- Divorce
- Child SupportA Chapter 13 is particularly attractive when foreclosure is threatened or even filed, or when there are unfiled tax returns or other tax concerns. A Chapter 13 may also be a good alternative when non-dischargeable debts such as those incurred by fraud, child support or others are a concern. Additionally, a Chapter 13 may be a good alternative when the debt owed to a secured creditor (i.e. on a vehicle), is much greater than the value of the collateral. A Chapter 13 may also be beneficial to a sole proprietor who wishes to continue operation of a business without interference by the court or by creditors.
- GuardianshipProbate, Wills and Estates. We assist individuals with the preparation of wills and simple revocable living trusts. We represent personal representatives of estates in probate and probate related matters. We also assist in establishing guardianships and conservatorships, both for minors and adults. We also prepare Advance Directives, Durable Power of Attorneys, and other estate planning documents.
- Spousal SupportThis list is not a complete list, but lists many of the most common non-dischargeable debts. Some of these, for example, taxes, fines and penalties, child support and alimony claims, student loans, debts from injuries sustained due to operation of a vehicle while under the influence, and unscheduled debts, automatically survive the bankruptcy. Others, such as debts for willful and malicious injury, debts acquired by fraud, and others, require an objection be filed by a creditor. Such an objection must be filed before the case is closed, otherwise the creditor will be forever prevented from filing a claim.
- Child AbuseCertain crimes cannot be set aside, including Class A Felony convictions, Class B Felony convictions that are less than 20 years old, Sex Crimes, Traffic Crimes, and crimes involving Child Abuse.
- Criminal DefenseLegal coaching may be a good fit if you are an individual who is facing criminal charges, but does not have the financial resources to hire one of our criminal defense attorneys.
- DUI/DWIIf you are arrested for a DUI (also called DWI or DUII) you need a Top Rated DUI Defense lawyer. Our attorneys are highly specialized defense lawyers who will make a difference in your case. Each case is treated individually, with personal attention to your individual needs.
- Wrongful DeathPersonal Injury. We represent injured parties and their families in serious injury and wrongful death cases. Though we do not handle all types of injury cases, we are happy to provide referrals to qualified, experienced, injury attorneys in the local area.
- Traffic ViolationsS was stopped by Oregon State Police in Marion County following his erratic driving on the Interstate 5 freeway. The officer claimed S was seen weaving across three lanes of traffic and passing vehicles inappropriately. Initially the officers discussed charging him with DUII but settled instead on Reckless Driving, a crime with a maximum license revocation of one year and a fine of $6,250.00. They noted that S appeared disoriented and physically uncoordinated. S also provided officers with “inaccurate and contradictory medical information”. We suspected a bona fide sudden onset of a medical condition was the cause of the erratic driving. In consulting with S’s primary physician, we were able to gather supporting records and testimony to provide to the jury. At trial, the trooper testified honestly about his observations. S’s physician provided his medical opinion as to the reason for the observed symptoms of impairment. The Court found the client “not guilty”, specifically noting that S was not acting recklessly at the time of the driving, even though his driving was clearly dangerous and did endanger others. All charges against S were dropped, he avoided any time in jail and there was no negative impact on his license.
- Sex CrimesJ was arrested on charges of Sexual Abuse for alleged incidents eight years earlier. The District Attorney filed charges multiple charges for Sodomy, Unlawful Sexual Penetration and Rape. The victim claimed that the abuse happened over the courts of several nights when the victim was staying at J’s home. Though J denied the allegations when first contacted by law enforcement, they did not believe his story. As these charges were all Measure 11 charges, J was facing the possibility of over 37 years in prison. We hired experts to review the victim statements, hired an investigator to interview family, friends and witnesses, and filed motions to compel the production of evidence that would be helpful to J’s defense. After six months of diligent work on the matter, we were able to obtain a dismissal of all charges against J. Jay never spent a single day in prison and was able to clear his good name.
- RobberyH was arrested for robbery and theft after a bad interaction with a sales attendant and a big box store.
- BurglaryMisdemeanor and Felony Property crimes in All Degrees including: Theft, Theft by deception, Theft by extortion, Theft by receiving, Criminal Trespass, Possession of burglary tools or theft device, Unlawful entry into a motor vehicle (UUMV); Arson; Reckless Burning, Criminal Mischief; Forgery, Fraud and related crimes, Fraudulent use of a credit card, Negotiating a bad check, Making a false claim for health care payments, and Identity Theft
- Theft
- MisdemeanorsThough the crime of Assault IV is generally a misdemeanor, in the context of domestic violence cases this crime is frequently charged as a felony. Assault IV is a felony if the conduct is committed in the presence of or is witnessed by a minor child, or if the accused has previously been convicted of assaulting the same victim.
- EmbezzlementFor most people, all of their debts can be eliminated in bankruptcy. There are exceptions, and the rules are complex. Although there are some differences in the types of debts that can be eliminated in Chapter 7 and Chapter 13, certain debts are not discharged in either proceeding such as child support & alimony, criminal restitution, student loans, and debts arising from drunk driving. Other types of debts are discharged unless the creditor files an objection with 60 days of your hearing. These include debts based on inaccurate credit applications or fraud, embezzlement, willful or malicious injuries, debts which arose from a fiduciary responsibility, or debts which arose from substantial abuses of credit right before bankruptcy. Tax debts are not eliminated if the taxes are less than three years old, you have not filed tax returns or you tried to evade or defeat the tax. However, when determining if taxes can be discharged, the only real option is to have an experienced bankruptcy attorney review the IRS and Department of Revenue tax records. The rules regarding the elimination of debts through bankruptcy are quite complex and you should have one of our experienced bankruptcy attorneys on your side.
- Drug CrimesOur attorneys have represented individuals in all types of drug cases. Whether you are charged with possession of a controlled substance, manufacture of a controlled substance, delivery or a controlled substance, or are charged with Racketeering involving drugs, we can help. We have represented individuals facing charges for all types of drug crimes such as...
- AssaultJ was originally assigned a public defender but had become dissatisfied. J decided that he should hire an experienced attorney and so he retained Gunn & Gunn to handle his defense. J was facing two counts of Assault in the Fourth Degree and Contempt of Court. As a result, he was facing up to a year in jail and a $6,250.00 fine, as well as sanctions for Contempt. Prior to the incident, J’s estranged wife had obtained a restraining order which prevented J from coming to the home. He was still allowed contact with his children, and routinely took them to school. Dropping them off after school one afternoon, he saw an unfamiliar male outside of an R.V. trailer parked at his home. He knew that a female friend of his estranged wife (who had a criminal and drug history) was being allowed to live in the R.V., but was extremely concerned about the unknown male being on the property near his children. Later in the day, J, troubled by the unknown male’s presence and being unable to sleep, went to the home at about two a.m. to ensure his children were safe. He noticed that his wife was not home and saw that another female was in the house with the children. J, decided to investigate the RV to see if anyone was still inside the R.V. The door was open and the same male he had seen earlier was inside, engaged in an activity he recognized as related to “drug currency.” He challenged the male about his criminal activity and a fight ensued, beginning inside the R.V. and continuing outside. During the fight, the female resident of the R.V. suddenly came home and entered the fray on behalf of the male. She was accidentally struck by our client. J was charged with Assaulting both the unknown male and the female inside the R.V. Though he admitted being on the property (in violation of the restraining order) he denied he assaulted either the unknown male or the female. He insisted that he was acting in self-defense. At trial, the jury found him “not guilty” of both Assault charges and those charges were dismissed. He admitted violation of the Contempt charge, paid a $250.00 fine, and completed 40 hours of community service.
- MurderA conviction, or pending charges, for certain serious traffic crimes (murder, manslaughter, assault, criminally negligent homicide, arising from the operation of a motor vehicle)
- Probation ViolationIf you were arrested, and the case was “no-actioned” or charges were never filed, you can file a motion to seal the arrest record after one (1) year. This applies to almost all criminal arrests. This rule also applies to “non-criminal” arrests such as probation violations and arrests for contempt of court, violation of restraining orders, and similar “civil” arrests.
- Identity TheftT was charged with 19 felony counts including: Aggravated Identity Theft, Theft in the First Degree, ID Theft, and Criminal Mistreatment of an elderly person. Upon conviction, he was facing over ten years minimum in prison. The allegations arose due to financial transactions involving a family member. The case was designated a “complex case” due to the extensive documentary evidence involved, the number of charges, and the length of time over which the alleged crimes occurred. After review of over 700 pages of evidence, and through working together with T, counsel filed multiple motions to limit evide3nce, and to present the state from presenting “evidence” against T. Counsel also filed motions requiring the state to specifically elect which individual transactions (detailed in the over 700 pages of documents) were related to each specific charge. The State eventually conceded the extreme difficulty in proving the case in light of an aggressive defense and agreed to a “no contest” plea to two (2) counts of Identity Theft. All other charges were dismissed. T was placed on 18 months of probation (with no travel restrictions), no fine, no restitution, and 80 hours of community service. It was further ordered that after 12 months of probation, the felony convictions would be reduced to misdemeanor convictions.
- HomicideMisdemeanor and Felony Person Crimes in All Degrees including: Assault and related crimes, Menacing, Strangulation, Harassment, Recklessly Endangering, Criminal Mistreatment, Manslaughter, Criminally Negligent Homicide, Attempted Murder, and Robbery
- Arson
- Restraining OrderThat means that if you are the subject of a Stalking Order (ORS 30.866) or a Restraining Order (ORS 163.765) you may not possess or purchase a firearm.
- Forgery
- Kidnapping
- Manslaughter
- Prostitution
- Extortion
- Business FormationBusiness Formation. We assist clients in the formation and registration of new businesses. We can assist in drafting the initial business documents and operating agreements that are important to get your business started right. We assist in the formation of sole proprietorships, partnerships, LLCs, and corporations. Corporations and LLCs need to be registered with the State of Oregon, and we help our clients to ensure full compliance with State and Federal regulations regarding their business formation and operation. Even if you are going to operate simply as a sole proprietor it is also a good idea to register your business name and to register any partnership. We can help with this process and guide you through the steps you need to protect yourself and your business.
- Business DisputesAt Gunn & Gunn Attorneys at Law, we help you manage your legal affairs – everything from forming and establishing LLCs, partnerships and corporations to reviewing contracts and providing legal help. We offer effective representation and legal advice on business law, real estate, litigation and more.
- Small Business Law
- Employment ContractBusiness Contracts. Every business will eventually need the services of an attorney to review or draft a contract. Whether your business needs assistance in preparing simple agreements, leases, employment agreements, non-compete agreements, sales agreements, or otherwise, our firm can be of assistance. We are also able to review contracts prepared by other businesses and advise our clients regarding such matters before execution of the contract.
- Non-compete Agreement
- Real Estate LitigationAt Gunn & Gunn P.C, we help you manage your small business legal affairs – everything from forming & establishing LLCs, partnerships & corporations to reviewing contracts and providing legal guidance. We offer effective representation and legal advice on small business law in Oregon, Oregon real estate law, litigation & more.
- Personal InjuryDon’t take on the insurance industry alone. Contact the personal injury attorneys of Gunn & Gunn today at (503) 362-GUNN for a FREE consultation.
- Estate Planning
- Wills
- Trusts
- Probate
- BankruptcyA Chapter 7 bankruptcy is intended to give the debtor a fresh start by preventing further collection of dischargeable debts and at the same time allowing the debtor to keep legally exempt property. A Chapter 7 is designed as a liquidation of the debtor’s non-exempt property with the goal of paying the proceeds of the liquidation to the creditors. In most Chapter 7 cases, there is no “liquidation” because in most cases there is little or no “non-exempt” property. It is the trustee who is responsible to determine if there is property which can be sold to pay creditors. The trustee, however, must ultimately report to the Bankruptcy Court Judge and therefore the trustee’s power is not “unlimited”.
- ForeclosureUpon the filing of the petition, the Bankruptcy Court Clerk sends a notice to all creditors listed in the petition that the debtor has filed a bankruptcy petition. Upon the filing of the bankruptcy petition, an automatic stay is created. The automatic stay acts as a barrier between the debtor and the creditors. The automatic stay prevents creditors from being able to continue all forms of collection activity. The automatic stay prevents the filing or continuation of lawsuits, the filing or continuation of garnishments, the sending of collection letters, the making of harassing telephone calls, repossession of vehicles, continuation or commencement of foreclosures, and numerous other collection activities. That stay remains in place during the administration of the bankruptcy case or until a specific creditor obtains permission from the court to continue with collection activities.
- Tax LawBusiness Cases: We represent businesses that provide a wide variety of goods and services. We help establish and maintaining corporations, LLCs, sole proprietorships, and partnerships. We also assist our business clients in matters concerning general litigation, preparation of contracts, assistance with tax matters and other business related matters.