- Divorce
- Child SupportCommon exceptions to discharge include child support, income taxes less than 3 years old and property taxes, student loans (unless the debtor prevails in a difficult-to-win adversary proceeding brought to determine the dischargeability of the student loan), and fines and restitution imposed by a court for any crimes committed by the debtor. Spousal support is not covered by a bankruptcy filing nor are property settlements through divorce.
- Spousal SupportYes. Almost all garnishments can be stopped with the exception of child support or spousal support obligations. Some creditors that hold claims that will not be discharged like student loans can start garnishment again as soon as your discharge is entered.
- Theft
- Identity TheftRebecca was a victim of identity theft dating back to the 1980s. False collection accounts continually appeared on her Equifax credit reports, badly marring her otherwise perfect credit history. She wrote to Equifax repeatedly asking to have the false information deleted. Sometimes accounts would be deleted, only to return months or years later. Because of the inaccurate credit reports, she couldn’t be on the deed to her own home.
- Business DisputesJustin has been a member of the Oregon State Bar since 1999, and a member of the Washington State Bar Association since 2007. He received his J.D. from the Northwestern School of Law of Lewis & Clark College, where he was an associate editor on the Journal of Small and Emerging Business Law. In 2009, he received the prestigious Martindale-Hubbell AV Peer Review Rating ® for legal skill and ethics.
- Personal InjuryMichael Baxter (Retired) was in private practice as a trial attorney since 1991. His practice focused on consumer litigation and personal injury litigation. Mike was admitted to the Oregon State Bar in 1991. He is a member of the Association of Trial Lawyers of America, the Oregon Trial Lawyers Association, and the National Association of Consumer Advocates. In 2003, he received the NACA’s prestigious Trial Attorney of the Year award. Mike received a B.S. in Political Science from the University of Oregon in 1970. He received an M.B.A. from the University of Detroit in 1984. He received his J.D. from the Northwestern School of Law of Lewis & Clark College in 1990.
- BankruptcyBankruptcy is supposed to give consumers a fresh start. In a Chapter 7 bankruptcy, the Court may discharge some or all of a consumer’s debts. Consequently, the way creditors report the account to the credit reporting agencies must change as well.
- ForeclosureThis information is presented by the Bankruptcy Practice Group of Baxter & Baxter, LLP. The bankruptcy lawyers of the Bankruptcy Practice Group represent individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial consultation. We can stop collection calls from debt collectors and home foreclosures. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file.
- Debt CollectionUnlawful debt collection practices are regulated by a patchwork of state and federal laws. The basic principal of fair debt collection law is that a consumer who does not owe a debt should not be “dunned” with collection calls or letters. Even when a consumer does owe a debt, state and federal law recognize that collectors cannot engage in deceptive, harassing, or unfair debt collection practices.