Braunstein Law
PRACTICE AREAS
CHAPTER 7
Bankruptcy
Chapter 7 Bankruptcy is sometimes referred to as "liquidation" or "straight liquidation" bankruptcy. It allows you to get rid of your unsecured debts, such as credit cards, medical bills, personal loans, payday loans, auto loan deficiencies, etc., and get a fresh start. In return for for discharging (i.e., wiping out) your unsecured debts, the Bankruptcy Court has the right to sell any property you own that is non-exempt under the law. The Court does this by appointing a Trustee to take possession of whatever assets you own that are non-exempt, sell those assets and then use the money to pay off as much of your unsecured debts as possible. After that money has been distributed to the unsecured creditors, who typically receive only pennies on the dollar, the remainder of your unsecured debts are discharged and your personal obligation to pay them in the future is gone.
CHAPTER 13
Bankruptcy
Chapter 13 Bankruptcy, which is sometimes referred to as a "repayment" bankruptcy, allows you to pay back some or all of your debts over time. As with a Chapter 7, you are required to list all of your assets and all of your debts. But unlike in a Chapter 7, you typically do not have to worry about a liquidation of your non-exempt assets. Instead of selling your property to pay your debts, the Court accepts monthly payments from you for a period of 3 to 5 years (the bankruptcy plan period). These monthly payments are then used to pay your debts. One of the primary reasons you may choose to file a Chapter 13 bankruptcy is to stop a pending foreclosure and get caught up on mortgage payments. This allows you to keep your home so long as you keep your payments current after filing the bankruptcy. Another primary benefit of a Chapter 13 is that the majority of your attorney's fees are paid through the monthly payments you make to the Trustee.
In the State of Oregon, Driving Under the Influence of Intoxicants (DUII) is treated as a serious criminal offense with potential penalties including prison time, thousands of dollars in fines, lengthy license suspensions, and other consequences. However, an experienced attorney may be able to help you avoid some or all of those outcomes by demonstrating that the results of the chemical analysis were flawed, that your standard field sobriety tests were improperly conducted, or that other issues were present that invalidate your arrest. In addition, individuals who are charged with a DUII may be eligible for Diversion, which allows for dismissal of the charges upon completion of the program. A conviction can have long-lasting repurcussions, including not only the criminal penalties, but personal and professional consequences as well. It is crucial that you seek legal counsel from an experienced DUII attorney. Jacob is an experienced DUII attorney who will understand the best ways to approach your case and what types of defense strategy work best.
OREGON CRIMINAL DEFENSE
Because of the seriousness of most criminal charges, it is important to have experienced and knowledgeable legal representation in order to make the strongest possible case. We are prepared to assist you with criminal cases involving:
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DUII defense, including DUII Diversion Program and DMV Hearings
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Drug Crimes, such as Possession, Manufacture, Delivery of Controlled Substance
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Assault
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Domestic Violence
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Reckless Driving, Hit and Run, Driving While Suspended
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Criminal Mischief
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Harassment
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Ballot Measure 11
If you have been charged with a crime, you have the right to defend your rights and your livelihood. In some cases, the charges against you may be based on evidence which may be deemed to be inadmissible in court. Additionally, successful negotiation with the prosecution may be able to significantly reduce your charges or have them dropped entirely.