Articles from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa

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Wells Fargo to Pay for Wrongs to Homeowners in Bankruptcy

Submitted by Anonymous (not verified) on Sat, 11/07/2015 - 17:29

Good news for current and former Oregon and Washington Chapter 13 Bankruptcy filers who saw their mortgage payments rise with little or no notice during the pendency of their Chapter 13 Bankruptcy cases. The U.S. Trustee Program has now entered into a national settlement agreement with Wells Fargo Bank which will require the lender to pay out nearly 82 million dollars for repeatedly failing to provide homeowners in bankruptcy with legally required notices. These failures worked to deny homeowners in bankruptcy with the chance to challenge the veracity of mortgage payment increases.

Practical Improvement to Automatic Stay for Oregon and Washington Debtors

Submitted by Anonymous (not verified) on Sat, 10/24/2015 - 22:31

The Ninth Circuit  has now held that a debtor who sues for damages with respect to a violation of the automatic stay may recover the reasonable fees it incurs prosecuting the action, even after the stay violation is cured.

Bankruptcy Phone Scammers!

Submitted by Anonymous (not verified) on Tue, 10/20/2015 - 21:05

A sophisticated phone scam has been used to target bankruptcy filers in several states. The scammers are  using personal information from filings and posing as attorneys to get intended victims to wire funds to satisfy their debts.

The Bankruptcy Abuse Prevention and Consumer Protection Act is Ten Years Old!

Submitted by Anonymous (not verified) on Sun, 10/18/2015 - 05:47

The Bankruptcy Abuse Prevention and Consumer Protection Act turned 10 years old today. I guess I should say thanks. After all, the same relief that was available before the Act’s passage remains available today, but the level of complexity of the bankruptcy laws has expanded exponentially and the number of procedural niceties that must be met in order to obtain relief has likewise increased tenfold.

Changes to Bankruptcy Forms and Schedules in December 2015

Submitted by Anonymous (not verified) on Sat, 10/03/2015 - 18:17

Commencing December 1, 2015, nearly all of the Official Bankruptcy Forms will be replaced with substantially revised, reformatted and renumbered versions. Having reviewed these forms thoroughly, I can only say that these changes will likely substantially increase both the cost and effort involved for potential bankruptcy filings. The changes will likely be a disaster for self-filers for two reasons. First, they may now have to complete an additional thirty pages of paperwork on their own.

New Chapter 13 Bankruptcy Trustee for Vancouver and Tacoma

Submitted by Anonymous (not verified) on Sat, 10/03/2015 - 17:50

The United States Trustee appointed Mike Malaier as a Chapter 13 Bankruptcy Trustee effective October 1, 2015. Mr. Malaier served as the principal staff attorney for the Chapter 13 Trustee for years before taking over. He will be the Trustee for all Chapter 13 cases arising from Clark, Cowlitz, Pacific, Skamania, Wahkiakum, Pierce, Lewis, Mason, Thurston and Grays Harbor counties. All hearings will continue to be held in Tacoma and Vancouver.

Foreclosure Mediation Program for Oregon Debtors

Submitted by Anonymous (not verified) on Mon, 06/29/2015 - 18:01

An Oregon foreclosure mediation program has undeniably helped many debtors find a way to stay in their homes. The program provides Oregonians with a chance to meet with lenders in order to find ways avoid a foreclosure. The latest data from the Oregon Department of Justice show that since the program’s inception, more than 1,700 Oregonians have used it to reach agreements with their banks.

Electronic Chapter 13 Plan Payments to the Portland Chapter 13 Trustee

Submitted by Anonymous (not verified) on Sat, 06/27/2015 - 22:55

Probably the worst way for any Portland area Chapter 13 Bankruptcy Debtor to make a monthly payment is out of pocket.  If you have a regular job this isn’t a problem, the payment is just deducted from you wages and you never falls behind. Up to now self-employed debtors haven’t had any options other than to obtain checks and mail them once a month. The success rate in Chapter 13 Bankruptcy for debtors taking this route has been abysmal but up to now there hasn’t been any other options.

Increase in Consumer Debt

Submitted by Anonymous (not verified) on Mon, 06/22/2015 - 06:00

American consumer debt increased steadily in April as credit-card use surged. At the same time,  education and vehicle debt grew at the slowest pace since July 2012.   While economists typically see a pickup in consumer debt as a strong indicator of consumer confidence; however, the growth could also be a sign that money is scarce for many households and that consumer debt is the only option left on the table.

Banks Agree to Report Debts as Discharged in Bankruptcy

Submitted by Anonymous (not verified) on Sat, 06/06/2015 - 17:22

 
Two of the largest banks, Chase and Bank of America, have finally agreed to update consumers’ credit reports within the next three months to properly depict debts as being discharged in bankruptcy. This long overdue move is a win for Oregon debtors whose have been living with inaccurate credit reports, sometimes for years after bankruptcy.

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