How Can You Stop a Wage or Bank Account Garnishments?

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A garnishment is one method that creditors can use to collect debts owed.  Before a creditor is entitled to garnish, however, the creditor must obtain a judgment from a court declaring that the debt is owed.  Though there are some exceptions, for example a garnishment or tax levy, until a judgment has been entered, you do not need to fear a garnishment.

Upon a creditor obtaining a judgment, that creditor can apply to the court clerk for the issuance of a ...

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Should I Sign a Reaffirmation Agreement on my . . . home . . . car . . . other loan?

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As a general rule, entering into a reaffirmation agreement is not generally advised. Many attorneys will advise their clients not to sign reaffirmation agreements, unless there is a specific benefit to be obtained in signing the agreement. This is because the primary goal of filing for Bankruptcy relief is to discharge debt and get a fresh start. A reaffirmation agreement, undermines that goal.

Upon completion of a Chapter 7, the debtor will receive a discharge from the court, which relieves the debtor of ...

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Can I Get This Off My Record?

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On a weekly basis I am contacted by individuals trying to remove criminal convictions an arrest records. This process, often called an expungement, is relatively straightforward, but the “rules” to “qualify” are often complicated and somewhat difficult to understand. The primary benefit is that “upon entry of the order the applicant for purposes of the law shall be deemed not to have been previously convicted or arrested as the case may be . . .”  The entry of the order ...

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Not receiving your Emails?

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Keeping open communications with our clients is a priority at Gunn & Gunn.  With modern conveniences such as email, keeping in touch is easier than ever . . . most of the time.  Unfortunately, from time to time we recieve calls from our clients, telling us that they didn’t get an email we sent, or that they are “waiting for a response” to their email after an extended period of time.  This is both frustrating for clients, as well as for attorneys ...

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Student Loans in Bankruptcy

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Generally Student Loans are not discharged by filing a bankruptcy case [11 U.S.C. §523(a)(8)]. It may be possible, however, to discharge the Student Loan in a limited number of circumstances. Once a bankruptcy case is filed, the individual then needs to file an Adversary Proceeding in the bankruptcy court. An adversary proceeding is a lawsuit filed in the Bankruptcy Court in connection with a bankruptcy case. Our firm handles such matters, but they are not part of our standard fees, ...

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College Savings Plans (529 Plans) in Bankruptcy Cases

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Many individuals have established “529 Plans” to help fund college educations for children, grandchildren, step-children and step-grandchildren. There are several tax advantages to such plans which makes them an attractive option for many. Due to the tax advantages, many of these plans have been in effect for several years, and contributions have been made over an extended period of time. In some cases, individuals who in the past have contributed to such plans, are faced with the possibility of filing ...

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The Importance of Electronic Media in Court Cases

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Before the age of smart phones, text messaging, social networking, Twitter, blogging and Facebook, to name only a few, lawyers sought during a law suit to “discover” mostly paper documents.

Today the list of requested data about you and those you communicate with is staggering. It’s also quite a revealing exercise to think about all of the unwise, profane, irreverent and frankly “stupid” things that are captured by our personal devices. It is well to bear in mind that these “private” ...

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Clients using Gmail Accounts

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In general, Gmail is a fine email service, and you can’t beat the price.  However, sometimes the Gmail Spam filter can be overly aggressive.  We have recently been notified by some of our clients, that they are finding our messages in the Spam folder, as opposed to their Inbox.  We have confirmed that our mail serve complies with all internet mail standards, and have also confirmed that our servers “email reputation” is of the highest order.  We have event tried ...

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Oregon Implied Consent Law

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Under Oregon law, by driving a motor vehicle you have “implied” that you will consent to a search of your breath, blood, or urine if you are arrested for Driving Under the Influence. If your blood alcohol level is shown to be .08% or greater, you will be deemed to have “failed” the breath test. If you are under the age of 21, any amount of alcohol in your blood is grounds for a suspension of your license.

If ...

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