Michael D. O'Brien

Attorney Profile

Top Rated Bankruptcy Attorney in Portland, OR

Michael D. O'Brien & Associates, PC
 | 12909 SW 68th Pkwy, Suite 160
Portland, OR 97223
Phone: 503-420-7006
Fax: 503-272-7796
Selected To Super Lawyers: 2020
Licensed Since: 1995
Practice Areas:
  • Bankruptcy: Consumer (90%),
  • Real Estate: Consumer (10%)
    Attorney Profile

    Michael D. O’Brien, of Michael D. O'Brien & Associates, P.C., is a bankruptcy attorney in Portland, Oregon. As managing partner and head of the firm’s bankruptcy practice group, Mr. O’Brien focuses his practice exclusively on bankruptcy law. He helps clients with Chapter 7 and Chapter 13 bankruptcies, as well as civil defense, debt negotiation and foreclosure related matters.

    Serving clients in Portland, Beaverton, Clackamas, Gladstone, Gresham, Hillsboro, Lake Oswego, Milwaukie, Oregon City, Sherwood, Tigard and West Linn, Mr. O’Brien assists individuals and small business owners with complex bankruptcy and foreclosure issues. He has been certified as a consumer bankruptcy specialist by the American Board of Certification and has emphasized mortgage accounting and correcting mortgage servicing abuses in his daily practice.

    In addition to managing his law practice, Mr. O’Brien is an active member of the Oregon State Bar’s Debtor-Creditor section. He also belongs to the American Bar Association and the National Association of Consumer Bankruptcy Attorneys.

    Recognized for his accomplishments, Mr. O’Brian is the recipient of an award from the American Institute of Bankruptcy Attorneys, who named him one of the “10 best” in client satisfaction two years in a row. Additionally, in 2015, he received a client distinction award from Martindale-Hubbell.

    Mr. O’Brien received a bachelor’s degree in history from the University of Oregon and received his law degree from the University of Wisconsin School of Law. He acquired his license to practice law in 1995 and is qualified to practice law before all Oregon state courts, the U.S. District Court for the District of Oregon, the Ninth Circuit Court of Appeals and the Supreme Court of the United States.

    We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

     
    Practice Areas
    • 90%Bankruptcy: Consumer
    • 10%Real Estate: Consumer
    Focus Areas

    Bankruptcy Law

    Selections

    Selected to Super Lawyers for 1 yearsbottom-image

    Super Lawyers: 2020

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    White Papers

  • HB 4204 Oregon Foreclosure Moratorium (2020) - Explained implications of Oregon HB 4204 which established a temporary ban on foreclosures in Oregon due to the Covid-19 pandemic

  • HB 4213 Oregon Eviction Prohibition (2020) - Explained the implications of Oregon House Bill 4213 which temporarily prohibits evictions in Oregon due to the Covid-19 pandemic.

  • About Michael O'Brien

    Admitted: 1995, Oregon

    Professional Webpage: https://pdxlegal.com/portland-bankruptcy-attorneys/

    Honors/Awards:

    • Pro Bono Award - Legal Aid Society of Oregon and Oregon State Bar Debtor-Creditor Section, multiple years, Pro Bono Assistance, Legal Aid Society of Oregon, 2019

    Special Licenses/Certifications:

    • Certification as Consumer Bankruptcy specialist by American Board of Certification is renewed., 2017
    • Certified in Consumer Bankruptcy Law by the American Board of Certification and re-certified in 2012 and 2017, 2007
    • Certification as Consumer Bankruptcy specialist by American Board of Certification is renewed., 2012

    Bar/Professional Activity:

    • Appointed by Oregon Supreme Court to serve as Mentor to new lawyer entering the practice of law in Oregon, 2020
    • Active Member, Oregon State Bar Debtor Creditor Section since 1996
    • Appointed Member, Oregon State Bar Attorney Referral Fees Committee - charged to explore attorney referral fee allowance to improve access to justice for Oregonians

    Pro bono/Community Service:

    • Volunteer lawyer to provide pro bono legal assistance through the Oregon State Bar Debtor-Creditor Section/Oregon Legal Aid Bankruptcy Clinic and assisted two indigent Oregonians to obtain bankruptcy relief and a fresh start., 2016
    • Volunteer lawyer to provide pro bono legal assistance through the Oregon State Bar Debtor-Creditor Section/Oregon Legal Aid Bankruptcy Clinic and assisted two indigent Oregonians to obtain bankruptcy relief and a fresh start., 2015
    • Volunteer lawyer to provide pro bono legal assistance through the Oregon State Bar Debtor-Creditor Section/Oregon Legal Aid Bankruptcy Clinic and assisted two indigent Oregonians to obtain bankruptcy relief and a fresh start., 2018
    • Volunteer lawyer to provide pro bono legal assistance through the Oregon State Bar Debtor-Creditor Section/Oregon Legal Aid Bankruptcy Clinic and assisted two indigent Oregonians to obtain bankruptcy relief and a fresh start., 2017
    • Volunteer lawyer to provide pro bono legal assistance through the Oregon State Bar Debtor-Creditor Section/Oregon Legal Aid Bankruptcy Clinic and assisted two indigent Oregonians to obtain bankruptcy relief and a fresh start., 2019
    • Volunteer lawyer twice annually to provide pro bono legal assistance through the Oregon State Bar Debtor-Creditor Section/Oregon Legal Aid Bankruptcy Clinic., 1996

    Scholarly Lectures/Writings:

    • Lead article in the NACTT Quarterly - the official publication of the National Association of Chapter 13 Trustees.  This article addresses the use of vesting authorized by 11 USC 1322(b)(9) as a tool for a chapter 13 debtor to help acheive the fresh start promised by the Bankruptcy Code and specifically the fact pattern in BONY Mellon v. Watt, Oregon District Court Case No. 3:14-cv-02051-AA, Appeal pending to the Ninth Circuit Court of Appeals., Author, Vesting of Property in Chapter 13 - Does it restore the "Fresh Start"?, 2016

    Verdicts/Settlements:

    • Successfully litigated mortgage accounting dispute with Sun Trust Bank and obtained Order Allowing attorney fees in excess of $11,000., 2020
    • Successfully litigated and resolved Motion for Contempt against Select Portfolio Servicing Inc. for violation of previous settlement agreement and related mortgage accounting errors.  Consideration paid of $30,000 with no confidentiality provision., 2020
    • Successfully litigated and settled mortgage accounting dispute with Bayview Loan Servicing by homeowner going through bankruptcy.  Actual consideration paid subject to confidentiality clause., 2019
    • Successfully litigated and resolved mortgage accounting errors committed by Nationstar Mortgage LLC ("Mr. Cooper") to protect Oregon homeowner.  Settled for $20,000 without a confidentiality clause., 2020

    Representative Clients:

    • Educate, Expertise and Efficiency.  These are the words which drive the bankruptcy practice at Michael D. O'Brien & Associates.  With a team of four in the Bankruptcy Practice Group we have the expertise to handle the tough legal problems which often arise in the dynamic field of bankruptcy practice.  With nearly 7000 successfully completed cases under our belt we have developed practice tools that improve efficiency keeping costs down to our clients.Our representative clients range from college students to retiree's on fixed incomes.  The majority of our clients are college educated homeowners and small business owners who despite their hard work find themselves in financial difficulties.  Our legal tool bag includes not only chapter 7 and chapter 13 but also chapter 11, insolvency litigation, entity collapse and asset protection strategies.
    • Small business owner struggling due to Covid-19 related business slowdown in need of specific advice to prioritize payment of debt obligations and preserve cash flow.  Owner may have personally guaranteed business debt obligations and may have personal assets in need of protection., 2020

    Educational Background:

    • University of Oregon, Bachelor of Science Degree with a major in History, 1991
    • Wilson High School in 1986

    Industry Groups

    • Board Certified - American Board Of Certification
    • Member - National Association Of Consumer Bankruptcy Attorneys
    • Member - Oregon State Bar Debtor Creditor Section
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    Office Location for Michael D. O'Brien

    12909 SW 68th Pkwy
    Suite 160
    Portland, OR 97223

    Phone: 503-420-7006

    Fax: 503-272-7796

    Michael D. O'Brien:

    Last Updated: 9/11/2020

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