In 2017, the Oregon Legislature enacted the new Oregon Receivership Code (“Code”), which took effect on January 1, 2018. Previously, Oregon’s Receivership State defined types of receiverships which allowed very little flexibility. The Code provides an … [Read more...] about Oregon’s Receivership Statute
Selecting the Right Entity: General Partnerships
In keeping with the theme of previous articles, the next legal entity I will focus on is a general partnership. Similar to sole proprietorships, general partnerships are simple in structure and operation. An obvious differentiating factor, though, is … [Read more...] about Selecting the Right Entity: General Partnerships
Debtor’s Misrepresentation to a Creditor
Can a Debtor’s misrepresentation to a Creditor, made specifically to get the Creditor to extend credit, be the basis of claiming the obligation is nondischargeable in the Debtor’s bankruptcy? If the misrepresentation is not in writing and relates to a … [Read more...] about Debtor’s Misrepresentation to a Creditor
Should You Have A Power of Attorney?
It is certainly a good idea for each of us to sign and maintain in effect a Power of Attorney. A Power of Attorney authorizes another person (your “agent”) to act for you in handling your financial affairs and property. Powers of Attorney can be either … [Read more...] about Should You Have A Power of Attorney?
Land Sale Contracts, Lease/Option, or Seller-Financing – Which Agreement Should You Choose?
Land sale contracts, lease/options, and seller-financing all allow a buyer to acquire an interest in property while leaving the seller with title or another form of security. So what purposes are served by each? For a seller, a land sale contract … [Read more...] about Land Sale Contracts, Lease/Option, or Seller-Financing – Which Agreement Should You Choose?