A: You cannot file a bankruptcy for your mother with a Power of Attorney.  To file a bankruptcy for your elderly mother you must first be appointed by state court (not the bankruptcy court) as your mother’s conservator.  A conservator has the authority to handle financial and business affairs for the protected person (your mother). A court will appoint a conservator for a person who is “financially incapable.” This determination is usually made by the protected person’s physician.  After the court has appointed you as your mother’s conservator you may file bankruptcy for her.

A: Not all debts are discharged (eliminated) in a bankruptcy. The most common types of non-dischargeable debts are certain types of taxes less than three years old, child support, alimony, student loans and criminal restitution. Also, if a person commits fraud or theft, they cannot eliminate that debt in bankruptcy. Many people we talk to think they cannot discharge debts owed for older taxes, credit cards, and attorney’s fees. This is a common misconception. One way to be sure about which of your debts are dischargeable is to meet with an experienced attorney before proceeding with your bankruptcy filing.

A: When you file bankruptcy, you are entitled to claim certain items exemption. This means that some of your items, up to a certain value, may not be used by the bankruptcy trustee to pay your creditors. Most of the time, people are able to keep their personal belongings, furniture, guns, and jewelry when they file bankruptcy unless they are very valuable. If you have a car loan, home loan or other “secured debt,” you have a choice of continuing to pay that debt and keeping the item. Some of the disclosures which attorneys are required to give to prospective bankruptcy clients are scary. The reality is that of the millions of bankruptcy cases which have been filed in the last several years, very few of them involve people that lose assets. Make sure to let your attorney know about all of your assets and debts so that you can get the best possible advice and result.

A: You may be eligible to have your convictions set aside.  This means that the court records and all other records associated with your conviction would be sealed.  You must have successfully completed your sentence and have waited three years from the date of conviction before you can submit this request to the court.  Not all convictions can be set aside.  To find out what crimes can be set aside and the procedures for doing so you should contact an attorney experienced in this area of law.

A: As part of the adoption process, the State of Oregon will require a criminal background check. If your criminal history did not involve child abuse or violence, it will probably not be a problem. Your attorney can help you by doing a background check in advance and dealing with any possible problems before filing the adoption petition. For example, you may be able to have your criminal record expunged (removed from the public record). Ultimately, the judge will decide whether to allow the adoption. If your criminal history is of concern, the State may require a “home study” which involves an investigation of your current living situation as it relates to the safety of the child you plan to adopt. Your attorney will assist you through the entire process.

A. Under Oregon law, a married person can file either a petition for dissolution of marriage (divorce) or a petition for a legal separation. With either action, a judge can award one party custody of the children, provide for parenting time for the other parent, award child support and divide up the assets and debts of the parties.

The only difference between a divorce and a legal separation is that a separation does not terminate the marriage. So a couple can have a legal separation and have all of the rights and responsibilities that they would have in a divorce but would still be married at the end of the process. A legal separation can be converted to a divorce later on by a request by one or both of the parties, but if you believe that you might resolve your differences in counseling, there is no reason to file anything now. You can physically separate and if necessary file a divorce later.

A: In some states, when there is a divorce, if a child is of a certain age, they can make the determination with which parent they want to live. Oregon is not one of those states. In Oregon, a child’s wishes are just one factor the court considers. A court will listen to a child’s request and take into account the maturity of the child and the reasons for the child’s decisions.

After the judge has awarded custody to a parent, the non-custodial parent can come back to court and ask the court to change custody. Usually, there must be a change since the last award of custody; the non-custodial parent must show a “substantial change in circumstances”. That is, some compelling reason why it is in the child’s best interest to move from the custodial parent’s house to the non-custodial parent’s house.

In the absence of other facts, a child’s preference to move to the non-custodial parent’s house does not constitute a change in circumstances

A: First you need to decide whether you want to keep the house. If you want to keep it, you may have several options. One option you may want to consider bankruptcy. This process can provide time to catch up on your past due payments. Another option may be that help is available under the Housing Rescue Act which was recently enacted. If you do not want to keep the house, you may consider a short sale (selling the house for less than what is owed with the lender’s cooperation) or a deed in lieu of foreclosure (just signing the property over to the lender). Remember that your house is a critical asset, even if it is in foreclosure – don’t just proceed with a foreclosure without getting the advice of a professional.

A: As this incident occurred in Oregon, and, assuming injury sustained potentially was the result of the negligence of the friend/owner of the house, the statute of limitations would be two years from the “accrual of the cause of action.” This generally means that a lawsuit must be filed within two years from the date of the injury, although, under the right circumstances, it may be possible that this period might be extended. However, these circumstances are narrow and rare.

While no one can be forced to hire an attorney, the “need” for an attorney – like beauty – is in the eye of the beholder. If you are experienced in negotiating with insurance company adjusters and claims representatives and are comfortable in evaluating and placing a monetary value on your injuries sustained, then you may not “need” an attorney. While there is no doubt that attorneys want to be paid for their work just like everyone else and legal fees can add up, the “value” of a lawyer is too often realized only after something bad happens to someone who was trying to save some money.

A: In most situations where the birth parent has had very limited contact with the child, an adoption may be done without the birth parent’s consent. The law provides a procedure for allowing adoptions where the birth parent has shown little or no interest in the child. When the father is not even aware that the child was born, there may be a process completed without notice to the birth parent. The birth parent’s obligation to pay future child support may be terminated when an adoption is completed. In many cases, this is an incentive for the birth parent to cooperate with an adoption.