Exemption laws define the belongings debtors may keep safe from debt collectors, even after bankruptcy. On July 1, 2013, Oregon joined 20 other states in permitting debtors to use the list of federal exemptions provided in 11 USC §522(d) when filing bankruptcy. This will help Oregon debtors protect more of their possessions and obtain a […]
Kent Anderson, Esq.
Lawyers practicing in Oregon bankruptcy courts have done their best to protect debtors from home foreclosure. Starting in 2007 and continuing into the foreclosure crisis, bankruptcy judges and trustees worked with debtors to facilitate loan modification or reinstatement of defaulted home loans. Despite these efforts, the bankruptcy court has limited tools available to assist a […]
Overwhelming consumer debt and unpaid tax debt can feel like a one-two punch. To recover from the consumer debt hit, some consumer debtors must pass a means test and prove they are poor enough to qualify for bankruptcy relief. This can be a problem if household income is above median for the state. But, the […]
“Her entitlement to a discharge in bankruptcy is unquestioned.” She is “destitute” according to Chief Judge Frank H. Easterbrook of the 7th Circuit Court of Appeals in a recent opinion. These are the opening statements that begin a sad story. Despite her extreme circumstances, a 53 year old woman who had not been able to […]
Federal bankruptcy and appeals courts have become confused about what a tax return is for bankruptcy discharge purposes. A recent decision has taken the position that a return is not a return when it is filed late. Thus, income tax does not qualify for discharge in bankruptcy when the tax return is filed after the […]
The bankruptcy automatic stay is the first major benefit for the debtor when a case is commenced. Immediately after the filing fee is paid and a bankruptcy petition is filed, virtually every type of collection activity is called to a halt. An order is entered by the bankruptcy court under 11 USC §362 prohibiting nearly […]