Representing Individuals in Beaverton, Oregon
Welcome to our mini-site! This site gives useful information about bankruptcy in Oregon. To find out more about consumer law and bankruptcy in Oregon, please visit our main website at www.baxterlaw.com.
This information is presented by the Portland bankruptcy attorneys in the Bankruptcy Practice Group of Baxter & Baxter, LLP, a Portland, Oregon consumer litigation law firm, specializing in credit reporting cases, identity theft cases, and unlawful debt collection practices cases. The Portland bankruptcy lawyers in the Bankruptcy Practice Group of Baxter & Baxter, LLP represent Beaverton and other Oregon consumers in Chapter 7 and Chapter 13 bankruptcies.
Free Initial Consultation – Stop Debt Collector Calls
Stop Home Foreclosures
The Bankruptcy Practice Group of Baxter & Baxter, LLP represents individuals in Chapter 7 and Chapter 13 bankruptcies. We offer a free initial phone consultation. We can stop collection calls from debt collectors. We can advise consumers whether to file for bankruptcy, and what form of bankruptcy to file. Our rates are competitive, and an uncontested no-asset Chapter 7 bankruptcy can be filed for as little as a $1,250 fee. Remedies for Attempt to Collect Debts
Included in Bankruptcy One of the most important benefits
of filing for bankruptcy is that it will stop collection calls, letters,
and other activities by debt collectors. This includes garnishments,
lawsuits, and repossessions. When creditors or collectors do not
cease collection efforts, consumers may be able to seek additional recourse
in court. This article discusses some of the key protections for
debtors who are being harassed over bills included in bankruptcy. Violation of the Automatic Stay When any person, business, or other
entity files the initial petition for bankruptcy, the bankruptcy court
judge enters an automatic stay. This is essentially a "safe
harbor" for the debtor to catch their breath and prepare for the rest
of the bankruptcy case. During the automatic stay, all collection
efforts of any kind are prohibited. The bankruptcy code provides a private
cause of action for an individual injured by any willful violation of
the automatic stay. The injured individual is entitled to recover
"actual damages," including court costs and attorney's fees.
An award of actual damages requires a showing of injury or loss stemming
from acts in violation of the stay. Some examples of acts that have
repeatedly supported an award for actual damages are repossession of
a debtor's vehicle, locking a debtor out of a rented property, filing
a lawsuit against a debtor, and continued efforts at the collection
of debts owed before filing bankruptcy. Punitive damages are awarded
when the creditor’s collection activities are particularly egregious. Violation of the Discharge Injunction The final discharge order entered by
the bankruptcy court judge is an injunction that releases the debtor
from personal liability for specified debts. The discharge is a permanent
injunction or order prohibiting the debtor’s creditors from taking
any form of collection action on discharged debts, including filing
lawsuits, garnishing bank accounts or wages, and other collection efforts
with the debtor, such as telephone calls, letters, and personal contacts. A debtor that is harassed over discharged
debts after the entry of the final discharge order can bring a contempt
proceeding against the violating creditor. This is an adversary
proceeding in the bankruptcy court, either brought as a motion for a
contempt order, or an adversary action. The bankruptcy court judge
can award an injured individual "actual damages," including court
costs and attorney's fees. In appropriate cases, the creditor
may be required to pay penalties or sanctions. Fair Debt Collection Practices Act In most courts, it is possible for
a consumer to assert a Fair Debt Collection Practices Act (FDCPA) case,
when a creditor attempts to collect a debt that is discharged in bankruptcy.
There are many articles about the provisions of the FDCPA, but in general,
that federal law prohibits certain collection practices relating to
bills that the debtor does not owe. Under the FDCPA, consumers
can seek compensatory damages, statutory damages, and attorney fees. The exception to this is Walls v. Wells
Fargo, a federal appellate court opinion from the Ninth Circuit Court
of Appeals, which applies as binding precedent in California, Idaho,
Montana, Nevada, Oregon, Washington, Alaska, Hawaii and Guam.
That case held that the FDCPA was preempted by the bankruptcy code,
and that debtors are limited to seeking remedies for violations of the
discharge injunction, as discussed above.
Call today for a free consultation and speak to a Portland Oregon bankruptcy attorney today!
Call today for a free consultation and speak to a Vancouver WA bankruptcy attorney today!
Information about Bankruptcy in Beaverton, Oregon
To speak with a Portland, Oregon bankruptcy attorney, call Baxter & Baxter, LLP, at (503) 297-9031.
Bankruptcy Resources in Oregon
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Baxter & Baxter, LLP
8835 S.W. Canyon Lane, Suite 130
Portland, Oregon 97225
503.297.9031
503.291.9172
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