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(503) 786-3800

Oliveros & O'Brien, P.C.

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tel: (503) 786-3800
fax: (503) 786-3885

9200 S.E. Sunnybrook Boulevard, Suite 150
Clackamas, OR 97015

Family Law and Criminal Law Interplay

Oliveros & O'Brien, P.C. maintains a comprehensive legal practice, enabling us to assist clients with family and criminal law matters that often go hand-in-hand with insolvency issues. Ours is one of the only firms in Portland, Oregon with expertise in family law, criminal law, and bankruptcy. For this reason, other lawyers often consult with our firm or refer clients to our attorneys.

The Interplay of Divorce & Bankruptcy

In many cases, financial and marital issues are intertwined, with one set of problems sometimes exacerbating the other. Divorcing spouses who are considering bankruptcy often wonder if they should file for divorce or bankruptcy first. This determination depends on many factors, and each unique situation must be examined thoroughly. However, filing for bankruptcy before divorce may be advantageous for the following reasons:

  • Bankruptcy law allows married couples to file jointly, which means the parties can exempt double the amount of property than a single filer.
  • Joint filing avoids two separate attorneys' fees after the divorce.
  • If bankruptcy is filed before the divorce, the issue of debt will not need to be litigated during the divorce, saving the parties time and money.
  • If the parties seek to file Chapter 7, joint filing will allow for a higher income threshold, thus increasing the likelihood of eligibility.

Divorcing spouses need to be aware that there is joint liability for debt acquired during the marriage. While debt may be divided upon divorce, the divorce court cannot alter the original contract with the creditor. This means that if the spouse ordered to pay a certain debt fails to honor his or her obligation, the creditor may come after the other spouse. In these cases, the only remedy is a contempt action against one's former spouse. We have experience representing clients in contempt of court proceedings, and understand how to enforce our clients' rights and interests in these matters.

Criminal Law & Insolvency

Our attorneys regularly help clients address debt concerns and financial difficulties that may affect one's decision to defend criminal charges. Unfortunately, sometimes protecting one's liberty can lead to insolvency, and ultimately, to bankruptcy. However, mounting your best defense to charges brought against you is a right that should not be sacrificed. With our experience and expertise, we are able to offer effective criminal defense representation in tandem with insolvency counsel, giving our clients the legal resources they need to overcome this difficult situation.

In some cases, financial problems may have caused clients to mishandle their finances, leading to bounced checks or debit card transactions involving non-sufficient funds. Misdemeanors such as these may be settled via civil compromise, a form of restitution that that avoids criminal prosecution. We are able to handle these matters as part of our insolvency practice.

Seek Experienced, Comprehensive Representation

Along with providing bankruptcy and insolvency counsel, we are often able to help clients with family and criminal law matters as well, truly allowing our clients to put past problems behind them and make a fresh start. If you seek relief from debt while facing divorce or criminal charges, please contact Oliveros & O'Brien, P.C. for informative and honest advice. We offer free initial consultations on most matters.