Straight Talking on The Law

Who is filing for Bankrutpcy?

 

By: Ryan Hacket,

      Attorney at Hackett and Harris, LLC.

What types of people file for Bankruptcy?

In 2008 over 1 Million Americans filed for bankruptcy protection.  I recently came across this interesting and colorful chart that broke down the demographics of these filers.

As you can see from the chart there is a broad spectrum of people who file bankruptcy.  When I tell my friends and family members that I am a bankruptcy attorney they always seem to assume that I help people who have nothing and are unemployed.  I always tell them that quite the opposite is true. Nearly all of my clients have jobs and many have assets, such as cars, homes, or other valuable items.  As the chart shows, only 13% of people who filed bankruptcy in 2008 were unemployed.

Debt Settlement Companies or Bankruptcy

By: Robert J. Harris

On today's MSN Money website, there is a great article called "10 Secrets of Filing for Bankruptcy". All the tips are valuable, but because this is a BLOG, and I know people reading this may have come here looking for bankruptcy alternatives, I want to focus on tip number 5.

                             "Debt Settlement Companies May do More Harm than Good"

Debt settlement firms offer to play hardball with creditors and whittle outstanding balances by as much as 75%. They bill their services as an alternative to bankruptcy, but in many cases they can hurt more than they help. Debt settlement firms are unregulated, for-profit entities that require regular payments before taking any action on a consumer's behalf. This business model works squarely against debtors' interests, says Walter Benenati, a bankruptcy attorney in Orlando who worked briefly for a debt settlement firm. "They're getting fees every month, so they have no incentive to settle (with creditors) as fast as possible," he says.

In fact, you don't need a middleman to negotiate with creditors. But, says Mariana Bekker, director of media relations for the United States Organizations for Bankruptcy Alternatives, a debt settlement trade organization, most debtors don't have the "time, stamina or desire" to do it themselves. Either way, you'll owe taxes on any amount saved on your debt. (That's right: The IRS considers forgiven debt taxable income.)

About a year ago, I had a representative of a "debt settlement company" call me and asked me to refer people to him. He told me if I did, he'd refer all his clients to me. He said that none of them ever complete their payment plans anyway, so I'd get a lot of work. Needless to say, I didn't do business with that gentleman.

Oregon License Suspension Hearings for DUII Arrest

By: Robert Harris

If you're arrested for a DUII in Oregon you were asked to take a breath test. If you failed the test, or refused to take it, your license was suspended for anywhere from 90 days to three years. The only to way to avoid the suspension is to ask for, and win, a DMV hearing.

Strict Time Limits Apply

If you're arrested for a DUII you were likely asked to take a breath test. If you refused the test, or took it and blew a .08 or higher, you were given a notice of license suspension by the officer. That suspension starts thirty days after your arrest. The suspension is from 90 days to three years, depending on your prior record, and whether you failed the test or refused to take it. The only way to avoid a suspension is to request, and win, a DMV hearing. You have to request the hearing within 10 days of your arrest. If you fail to ask for the hearing, or make a mistake in how you ask for the hearing, then you lose your right to object to the suspension and you'll lose your license. If you're going to contest the suspension, you should consider hiring a knowledgeable lawyer to request the hearing on your behalf.

Good, Accurate Bankrutpcy Information on the Internet? Good Luck

By: Robert Harris

As someone who spends a significant amount of time writing on legal issues, it is quite concerning to see so much incorrect and erroneous information about Oregon bankruptcy law on the Internet.  Consumers need to be aware of this.

 

I frequently do Internet searches on various bankruptcy topics and I am constantly amazed and disappointed at the extremely poor quality of the information on some websites. 

There are three main reasons why some online bankruptcy information is bad

 

DUII, Drunk Driving, License Suspension in Oregon. Ask Me Now!

By: Robert Harris

Open forum this week for issues related to Oregon DUII laws. Also known as DWI, or drinking and driving. If you have questions on Oregon DUII laws, diversion, license suspension, probation, alcohol treatment requirements, arrests for DUII, or other DUI laws or consequences, post a comment here and I'll try to respond within 24 hours. Or, you can email me confidentially. But a post here would be nice. Many people probably have the same questions as you. You can also get more information on DUII laws and what we can do for you at our website.

Now for the legal disclaimer:There is absolutely no substitute for reviewing police reports and having and actual face to face give and take conversation with a client. Any advice here does not constitute the establishment of an attorney client relationship.We represent clients in Washington, Multnomah, Clackamas, Columbia, and Yamhill Counties.

Should Christians File Bankruptcy?

By: Robert Harris

  

People of faith ask me about the ethics of filing for bankruptcy protection. How is that fair to creditors? I've done some research to try to answer some of these questions.

 

"Every seven years we will let our fields rest, and we will cancel all debts." -  Contemporary English Version – Nehemiah 10:31b

 

 

"Every seven years you must announce, "The LORD says loans do not need to be paid back."  Then if you have loaned money to another Israelite, you can no longer ask for payment. - Contemporary English Version – Deuteronomy 15:1-2

 

 

"At the end of every seventh year you must cancel your debts.  This is how it must be done.  Creditors must cancel the loans they have made to their fellow Israelites.  They must not demand payment from their neighbors or relatives, for the LORD's time of release has arrived”. - New Living Translation

  

Insurance Adjustors and Investigations

By Paul Vames

So you’ve been injured in an auto accident, a dog bite, through medical negligence, or an unsafe product. In order to recover for your injury, you’re most likely going to have to deal with a claim representative (“adjuster”) from the insurer of the other person. Do you need an attorney at that point? Let’s talk through the process and you make the call.

Early in the claims process, the adjuster will investigate the incident to determine first whether the liability insurance company’s policyholder is actually at fault. The adjuster will next attempt to determine whether and to what extent you’re  injured and whether your own conduct may have caused or contributed to your injuries. Much later in the process, after the adjuster reaches his or her conclusions regarding liability and damages, the adjuster’s role is to attempt to pay you the smallest amount of money possible in exchange for a full release.

 

Attorney General Wants to Be "Smart on Crime"

By: Robert Harris

In a speech before the American Bar Association House of Delegates this week, Attorney General Eric  announced a pronounced change in how the Department of Justice will address crime.

General Holder announced  an shift to evidence based sentencing, ofter referred to as  Smart Sentencing. This is a pronounced change from the previous administration, which emphasized the punitive aspects of sentencing.

The philosophy of Smart on Crime is that by using empirical evidence on what works to reduce recidivism, and by evaluating the resources available,  we will be able to formulate sentences that get the most bang for the buck.

Oregon has two strong advocates of Smart Sentencing. Rep. Chip Shields, (D-Portland) and Multnomah County Circuit Judge Michael Marcus, who has a website devoted to Smart Sentencing.

It has never ceased to amaze me that so many "tough on crime" advocates refuse to even consider evidence based sentencing. Shouldn't reducing crime and protecting our communities and our families should be job one? And if that means more drug/alcohol treatment, job training, fewer prison beds, fewer victims and all at less taxpayer expense, why is that objectionable? 

Increased Earned Time in Oregon: HB 3508

By: Robert Harris

As part of cost cutting measures, the Oregon Legislature enacted House Bill 3508 (HB3508).

HB 3508 increases earned good time for certain felony offenders, which will result in early release for many felony offenders. This is a jail space issue. The reason the legislature wants to free up some jail beds is in preparation to fill them up again for those repeat property offenders that will be receiving increased mandatory prison sentences under Measure 57, which the legislature wrote and the people passed November 2008.

So, because of the budget crunch, it's become a sort of musical chairs at the Department of Corrections. When you Increase the penalties for property crimes without increasing prison beds, you have to release currently incarcerated prisoners to make room for these new arrivals.

Here you can find a summary of eligibility and the process for granting increased earned time.

Time Limits for Filing Injury Claims. State Increases Limit for Tort Claims Against Government

      By:    Robert Harris

CONSUMER PROTECTION EXTENDED:

This past week the Oregon Senate passed law that would extend the time consumers would have to sue for injuries caused by defective products from eight to ten years from the date of manufacture. (SB 284) The bill must first pass the House before it goes to the Governors desk for his signature.

The Oregon Trial Lawyers Association had unsuccessfully asked the Democrat led Senate for an extension to 25 years.

The legislation was in response to a lawsuit by some teachers whose eyes were damaged in 2004 by ultraviolet radiation leaking from a broken protective cover on a metal halide light bulb in a school gymnasium.

TORT CAP LIMITS RAISED:

Many people may not even know this, but the State can, and always has, capped the damages that it can be sued for.  That cap was, by statue, $200,000.  However, in  2007 the Oregon Supreme Court, in a case of a 3 month old child who suffered irreversible brain damage at OHSU, ruled held that the statutory cap was constitutionally inadequate.  (In that case a jury had returned a verdict for $17 Million in actual damages)

In response to the Supreme Courts ruling, the legislature increased the liability cap $100,000 a year to a maximum of $1.5 million by 2015 for individual claims against state government. The plan would increase the cap to $3 million for all claims from a single incident. The bill also would eliminate the distinction between economic and non-economic damages.

Lower caps would be allowed for cities, counties, school boards and special districts. The reform was supported by Democratic Gov. Ted Kulongoski and the Oregon Trial Lawyers Association.

To find out how we can help you with your injury claim, visit our website.