Posts in "News"

Are my student loans dischargeable in a bankruptcy?

Are my student loans dischargeable in a bankruptcy? Discharge of student loans is only allowed if the debt would impose undue hardship on the debtor.[i]  Under the statute, “undue hardship” is not defined. Multiple courts (including the Ninth Circuit) have adopted a three part analysis for whether or not the student loans create an undue […]

Median income changes may allow more Oregonians to file a Chapter 7.

The Department of Justice has increased median income levels a modest 3% beginning May 1, 2012, for Oregonians. While this increase is small, it may open the door for some Oregonians to file a Chapter 7 bankruptcy, who previously would not have qualified. For more information on how your median income level factors into a […]

Keeping your car in a bankruptcy

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News | by — April 18, 2012

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If I file a bankruptcy, will I be able to keep my car? This is a very common question, and for good reason. We are largely a car-dependent society, relying on our automobiles for transportation to work, activities, and for errands. What is the automobile exemption? When you file a bankruptcy in Oregon, state exemptions […]

Statute of Limitations for Collection of Credit Card Debt in Oregon

A recent Oregon Court of Appeals decision has affirmed that the applicable statute of limitations for collection of credit card debt within the state is 6 years. Multiple Oregon consumers challenged the application of Oregon’s statute of limitations to their debt collection cases based on the credit card user agreement, which specified that Delaware law, […]

Are you eligible for a Chapter 7 Bankruptcy? IRS announces new median income levels.

Consumers looking to file a Chapter 7 bankruptcy may be aware that they must pass certain income requirements in order to qualify for the bankruptcy. But what are these requirements, and would you know whether you qualify? Means Testing With the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, congress […]

How to handle being served a summons and complaint by a creditor or debt collector

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News | by — October 6, 2011

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It can be an understandably emotional experience when an individual is struggling to manage their debt load. Feelings of stress, fear, embarrassment, confusion and anger, to name a few, are normal. If a creditor initiates a lawsuit against an individual, then these feelings only intensify. If an individual’s financial picture has gotten to the point […]

An info-graphic on MERS

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News | by — August 7, 2011

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We’ve all heard much about Mortgage Electronic Registration Systems (MERS) in the news lately. This chart gives a concise nutshell explanation of MERS and its role in the securitization of home mortgages. Everyone is scratching their heads on where this is headed. More and more courts are taking issue with the role MERS played, refusing […]

Is there an economic advantage to collaborative divorce?

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News | by — August 7, 2011

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This is an interesting article featured on The Huffington Post, regarding the potential economic advantages of Collaborative divorce over a litigated divorce. Contact Eblen Freed if you are interested in learning more about the Collaborative process.