Which State’s Laws Govern a Child Abuse Claim in Bankruptcy Court?

Question from barbara, Which State’s Laws Govern a Child Abuse Claim in Bankruptcy Court?

Answer from AI:

When dealing with a child abuse claim in bankruptcy court, especially when the abuse occurred in a different state from where the bankruptcy is filed, several legal principles come into play. Here’s a general explanation to help you understand the relevant laws and procedures.

Jurisdiction and Applicable Laws

In your case, the abuse occurred in Oregon, but the bankruptcy is being filed in Delaware. Generally, the substantive laws of the state where the abuse occurred (Oregon) will govern the claim. This includes the causes of action, statutes of limitations, and any repose issues.

Substantive Laws and Causes of Action

The substantive laws of Oregon will likely govern your child abuse claim. Here are some key points:

• Causes of Action: In Oregon, you might file claims for personal injury due to child abuse, which can include assault, battery, and intentional infliction of emotional distress.
• Statute of Limitations: Oregon has specific statutes of limitations for child abuse cases. As of recent updates, Oregon law (ORS 12.117) allows survivors of child abuse to file claims until they are 40 years old or within 5 years of discovering the abuse, whichever is later.
• Statute of Repose: Oregon does not have a statute of repose for child abuse claims, meaning there is no absolute time limit beyond which claims cannot be filed.

Statute of Limitations and Discovery Rule

Given your age (47) and the timeline of events (discovered the abuse 4 years ago, filed a claim 3.5 years ago), the discovery rule is crucial. The discovery rule allows the statute of limitations to start when the abuse is discovered rather than when it occurred.

Filing in Bankruptcy Court

When filing a claim in bankruptcy court, the court will generally apply the substantive law of the state where the claim arose (Oregon). However, procedural aspects will follow federal bankruptcy rules.

Steps to Take

Here are some steps you might consider:

1. Consult with a Legal Professional: Given the complexity of your case, it is crucial to consult with an attorney who specializes in both child abuse claims and bankruptcy law. They can provide personalized advice and ensure all legal nuances are addressed.
2. Gather Documentation: Collect all relevant documentation, including medical records, therapy notes, and any other evidence of the abuse and its discovery.
3. File a Proof of Claim: In the bankruptcy case, you will need to file a proof of claim to assert your right to compensation. This must be done within the deadlines set by the bankruptcy court.

Resources

For more detailed information, you can refer to the following resources:

• Oregon Revised Statutes (ORS) Chapter 12 – Limitations of Actions and Suits
• U.S. Courts – Bankruptcy Basics

Remember, while this information provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to address the specifics of your situation.