $400.
- Personal Property such as:
o Furniture
o Household items
o Personal items
o Clothing
o Jewelry
o Books
o Musical instruments
o Domestic animals
o Guns
o Building materials
- Wages that are withheld for a state employee amounting up to $7,500 and a court order amount of disposable wages up to 75%
- Pensions
- Public Benefits including:
o Aid to the blind
o Workers’ compensation
o Assistance to medical bills
o Disaster relief
o General assistance
o Unemployment compensation
o Federal income tax credit
- Tools of Trade
- Child support and Alimony
- Insurances
Federal Bankruptcy Exemptions vs Oregon Exemptions
In Oregon, citizens are allowed to choose between federal bankruptcy exemptions or state exemptions. Residents are only allowed to choose one and cannot avail of the exemptions from both. The two have different lists of properties that you can exempt and you must check to see what list works best for you. Talk to a reliable bankruptcy attorney in Portland for more information.
What are the Effects of Filing Bankruptcy Exemptions for Chapter 7 Bankruptcy?
In Chapter 7 bankruptcies, trustees are appointed to liquidate or sell your properties and the proceeds will be used to pay your lenders. However, not all your properties are forfeited in this chapter so that you can have a fresh start such as buying a house after bankruptcy.
After completing the paperwork and passing the means test, you are now qualified for Chapter 7. You can now proceed in listing your properties and the exemptions you want to claim for them. If the property is fully covered by the exemption, you can keep such property. If not, the bankruptcy trustee will take charge and sell the properties to pay back the creditors. If the property is partially covered by the exemption or if it is a secured debt under a mortgage payment or collateral, it is the creditors’ rights to be paid first.
What are the Effects of Filing for Bankruptcy Exemptions for Chapter 13 Bankruptcy?
This option is a repayment chapter where the Chapter 13 trustee will not acquire the properties of the debtor. When your petition for exemptions is approved, you are still afforded bankruptcy protection from harassing creditors and other collection agencies. You will only need to repay the value of the nonexempt properties such as credit card debt. Your debt-repayment plan will be lower, allowing you to pay all your creditors and obtain debt relief.
How to File Bankruptcy Exemption in Portland?
If you are overwhelmed with debt and is considering bankruptcy, the bankruptcy code does not require you to have a bankruptcy lawyer but having the help of a bankruptcy attorney is greatly beneficial because the bankruptcy law can be very complex and small mistakes can lead to your petition for bankruptcy to be denied, wasting all the time, money, and effort you made. Here at Northwest Debt Relief Law Firm, we will help and guide you through our experienced Portland bankruptcy attorneys in all the bankruptcy matters not just before the bankruptcy filing, but also with the after services such as how to rebuild credit, bankruptcy pros and cons, and any other bankruptcy services you need to be out of debt. Call us now for a free legal consultation.
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