Michael D. O'Brien

Michael O’Brien’s practices focuses on discrete, customer-specific solutions for individuals and small business owners facing insolvency, bankruptcy or foreclosure problems.

With an eye towards protection of the individual and his/her family and assets, he strives to plan for a soft touchdown at difficult time as opposed to a crash landing. Mr. O’Brien is a results oriented attorney who helps his clients obtain common sense, practical results to get them back on the track to prosperity.

Michael O’Brien is one of only three attorneys in the state of Oregon who is certified as a Consumer Bankruptcy Specialist by the American Board of Certification. He is an active member of the Oregon State Bar and the National Association of Consumer Bankruptcy Attorneys.

He appears frequently before the Judges in the United States Bankruptcy Court for the District of Oregon and is admitted to practice before the District of Oregon, the Ninth Circuit Court of Appeals and the United States Supreme Court.

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Oregon

Since 1995

9th Circuit

Since 2012

U.S. Supreme Court

Since 2011

Managing Partner

Michael D. O'Brien & Associates, P.C.

Current

Judicial Intern with Honorable Janene Geske (Ret.)

Wisconsin Supreme Court

1993 - 1994

University of Wisconsin - Madison

J.D. (1994)

1992 - 1994

University of Oregon

B.S. (1991) | History & Political Science

1986 - 1991

SuperLawyer

SuperLawyer

2021

Selected To Super Lawyers: 2020 - 2021

Oregon State Bar  # 951056

Member

1995 - Current

Protections From Eviction in Oregon

The Legal Blog of Michael D. O'Brien & Associates

March 1, 2020

Bankruptcy Solutions for Individual Facing Foreclosure, Foreclosure Roundtable

January 12, 2012

Consumer Bankruptcy Specialist

American Board of Certification - abcworld.org

Q. A tow truck driver attached my car and lifted it while me and one other person was in the car.

June 10, 2020

A: The repo guy is not supposed to "breach the peace" in repossessing a car - did they know you were in it? I am not surprised that once it was hooked up they wouldn't drop it. As for your rights - you may have an action for damages against the repo company and could consider filing a small claims lawsuit with the local county court (they have easy forms to fill out and you can do so without a lawyer) or meeting with a lawyer to explore a demand. There are Oregon laws that allow for attorney fee-shifting (meaning if you win, the repo company would have to pay your attorney fees) in small disputes. As far as getting your car back (if that is what you seek) this would involve a negotiation with the party who ordered the repossession in the first place (a lender?) and they are likely under no obligation to return it to you unless you pat all the repo costs/storage fees and whatever caused the repo referral in the first place. You could force a lender to give the car back with a chapter 13 bankruptcy, but you would have to assess the cost/benefit of doing so and would have to prove insurance on the car. ... Read More