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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: 503-946-9039
Fax: 503-272-7796
Selected to Super Lawyers: 2020 - 2022
Licensed in Oregon Since: 1995
Practice Areas: Bankruptcy: Consumer (70%), Creditor Debtor Rights: Consumer (30%)
Attorney Profile

Michael D. O’Brien devotes his practice to helping consumers and small businesses that have become overwhelmed by their seemingly insurmountable financial obligations. As the founder of Michael D. O’Brien & Associates, PC, he represents clients throughout much of the state of Oregon from the firm’s main office in Portland as well as from its satellite offices in Bend and Clackamas.

The primary portion of Mr. O’Brien’s caseload involves advising his consumer clients as to whether filing for bankruptcy would be an appropriate choice, and if a decision to proceed has been made, discussing the differences between Chapter 7 and Chapter 13 bankruptcies along with the eligibility and other requirements for each. When Chapter 7 is the process that needs to be taken, he advises them as to what assets are exempt from liquidation under both federal and Oregon law. For those of his clients who have a reliable stream of income and who qualify for Chapter 13, Mr. O’Brien assists them in the preparation of the required repayment plan and submits it to the court for its approval. He has also worked with small businesses and their owners who are seeking Chapter 11 protection.

There are situations in which some of Mr. O’Brien’s clients have been pursued by their creditors or by collection agencies that had purchased the debt and were using abusive and, in some cases, illegal tactics in attempting to collect it. In these cases, he filed lawsuits on behalf of his clients under the federal Fair Debt Collection Practices Act or other governing laws seeking to stop the harassment, threats and abuse. Mr. O’Brien has also helped his clients defend against debt collection lawsuits on various grounds, including the expiration of the applicable statute of limitations.

Michael D. O’Brien is a debt relief agent. He helps people file for bankruptcy under the Bankruptcy Code.

Practice Areas
  • 70%Bankruptcy: Consumer
  • 30%Creditor Debtor Rights: Consumer
Focus Areas

Bankruptcy Law, Collections, Debt Discharge, Foreclosure, Loan Modifications

Selections

3 Years Super Lawyers
  • Super Lawyers: 2020 - 2022

White Papers

  • Consumer Bankruptcy News - Thomson Reuters, Volume 32, Issue 1 - October 5, 2021 (2021) - Case note highlighting In re Gilgan, 2021 WL 4047463 in which Debtor is awarded attorney fees against Nissan Motor Acceptance Corporation by successfully defending a motion for relief brought by Nissan.

About Michael D. O'Brien

First Admitted: 1995, Oregon

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

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 achieve 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, 2016, Author, Vesting of Property in Chapter 13 - Does it restore the "Fresh Start"?

Educational Background

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

Special Licenses/Certifications

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

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

Pro bono/Community Service

  • Volunteer Pro Bono lawyer. With in-person clinics canceled in 2020, Mr. O'Brien accepted direct referrals to continue providing service to those in need, 2021
  • Volunteer Pro Bono lawyer. With in-person clinics canceled in 2020, Mr. O'Brien accepted direct referrals to continue providing service to those in need, 2020
  • Volunteer lawyer to provide Pro Bono bankruptcy services thru the Oregon State Bar Debtor-Creditor Section, 2019
  • 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, 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 twice annually to provide pro bono legal assistance through the Oregon State Bar Debtor-Creditor Section/Oregon Legal Aid Bankruptcy Clinic, 1996

Representative Clients

  • Individual chapter 13 client current on post-bankruptcy mortgage payments struggles with Selene Finance who serves as loan servicer and cannot seem to get their accounting right.  Successfully litigated to achieve Stipulated Facts establishing current status of loan and satisfactory remunerative sanction paid., 2021
  • An individual rental property owner successfully navigates the new Chapter 11v of the bankruptcy code and obtains court approval of his reorganization plan in less than 90 days after filing of the petition for relief., 2020
  • 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
  • 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.

Verdicts/Settlements

  • Successfully assisted local auto body repair shop through Chapter 11 bankruptcy culminating in Confirmation of Plan of Reorganization and requiring litigation to determine extent and priority of competing secured liens., 2021
  • Successfully assisted local winery through Chapter 11 bankruptcy culminating in Confirmation of Plan of Reorganization and imposition of temporary injunction against lender to protect individual winemaker, 2021
  • 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 resolved mortgage accounting errors committed by Nationstar Mortgage LLC ("Mr. Cooper") to protect Oregon homeowner.  Settled for $20,000 without a confidentiality clause., 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

Bar/Professional Activity

  • Appointed by Oregon Supreme Court as Mentor to a new lawyer entering practice in Oregon, 2021
  • 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, 2018

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: 503-946-9039

Fax: 503-272-7796

Last Updated: 1/9/2022

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