Bankruptcy Attorney in Oregon (Portland, Bend, and Clackamas) When you file bankruptcy under Chapter 13, keeping your tax refund depends on your repayment plan as well as the total amount you will repay your creditors. If you face an unanticipated difficulty, you can petition the court to change your plan in Chapter 13 and exempt the payment of your tax refund. Find out if you can keep your tax refund in Chapter 13 bankruptcy, if you qualify under Chapter 13, as well as what can be expected under Chapter 13 by consulting Michael D. O’Brien & Associates, P.C., a bankruptcy…
Eviction Moratorium Expiry in Oregon
Bankruptcy Attorney in Oregon
The dread of foreclosure is one of the most important aspects today due to the eviction moratorium Oregon expiration. Whether you’re facing financial difficulties resulting from a job loss, divorce, medical expenditures, or other issues, the risk of losing your house is a sad reality. Depending on your circumstances, bankruptcy under Chapter 7 or Chapter 13 may be able to help you avoid foreclosure and, in some cases, keep your home.
We, at Michael D. O’Brien & Associates, P.C., help families suffering foreclosure and other debt-related concerns. Our bankruptcy firm in Oregon helps clients in regaining firm financial footing and moving on to better things through smart bankruptcy filings. Some advantages of filing bankruptcy include delaying foreclosure activities and ending harassment from mortgage company collectors in certain situations.
What to Do if You’re at Risk of Eviction?
Renters who have been unable to pay their rent due to the epidemic have been protected from eviction for over a year. Still, the eviction moratorium in Oregon on such procedures is set to expire on July 31. Millions of families might be at risk at that point since the billions of dollars in government rental aid allowed by Congress has taken a long time to reach individuals, and around 16% of renters in the United States are still behind on their payments.
According to our experienced bankruptcy lawyers, if you’re concerned about getting evicted from your house, you should take these procedures as soon as possible.
Apply for Rental Assistance
Congress has committed more than $45 billion in rental assistance in the previous two big stimulus packages, and you might receive up to 18 months of aid, including a combination of back and future rent payments. At least one member of your family must qualify for unemployment benefits or certify in writing that they have lost income or suffered substantial costs due to the epidemic to be eligible for financing. You’ll also need to show that you’re at risk of being homeless, which might include a notice of past-due rent or electricity bills.
Furthermore, your income for 2020 cannot exceed 80% of your area’s median income. However, states have been told to favor applicants with incomes of 50% or less, as well as those who have been unemployed for 90 days or more. The National Low Income Housing Coalition gives a state-by-state breakdown of the 469 federally funded housing programs.
Know Your Rights
Because the Center for Disease Control (CDC) order is not retroactive, any eviction between August 1 and August 3 is not covered by the new moratorium. The prolonged moratorium applies to any evictions for nonpayment of rent that began before the ruling but have not yet been finalized. The eviction prohibition has been extended until October 3.
Here’s where you could still be on the verge of being evicted. The CDC directive states that the restriction will be lifted if any U.S. county covered by the order does not have a significantly high number of Covid-19 cases for 14 days in a row. Your rights will revert to what they were before the epidemic if and when the eviction restriction is repealed, with limited exceptions for tenants who are still struggling financially due to the virus.
Because of a July 29 declaration from the Biden administration, tenants of single-family houses subsidized by the federal government, notably the departments of Housing and Urban Development, Agriculture, and Veterans Affairs, are still protected until September 30.
Tenants in at least ten states and the District of Columbia will be protected from the epidemic until August. California, Hawaii, Illinois, Maryland, Minnesota, New Jersey, New Mexico, New York, Oregon, and Washington are included. Some states and counties have eviction restrictions, so check with your local government first if you’re facing eviction for nonpayment.
How Long Do I Have Before My Landlord Can Evict Me?
The new eviction prohibition may provide you extra time if your neighborhood witnesses a high number of coronavirus infections. If you reside in a community where the eviction moratorium has been extended in addition to the new CDC order, you may be eligible for a respite.
It might take days or weeks if you reside in a location where the Covid-19 safeguards are still in effect. The length of your stay will be determined by the state of your local legal system and your relationship with your landlord.
Tenants who have been late on their rent for months or longer and are already facing eviction procedures should be especially cautious since courts that begin eviction proceedings may prioritize those cases.
Renters who have a tense relationship with their landlords should be concerned because landlords frequently prioritize the eviction of tenants who they believe are not complying or who they can easily replace with a tenant who can pay more rent.
Can My Landlord Just Kick Me Out Now?
You cannot be evicted if the new CDC directive covers your location. Eviction rules still apply even if your landlord isn’t insured. Landlords must follow the regulations as they were before the outbreak. If they are going to court to evict you, they must lawfully warn you that you are in breach of your lease or default and that they are going to court to remove you.
What Should I Do if My Landlord Tries to Illegally Lock Me Out of My Rental?
Your landlord cannot just evict you from your home. This isn’t to say that the landlord won’t try to intimidate or threaten you or even take criminal action against you. The landlord, however, cannot block the entrance to the apartment or home until a court sanctions the eviction. The locks can’t be changed, and your personal belongings can’t be taken away. Your utilities can’t be turned off, either.
Suppose your landlord attempts to evict you illegally, file a complaint with the local court. You could also contact the police and make it evident that the lockout is illegal.
Does the Eviction Moratorium Mean My Past-Due Rent is Forgiven?
The federal eviction prohibition stops the courts from handling some eviction cases, but it does not affect rent, late fees, fines, or interests. In areas of the country not protected by the moratorium, courts will resume eviction proceedings. Landlords who want to pursue lawsuits against their tenants will be permitted to do so again in some regions of the country.
What is the Safe Harbor Protection Policy for Tenants in Oregon?
Senate Bill 278, which was just approved in Oregon, gives renters more safeguards when seeking rent assistance and boosts money for landlords who owe past-due rent. Suppose a tenant has filed for emergency rental assistance and provided proof of their application to their landlord. In that case, they can escape termination and eviction for nonpayment of monthly rent until July 1, 2022.
What Do I Need to Do if I Am a Tenant and Cannot Pay My Rent?
Beginning July 1, 2021, tenants must pay their monthly rent according to the terms of their rental agreement. However, between July 1, 2021, and June 30, 2022, a tenant who has applied for rent assistance and given proof of their application to their landlord can escape termination and eviction for nonpayment of monthly rent.
These documents must be sent to a landlord reasonably, either by hand or first-class mail. Copies or images of the documents may also be sent via instant messenger or email. In an eviction proceeding, the tenant can produce documentation until the First Appearance court date. While the application is ongoing, the landlord is forbidden from initiating additional enforcement action for nonpayment.
If a renter has already filed for emergency rental assistance, a verification letter will be instantly issued to them, which they may give to their landlord. When submitting their proof of application for rent assistance to the landlords, tenants can use the verification letter as cover letter to exert their rights under SB 891.
Between April 1, 2020, and June 30, 2021, any rent and other charges that a renter could not pay are eligible for deferment. To postpone rent or additional costs that have accrued during this period, tenants do not need to present any verification of financial difficulty to their landlord.
Are You Behind on Your Mortgage and Afraid of Losing Your Home?
If you are a financially struggling homeowner, you may be months behind on your mortgage payments or on the edge of default. Being in these circumstances is highly stressful.
If you have received foreclosure letters as a result of the eviction moratorium Oregon expiration or if a foreclosure auction is on the horizon, bankruptcy may be able to help through the following:
- Discharge credit card debt, medical debt, and other unsecured debts to free up cash for housing and other necessities
- Make a payment plan to pay off your home debt
- Strip a second mortgage through Chapter 13
- Move out from under an unaffordable or underwater house
Every situation is different, and bankruptcy is not suitable for everyone. As experienced bankruptcy lawyers in Oregon, we at Michael D. O’Brien & Associates, P.C. can help you understand your options and develop a plan to help you reach your goals. Call us today or fill out our online form to schedule a free consultation.
Our Oregon Attorneys are here to help!