David Charles Clarke’s Answers

In Oregon, the child tax credit is exempt for the purpose of contribution to your Ch 7 bankruptcy estate. If this is the case in your district, then you should argue that you should be able to keep the refund in this Ch 13 case because it would have been exempt if you had filed a Ch 7. The underlying rule is that a Ch 13 unsecured creditor should not receive less in a Ch 13 than he/she would if a Ch 7 were filed instead. Therefore, by withholding the child tax credit you are not denying the...

Your husband left 34 years ago! You might do best by trying to find and ask him. If you have re-married, maybe you don't want to find out that you were never divorced, so maybe it's better not to ask. If you are now wanting to re-marry, then try to contact him. If you can't find him and want to be sure you are divorced, then file for divorce yourself now.

It is reasonable for your new attorney to re-evaluate your situation to determine how to proceed. Perhaps this proposed change of course makes you distrustful of attorneys but often times the decsion as to which type of bankruptcy to pursue is a complicated balancing of factors. Perhaps you need to interview several attorneys until you find one who can explain things to your satisfaction before hiring one.

Yes, you should consider a chapter 7 bankruptcy, along with other options. What you have experienced (job loss and income reduction) are classic events which have caused many debtors to seek the protection of federal bankruptcy law. A consultation with a reputable bankruptcy attorney is appropriate to determine whether other options are more appropriate given the totality of your situation.

You have been given a date for your first appearance at which time you will be arraigned. At this arraignment hearing, you will be informed of the charges against you. If it turns out that the only charge is duii, then you will certainly want to consider diversion. But if there are other charges, then you will need to deal with each on its own merits. Between the date of the arraignment hearing and the trial date, you will have time to decide about diversion and to figure out how to deal with...

I agree with Mr. Huterli where he refers to Oregon statute and where he suggests determining the laws in the state(s) where you will be traveling. However, complying with Oregon law is likely sufficient because Oregon has jurisdiction over the child (I'm assuming child has been residing in Oregon for at least the last 6 months). I suggest that you make sure the parent(s) or legal guardian(s) who granted you the POA are OK with you taking the child on the trip. If they agree (get it in writing...

It's common for one party to be awarded sole possession and sole responsibility for a residential property as part of a divorce decree but to be unable to qualify for a refinance. The practical effect of this situation is that the other party is left on the mortgage as a co-debtor. Depending on the exact wording of your divorce decree you may or may not have recourse to a proceeding to enforce the contract. But unless your divorce decree specifically ordered your ex to either either refinance,...

I agree with previous answers but add that if you are getting child support and use a ReliaCard VISA, you might want to change the name on the card. Contact your Child Support Program case manager, who can walk you through the name change process. Once your name is updated Child Support will notify U.S. Bank and they will issue you a new card.

Sounds like you need to make a decision regarding priorities. Which is more important: the divorce or the business? If the divorce is more important, put the business on the back-burner and focus on getting the divorce done. From what you say, I perceive that you are going to have a lot of issues to deal with, the first of which is to ask the court to order husband to provide you with funds to live on during the divorce litigation and also possibly money to hire a lawyer. That could just be the...

You can put Santa Claus as the father if you want, so putting your boyfriend's name on the birth certificate is not a problem. But that is assuming your husband is not there wanting his name on the birth certificate. That could cause some confusion. But my question for you is what do you mean when you say you are "trying" to get divorced? It is not that difficult to get divorced in most states. Sounds like your priorities are mixed up.