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Help! I’m Being Garnished! How Bankruptcy Can Help.

December 24, 2013

You’ve worked hard to earn your money. You receive your paycheck, and you notice that a creditor has garnished a part of your earnings. What can you do? This article sets forth the process of garnishment and how bankruptcy may help: 1. Garnishment: Once a creditor obtains a judgment against a person, that creditor can…

Eugene Bankruptcy Lawyer – Meet Tom Butcher

December 24, 2013

Meet a Bankruptcy Attorney: Tom Butcher “I focus primarily on bankruptcy law, both chapter 7 and chapter 13 cases, for consumers. I also practice foreclosure defense law. I try to make the process of bankruptcy as easy and as stress-free as possible for my clients. I am easy-going, down-to-earth, and genuine. After meeting with me,…

Welcome Federal Exemptions!

August 30, 2013

Oregon bankruptcy debtors now have two options when they file bankruptcy: they can elect to use Oregon Exemptions or Federal Exemptions when protecting property. (Exemptions are laws that protect property when a person files bankruptcy). Federal exemptions, most importantly, provide very liberal “Wild Card” exemptions, or exemptions that can be applied to any property. The…

What Does the Chapter 7 Bankruptcy Trustee ask at the Hearing?

March 13, 2013

Below is a list of general questions the chapter 7 bankrutpcy trustee asks at the hearing; there will be variation from one trustee to the next, but the questions touch on most of the topics the trustee covers.  Trustees may ask additional or tailored questions depending on the facts of the case. SAMPLE QUESTIONS THE BANKRUPTCY…

Who Are The Bankruptcy Trustees in Oregon?

March 13, 2013

Oregon Trustees   Chapter 7 Trustees Candace Amborn (Eugene) PO Box 580 Medford, OR 97501-0214   Stephen P. Arnot (Portland) Trustee in Bankruptcy P.O. Box 1963 Lake Oswego, OR 97035   Michael B. Batlan (Portland) Trustee in Bankruptcy PO Box 3729 Salem, OR 97302   Rodolfo A. Camacho (Portland) Trustee in Bankruptcy PO Box 13897…

Protecting Your Property in Bankruptcy – The Use of Exemptions

October 3, 2012

Exemptions are laws that protect your property when you file bankruptcy.  In order to benefit from a particular exemption, that exemption must be claimed in your bankruptcy schedules.  In most chapter 7 cases, by claiming the appropriate exemptions, a debtor will not have to relinquish or lose any property as a result of his or…

Chapter 13 Bankruptcy & The Co-Debtor Stay – Protecting Cosigners

October 2, 2012

The Co-debtor Stay is a powerful tool available in a chapter 13 bankruptcy.  The co-debtor stay prohibits creditors from pursuing a c0-signer, co-borrower, or co-debtor while the principal debtor is in a chapter 13 bankruptcy case. The impetus behind the Co-Debtor Stay is to protect the principal debtor, who is in a chapter 13 bankruptcy.  This is accomplished…

How to Deal with a Second Mortgage or HELOC – Try Avoiding it in a Chapter 13 Bankruptcy

September 14, 2012

With home values precipitously dropping over the past few years, many people find that their houses are underwater – owing more on the house than the house is actually worth.  Add to this the reality that many people are straddled with more than one mortgage with the addition of a second mortgage or a home-equity line of…

Can Student Loans Go Away in Bankruptcy?

September 14, 2012

Student loans are not dischargeable in bankruptcy unless a debtor can show “undue hardship.” To determine undue hardship, Courts use what is known as the Brunner Test.   To show undue hardship under the Brunner Test:  (1)  the debtor cannot maintain, based on current income and expenses, a “minimal” standard of living for herself and her dependents if…

Will I Lose My House If I File Bankruptcy?

September 13, 2012

The Short Answer: Most Likely Not. If you file bankruptcy, you are allowed to use “exemptions” or laws that protect property.  For your home, you are allowed to take a “homestead exemption.”  The homestead exemption allows an individual to protect $40,000 in equity in a house, or a married couple filing together to protect $50,000. For example, if…


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