Clarke Balcom’s Answers

Clarke Balcom

Portland Bankruptcy Attorney.

Contributor Level 7
  1. Receiving gift after bankruptcy?

    Answered 6 months ago.

    1. Clarke Balcom
    2. Shaye Larkin
    3. Christopher Daniel Leroi
    4. Gary D. Bollinger
    5. Scott Benjamin Riddle
    6. ···
    7 lawyer answers

    Yes, a gift received after the filing of the bankruptcy does not become part of the bankruptcy estate. An inheritance within 180 days of the filing would, but not a gift as long as it's after the case was filed.

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  2. In Oregon can I be sued for a debt that is 12 years old?

    Answered 7 months ago.

    1. Jay Bodzin
    2. Jeffrey Scott Milstein
    3. Shaye Larkin
    4. Emily S. Gomez
    5. Clarke Balcom
    6. ···
    7 lawyer answers

    Well many of the other answers would be correct in some states but not in Oregon. Here we have an odd statute of limitations which is only what is called an "affirmative defense." It must be raised in the first appearance or Answer or it is lost. Thus it does not prohibit a collection suit after 6 years but provides a defense if done soon enough and correctly. The other fact you mention though is important: If the debt is not yours, you should say so in writing and keep a copy of the letter....

    4 lawyers agreed with this answer

  3. What happens if I don't pick up a certified letter from the post office that I suspect is from a collections attorney?

    Answered 5 months ago.

    1. Jay Bodzin
    2. Yunus M. Paisner
    3. Shaye Larkin
    4. Christopher Daniel Leroi
    5. Clarke Balcom
    5 lawyer answers

    I agree with the other responses but would add that the 6-year statute of limitations defense in Oregon is one that must be raised in the first response (Answer or Motion filed with the court). If not, it is waived and cannot be used. So yes, get the mail and consult with a local attorney who handles collection defense and bankruptcy.

    3 lawyers agreed with this answer

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  4. Hello, I owe the Oregon Department of Revenue.

    Answered 3 months ago.

    1. Clarke Balcom
    2. Dara J. Goldsmith
    2 lawyer answers

    There is a ten-year limitation on collection by the IRS, but no such limit in regard to the Oregon Department of Revenue (ODR). The ODR cannot take your home for unpaid tax debts if you have less than $40,000 in equity. They can garnish wages and bank accounts. You should discuss your overall situation with a tax and bankruptcy attorney to see what your risks and options are.

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  5. What is the statute of limitations on medical bills in the state of Oregon?

    Answered about 2 months ago.

    1. Clarke Balcom
    2. Jay Bodzin
    3. Sandra A Kuhn Esq.
    3 lawyer answers

    It is unlikely that you listed the insurance company in your bankruptcy since you were not aware of any debt to them at that time. However it probably does not matter if your case was a "no-asset case," as most chapter 7 cases are. The reason is even if they had gotten notice they would not have gotten any distribution. Just send them a copy of your discharge order from the bankruptcy court, and they should drop the matter. (If they continue after that, they're in violation of the discharge.)

    3 lawyers agreed with this answer

  6. Bankruptcy and taxes, do I pay any taxes on discharged debt?

    Answered over 4 years ago.

    1. Clarke Balcom
    2. Grant Winfield Patten
    3. Mitchell Paul Goldstein
    3 lawyer answers

    Internal Revenue Code Section 108 generally treats cancelled debt as taxable income; however, it also lays out certain exceptions, including a discharge of debts in bankruptcy and others. Be aware that even though debts cancelled in bankruptcy are not taxed as income, they can reduce what are called "tax attributes," such as loss carry-forwards and basis in property, though these do not affect most of my clients. IRS Form 982 is the form to use, or have your accountant use, if you receive a...

    4 lawyers agreed with this answer

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  7. I have been Garnished from Oregon for not filing taxes for 5 years. $22,000 later Next month it is over.

    Answered 4 months ago.

    1. Clarke Balcom
    2. Heather A Brann
    3. Matthew Scott Berkus
    3 lawyer answers

    It appears I'm the only Oregon tax attorney to answer so far. If you haven't actually filed your own tax returns yet, you may be able to reduce the tax owed. When the government filed a substitute for return (SFR), it is almost always higher. Overpayments paid within the last two years would then be refunded. Otherwise if, as mentioned above, you can show good cause why you didn't file, you may get some or all the penalties abated.

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  8. Would short-selling a condo held in deed and mortgage only in my name affect my husband's credit? What are my tax repercussions?

    Answered 5 months ago.

    1. Clarke Balcom
    2. Brian Lanny Mikulencak
    2 lawyer answers

    Since your husband is not on the loan, a foreclosure or even lates would not affect his credit. If the investment property is sold in a short sale or foreclosure and debt is written off, you may get a 1099 for cancellation of debt, which can be taxable as ordinary income. See a tax lawyer or CPA as to how this may apply to your specific tax situation. Good luck.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Fraudulent medical billing resulted in collections.

    Answered 4 months ago.

    1. J Christopher Minor
    2. Gregory L Abbott
    3. Clarke Balcom
    3 lawyer answers

    Mr Abbott and Mr Minor are correct: You need to act soon since there is normally only two weeks to respond to a small claims case, as contrasted with 30 days in a regular state court case. There are risks, and I agree that it is prudent and worth your time and effort to meet with a local consumer law attorney for guidance.

    1 lawyer agreed with this answer

  10. If im in a non collectable acct with federal taxes can they take my federal return?

    Answered 5 months ago.

    1. Ryan James Buck
    2. Clarke Balcom
    3. Thomas J. Wagner
    3 lawyer answers

    I take it that by "in a non collectible account" you are referring to the IRS placing you in Currently Non-Collectible Status, or "CNCS." What this means is while you are so designated, they will not initiate collection from wages, bank accounts, etc. BUT they're not going to send a refund to you either. You should still file though or it could lead to bigger troubles.

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