by Jeremy Rickson | Jul 14, 2015 | Banking, Creditors’ Rights & Bankruptcy, Litigation, News
In a suit for judicial foreclosure, a plaintiff has the option of asking the court for a money award against a debtor. After amendments to the Oregon statutes dealing with judicial foreclosure from 2003 to 2007, some circuit courts began interpreting these provisions...
by Jeremy Rickson | Jun 3, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
Bankruptcy courts have a seemingly obvious purpose—to settle bankruptcy claims. However, bankruptcy courts may also hear and decide matters that would traditionally be argued in a federal district court if those matters are related to the bankruptcy proceeding and the...
by Jeremy Rickson | May 29, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
During a Chapter 13 bankruptcy proceeding, a trustee collects a portion of a debtor’s wages for distribution to creditors according to a court-approved payment plan. At any time, a debtor may convert his Chapter 13 proceeding into a Chapter 7 proceeding, during which...
by Jeremy Rickson | May 29, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News, Real Property & Land Use
As an update to our blog post of November 25, 2014 (below), the United States District Court for the District of Oregon recently changed course with regard to property surrendered in bankruptcy, vacating and remanding In re Watt. Judge Ann Aiken recognized the lack of...
by Jeremy Rickson | Jan 13, 2015 | Banking, Creditors’ Rights & Bankruptcy, Financial Services, Litigation, News
The Washington Supreme Court’s recent decision in Washington Federal vs. Harvey confirmed what was believed true: guarantors of commercial loans may be liable for a deficiency after non-judicial foreclosure of a trust deed. Lenders are often faced with Collateral...
