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Clarke Balcom
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Clarke Balcom’s Answers

24 total

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

    Our daughter was born 5/29/11. At this time she had Medicaid and Regence Blue Cross/Blue Shield. In 5/12, we filed a 1.5 million dollar medical bankruptcy. Now, 2 1/2 yrs. later, Regence sent us a letter stating the following, "on 8/25/11, heal...

    Clarke’s Answer

    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.)

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  • Do I have to pay for my ex's debt on a joint credit card if he files bankruptcy?

    The account is with Best Buy, we were not married and I have not made any purchases for almost 10 years. When we broke up, I tried to remove myself from the account and was told I couldn't until the card was paid off. He has maxed it out and it is...

    Clarke’s Answer

    I agree with Mr Balena and Mr Elie -- you are responsible for any joint debt. Unfortunately Mr Fetzko is not entirely correct: as an authorized user, if you used the card, you undoubtedly signed an agreement to pay the charges made. Therefore you can be held responsible for those debts.

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  • I just got a letter ,,from a collection agency,,,that they put a lien on my property,,,all i have is a 5th wheel that i live in

    and have a jeep,,,,,im disabiled,,on ssi.,,,,,i live in a rv park,,,,,,,it didnt say what property or it wasnt signed with judge signiture,,,,this company is in another state......what can i do to stop this,,,,i have no money,,,,they say i owe 160...

    Clarke’s Answer

    Your SSI is "exempt" (protected) from collection. And here in Oregon also up to $40,000 for your 5th wheel since it is your home and your car to $3,000. I agree with Mr. Gillman that you should set up a consultation with an Oregon attorney to see what your risks and options are.

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  • Hello, I owe the Oregon Department of Revenue.

    Hello, I owe taxes because of an audit of my 2008 and 2009 taxes. I owe $33,000 and have a payment plan with Oregon department of revenue. I pay $400.00 a month. I have been asked to provide financials to determine if I can pay more. Th...

    Clarke’s Answer

    • Selected as best answer

    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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  • Can a judicial foreclosure proceeding be taken on Deed of Trust with "power of sale" clause in it?

    My Deed of Trust made in Oregon has a power of sale clause, which causes it to fall under "non-judicial" procedure. Does Oregon law allow a Deed of Trust with a "power of sale" clause to be foreclosed on through "judicial" procedure?

    Clarke’s Answer

    Yes. You should talk to an Oregon attorney very soon to discuss your options and defenses. We can often save the home, but after the sale it is less possible.

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  • HELP!! I Need The Help Of An Attorney Fast, But Am On A Fixed Income!! Can Some One Help Me?¿

    The state of Ore is trying yo take my house!! My common law husband passed away in Jan & Now the state of Ore is trying to take my house to pay money they say he owes them.I had my first question answered by 3 of your attorneys& They all told me t...

    Clarke’s Answer

    A common law marriage cannot be created in Oregon. If you are depending on this you are out of luck. If your late partner owed taxes, then yes the state will likely take his property to satisfy the debt. If you are not on the deed and did not pay for the property you have no interest in it. Sorry. May be time to move on.

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  • How does Parol evidence rule apply when written contract is not presented in court.

    I'm being sued by a debt buyer, They are not presenting the terms and conditions of the original agreement yet a custodian of records affidavit references the terms of that agreement. It seems to me that that testimony as to the terms would violat...

    Clarke’s Answer

    Mr Berkus is correct regarding the parol evidence rule and best evidence rule. I've only had occasion to use the latter rule once in court, and the former not at all. The bottom line is that if its your debt, the credit can probably obtain a judgment against you. You should really consult very soon with an Oregon attorney who deals with debt defense and bankruptcy to see what your risks and alternatives are.

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  • Oregon vs Federal bankruptcy exception question.

    As I understand it in oregon i can elect either the oregon or federal exceptions. I do not own a home so im wondering if the federal unused homestead exception can be used to exempt other personal property. firearms and other recreational equipme...

    Clarke’s Answer

    Yes, if you do not own a home, you should use the federal exemptions. As Mr Blaskowski correctly states, you can use half of the unused homestead exemption to exempt other property.

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  • Statute of limitations on taxes due? is it ten years as i was told by an IRS agent or are there exceptions?

    I am being pursued by a revenue officer for taxes due from the years 2000-2003 i was informed by another IRS agent( 3 years ago when dealing with this same subject) that taxes over ten years old were not collectible or that there was a statute of...

    Clarke’s Answer

    Yes, as to the IRS, they adhere to what they call the CSED - Collection Statute Expiration Date. To state it precisely, it runs ten years plus 30 days from the date of assessment of the tax. So it doesn't even start until the IRS has determined for themselves what exact tax is due. This can be based on a return filed by the taxpayer or their own substitute for return or after an audit that may go for months or years. Then as Ms Campbell points out, several occurrences may temporarily stop that ten-year clock, which will then extend the time beyond the original ten year point.
    I would also mention, since I am also in Portland, that the Oregon Department of Revenue has no such ten-year limitation on collection.
    Both IRS and state income taxes are subject to discharge in bankruptcy provided certain filing and time requirements are met, which it appears you may have satisfied. Good luck.

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

    I will be all paid up as of 1 April. I was told that there is a way to request to have some or even all of your penalties and interest refunded to you. For me this was over $11,500 , what is the chance of getting any of this back or am I just wast...

    Clarke’s Answer

    • Selected as best answer

    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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