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

When Do I Stop Making payments in My Oregon Chapter 13 Bankruptcy?

Sometimes it’s hard to tell when you should stop making payments in your Oregon Chapter 13 Bankruptcy. Many attorneys, including myself, will often have to tell clients that their plans will last for at least 36 but might go as long as 60 months. The question then becomes how will I know when to stop making payments?
The answer is that you or your employer should continue making payments until your Oregon Chapter 13 Trustee expressly informs you to stop doing so.

Bad News for Oregon Bankruptcy Filers Hoping to Avoid Second Mortgages in Chapter 7 Bankruptcy

In a big  victory for mortgage lenders and an even bigger loss for Oregonians struggling to carry two mortgages, the U.S. Supreme  Court has just ruled that underwater homeowners can’t get rid of a second mortgage by filing for chapter 7 bankruptcy.

Oregon Chapter 13 Bankruptcy and Taking Out Credit

Once your Chapter 13 Bankruptcy Plan is approved by the Oregon Bankruptcy Court, a Confirmation Order is entered.  Among other things, the Confirmation Order bars you from taking on any credit obligations during the pendency of your case without the Oregon Chapter 13 Bankruptcy Trustee’s written approval. There are only two exceptions to obtaining prior written approval for taking out credit. In the event of emergency no written approval is required. Similarly, no written approval is requried for run of the mill expenses for a business approved in your plan

Filing Chapter 13 Bankruptcy in Oregon and the Plan

In Oregon every Chapter 13 bankruptcy must have a plan. In essence, the plan is really a summary distributed to your creditors that lets them know how you intend to take care of your debt issues. Once your plan is approved, the Oregon Bankruptcy Court will regard your Chapter 13 plan as a contract between you and your creditors. Of course like any contract, your Plan is subject to modification in the event your financial circumstances change.

My Income Has Gone Up in My Oregon Chapter 13 Bankruptcy

The confirmation order entered in every Oregon Chapter 13 Bankruptcy requires you to report to the Trustee if your actual or projected gross income increases by ten percent. The income figures included in Schedule I of your Bankruptcy Schedules filed with the Oregon Bankruptcy Court before confirmation serves as the baseline for determining whether there has been a ten percent increase.

Oregon Bankruptcy Access

According to a new study, the 2005 revisions to the bankruptcy code may be keeping financially struggling Oregonians out of bankruptcy court, but it hasn’t helped them with their financial suffering. The Bankruptcy Abuse Prevention and Consumer Protection Act which was largely created to make bankruptcy less accessible may have obliterated access to a fresh start from the people who most deserve it.

Cash for Keys: Getting More Value Out of Home Surrender in Oregon Bankruptcy

Once you opt to surrender you home in your Oregon Bankruptcy, you will probably want to stay in the house for as long as you can. All too often we have seen Oregon Bankruptcy clients move out of homes in bankruptcy, thinking the foreclosure would soon follow. But lenders often change course. The rapid foreclosure that was on track for sale prior to the bankruptcy may now languish for months and sometimes years on end. So why not stay in the house for as long as you can.

Vancouver Bankruptcy Filers Get Real Time Notice from Court

Vancouver bankruptcy filers will be happy to hear that the U.S. Bankruptcy Court for the Western District of Washington is now offering debtors the ability to receive court notices and orders via email through a program called “Debtor Electronic Bankruptcy Noticing” or “DeBN.” Registering for DeBN is free and enables debtors to receive and view notices sent to you by email. A Washington debtor must file a written request with the bankruptcy court in order to participate in the DeBN program.

Student Loan Debt Collectors Denied

Good riddance to several debt collectors that seemed hellbent on sending all Oregon student loan debtors into bankruptcy. Pioneer Credit Recovery, Enterprise Recovery Systems, National Recoveries, and Coast Professional had all sued earlier this year once the Education Department said it would no longer send them any more accounts under their current contracts. A federal judge on Tuesday has now dismissed all their claims.

Student Loan Bankruptcy Relief Coming to Oregon?!

President Obama signed an executive action on Tuesday that would make it easier for Oregon bankruptcy filers to discharge certain kinds of student loans. As any would be Oregon bankruptcy filer knows, student loan debt is extremely difficult to eliminate now. The most common path to discharge now requires a showing of undue hardship which is now so stringently defined that an Oregon bankruptcy attorney could go through her entire career without finding a case that would meet the required criteria.

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