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Joanne Reisman

Joanne Reisman’s Answers

2,166 total


  • What are my rights as a grandparent in oregon?

    My son is not communicating and he won't bring my grandkids over to visit...he has no problem dropping them off at my exes. I am concerned my granddaughter misses me and my son is hooked on kratom...aka synthetic heroin ....all I want is to see ...

    Joanne’s Answer

    Generally speaking it is up to the biological parent to decide who visits the children and Grandparents can only abide by the decision of the biological parent. There can be exceptions to this but you would need to talk to an attorney to see if there is some exception that would allow you to intervene and have court ordered visitation rights. Other than that, you should do what you can to encourage them to visit with you. Maybe you can make peace with your ex and work out a combined visit with you and your ex. Or maybe you can improve your relationship with your son. You didn't mention the biological mother. The mother, if she is in the picture, could also arrange for visitation when she has the children. Your son's drug issue is troubling and that may be a good reason to talk to an attorney about this entire situation.

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  • Bankruptcy: Is a legal claim learned of in 2016 owned by me or the property of a Bankruptcy Estate which discharged in 2014?

    In 2014, I filed a Chapter 7 personal bankruptcy (no asset case), and received an order of Discharge in October, 2014. Prior to this case, I held an interest in an LLC which held a real estate asset. The LLC was administratively dissolved in 2...

    Joanne’s Answer

    First of all, you need to figure out if you really have any claims of any value. The statute of limitations for case involving fraud is usually 2 years although that can be extended if you didn't discover the claim right away - but even that is not guaranteed. The rule is whether you could have discovered the claim sooner, not that you actually discovered it now. So the first thing I would do is talk to an attorney about the viability of your potential claim. (If the theory of your claim is based on a breach of contract, the statute of limitation could be much longer.)

    So talk to an attorney to see if you even have a viable claim in terms of the statute of limitations. Also you have to determine if the claim is not time barred, would it be collectible if you pursue it. Just because you have a claim doesn't necessarily mean you will ever collect anything.

    After you go through those exercises, then you can talk to a bankruptcy attorney and see if you need to reopen your bankruptcy case and amend you filings. You may only need to notify the bankruptcy trustee of your newly discovered claim and the gist of whether it is viable or not. The trustee might determine that it isn't worth pursing. I would make sure you hire a bankruptcy attorney to do the notifying for you. Don't contact the trustee directly.

    In answer to your question, any potential lawsuit that existed on the date you filed your bankruptcy would be considered an asset of the bankruptcy estate. The trustee would then be able to decide if they want to pursue it or note. That normally involves the trustee hiring an attorney to pursue the claim for the trustee. You might be entitled to some of the proceeds if there is an exemption that applies. You would also get the remaining proceeds after the trustee and your debts are paid off from the proceeds.

    The operative word here is "proceeds". If the debt is never collected or can't be collected the fact that you have a potential claim may be worthless. You will need some proper legal advice to figure this out. Just e aware that you may have a duty to inform that bankruptcy trustee of this newly discovered potential asset even if you don't think it's worth pursing.

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  • If im under the age of 18 and get married does that make me legally emancipated?

    me and my boyfriend are getting married with are parents consent and i was wondering if that made us legally emancipated so we can move out and get an apartment

    Joanne’s Answer

    According to ORS 109.520, when you get married you are deemed to be the age of majority under Oregon law, which is age 18. http://www.oregonlaws.org/ors/109.520 But beware, you are still what ever age you are chronologically for anything under Federal Law - so for example, you can't buy cigarettes. So yes, you can get an apartment and sign a contract for that financial transaction and you will be fully liable for anything that goes wrong. You will also be charged as an adult if you commit a crime. FYI you and your boyfriend have to be at least 17 years of age to get married. http://www.oregonlaws.org/ors/106.010. Because if you are already 17, you only have to wait until you are 18 to get married - why rush? Give it some time and make sure you know what you are doing. Over half the marriages end in divorce, and the risk is even higher when really young people get married before they have had enough experience in life to figure out who they are as individuals and what they really want out of life.

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  • Can I sue my ex for attorneys fees for an uncalled drug out matter?

    My ex took me to court over custody after hardly being in my daughters life for 5 yrs. I hired one attorney then found out my ex's girlfriend works for the court house and was discussing my case with my attorney. I fired my attorney and reported h...

    Joanne’s Answer

    Most proceedings in family law cases allow either party to petition for the other party to pay their attorney fees. The court doesn't have to award the fees and in many cases the court simply won't award fees because the court thinks it is fair that both sides pay their own fees. But you are right, that in a situation where one party unfairly pushed a legal case that could have been avoided, the court may very well side with you and award fees. There still remains the major problem of actually trying to collect the fees even if they are awarded. Keep in mind that while you fight to get fees, you are paying your attorney more fees to get the attorney fees, and you will owe your attorney for their work even if you never are able to collect a dime from the father. Unless your ex is very wealthy and someone you could easily collect from, I would just cut my losses and drop the matter. Also, you have to have petitioned for fees during the case and cited a legal rule that allows you to get fees. If the case is over, it is probably too late to go back and seek fees now. Be glad that this man is out of your life.

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  • My question is can í file something to stop the acution im disable on ssi with no where to go ins was told he was Solé provider

    Okay un October of 2014 my husband was court order to leave the house where de both live at because of acusations of sexual abuse by daughter he never paíd the morgage payments and now its in forclousure my name is not on the papers but we have b...

    Joanne’s Answer

    Are you asking if you can file something to stop the foreclosure? Typically people will file a bankruptcy to stop a foreclosure but that is only a temporary solution. The lender then has the right to ask the bankruptcy court to release the lender from the bankruptcy stay so that the foreclosure can proceed and at that point the court will usually drop the stay unless the debtor, you, can prove that you have figured out a way to pay the mortgage which will include catching up all the payments that you have missed so far. If you are on SSI you probably don't have a lot of money and might not be able to make the mortgage payments as would be required to save the house. There is simply no way to force a lender to waive the mortgage payments in the long run and let you live in the house that you don't own. However, you can continue to live there during the foreclosure process. After the house is foreclosed and possibly resold, you can still live there until someone evicts you because once it is foreclosed, your status will be as a tenant, like a renter, and they have to file an additional proceeding to evict you. So up until you get your final eviction notice you can live there rent free. Sometimes the new owner of a foreclosed property will turn around and work out a deal to rent it to the prior owner that was foreclosed but is still living there. You can't count on that happening but it could. You need to start looking for alternative housing and have something lined up for the day when you have to move out, even if it is moving to live with friends or relatives. If you are on SSI you should see if you can get additional social security benefits for you daughter if she is a minor. That would help you have more money to live on.

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  • How long do I have to file a Status Quo or petition a move?

    The mother of my children decided to move more than 60 miles away. I was served papers on the move and I would like to file a Status Quo but my lawyer is out of town. Do I have a specific time frame to file a Status Quo? I do not think it is i...

    Joanne’s Answer

    Unless the prior Judgment dealing with custody and parenting time specifies what the notice procedure is if one parent wants to move, and that specific rule states you have to file an objection within a limited amount of time, I don't think there is any deadline to file your objection. You obviously want to file before the move takes place as a practical matter, and preferably as soon as possible. Call your lawyers office and let someone know what is going on. Even when Lawyers are on vacation they typically check their messages unless they are in a remote location where that isn't possible. Many lawyers will leave instructions with their staff as to who to refer clients to during their absence. So you should at least be able to figure out what if any deadlines you have to file something. If you absolutely can't get a message to your lawyer, take your paperwork that discusses your current custody situation and parenting plan to another lawyer, and make sure that you aren't missing any deadlines.

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  • How can my daughter get her funds back?

    My daughter opened an account for college and her mom opened it under her name. The only funds that have ever gone into the account has been from my daughters pay checks from her jobs. She has asked her mom to relinquish the funds but she has refu...

    Joanne’s Answer

    It is not clear why this is a problem. How old is your daughter? Is she still planning to go to college? I suppose you could tell your daughter not to put anymore paychecks into this account. You could help her open a different college savings account. But if your daughter is under age 18 and still planning to go to college, and mom will eventually give her the funds to use for college, I really don't see why this is a problem.

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  • Can I take the car back from the car lot

    I have recently split from my girlfriend of 9 years. We own a car together. Both are on the title. She traded it into a car lot yesterday. How can than be legal when I didn't sign off on the title.

    Joanne’s Answer

    She can't transfer a car without your signature if both names are on the title. She may have forged your signature which would be a crime. I suggest you go and investigate what is going on. Go and talk to the car dealer. The other possibility is your name simply isn't on the title.

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  • Can í get half equity on the the house if its in forclosure now

    Okay ive been married for almost 6 yeaes my husband left to México and never comminf back my name is not on house. papers bit he was Solé orovider

    Joanne’s Answer

    This isn't a question - it is not clear if you are seeking help to get divorced or if you want to save the house from foreclosure. Understand that a divorce court can transfer a house in your husband's name to you but you would still have to deal with the lender and be able to pay for the loan. As for getting support from your husband, while an Oregon court might have jurisdiction to order spousal support, trying to enforce it in Mexico would be very hard and probably not worth it unless your husband has decent income in Mexico You should probably see an attorney in Oregon to at least figure out your best options.

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  • If a non-custodial parent has moved states but has not updated the visitation plan, does visitation still have to happen?

    Father has full legal/physical custody. Kiddos bio mom was living in one state and the current order states she pays for them to fly to see her. She has moved to a different state and is living in a motor home. For her month long summer visit she ...

    Joanne’s Answer

    This entire scenario is written like it is by someone that is neither the mother or the father. I just don't think it is helpful for someone that is not the party with the legal problem to try to trouble shoot an answer with an attorney. I know it is tempting because you want to help but for a meaningful discussion the person that has first had knowledge of the problem and the legal right to do something about it, should be the person that is looking for the legal advice.

    That said, the only way to truly answer this question is if dad takes the parenting plan that he currently has to an attorney and discusses his concerns. Vague statements like "she doesn't have a good track record" is not helpful. Also parents travel all the time on summer vacations and this often involves crossing state lines. There is no general prohibition about vacation travel. Moving permanently is a different story and the limitations in parenting plans on moving are generally mileage - you can't move more than 60 or 100 miles. Moving to Vancouver Washington if your ex lives in Portland simply is not a big deal.

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