One of the questions that our Portland estate planning lawyers do not ever want to answer for our clients is, “What happens if you die without a will?” If your loved one dies without a will and fails to make an estate plan that states their final wishes, then the state of Oregon dictates who receives their estate. Even if you think you are not leaving many valuable possessions behind, an estate plan can help your family or inheritors avoid costly disputes after your death and ensure that your wishes are followed. At Michael D. O’Brien & Associates, P.C., we…
Chapter 13 Debtor Successfully Awarded Attorney Fees
Successful Defense of Stay of Relief Motion in Portland, OR
A chapter 13 debtor successfully defended a motion for relief from the automatic bankruptcy stay with the help of Michael D. O’Brien, our reliable Chapter 13 bankruptcy attorney in Portland, Oregon.
Michelle Gilgan is now entitled to recover her attorney fees from the movant under the state’s reciprocal fee statute.
In some instances, a motion for relief from the automatic stay requires the Portland bankruptcy court to assess whether the debtor defaults on the contract in question. The motion for relief is based on the contract to apply the reciprocal provision.
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.
Consult a Portland Chapter 13 Bankruptcy Attorney
If you’re like Gilgan and you need help with your bankruptcy filing, don’t hesitate to consult our Chapter 13 bankruptcy attorneys in Portland, Oregon. We are more than happy to help you protect your rights and help you get a fresh start.
To know more about our bankruptcy and debt alternatives services, such as Chapter 7 bankruptcy and Chapter 13 bankruptcy, don’t hesitate to schedule an appointment with our Portland bankruptcy law firm.
Our Oregon Attorneys are here to help!