Judge McKittrick confirmed Michelle Gilgan’s Chapter 13 debt repayment plan in July 2019.
The plan indicated the Gilgan would continue making monthly payments to Nissan Motor Acceptance Corporation. However, Nissan filed a motion for relief from the stay on October 1, 2020, alleging that Michelle Gilgan failed to pay the monthly lease for three months.
Gilgan tried to dispute the amount owed and the number of delinquent payments.
Judge McKittrick held two preliminary hearings during which Gilgan accused Nissan of not cooperating and failing to provide the information she requested regarding her alleged default.
During the hearing, Nissan’s attorney had no documents or witnesses available to offer as evidence. On the other hand, Gilgan’s counsel provided enough proof that Giglan made the necessary payments to cure the alleged default.
Judge McKittrick denied the stay for relief motion, and Gilgan was awarded $4,123 attorney fees. For anyone to be awarded attorney fees in Oregon, three things must be present:
- The motion must be based on a contract
- The claimant must be the prevailing party
- The fees requested must be reasonable
Our reliable Portland bankruptcy attorney, Michael D. O’Brien, represented Gilgan, a Chapter 13 debtor, during this complicated court process.