Oregon Bankruptcy

Bankruptcy is a legal process that allows an individual or entity struggling with debt to either eliminate certain unsecured debts or reorganize their financial obligations with the court’s approval. Filing for bankruptcy in Oregon carries both legal and financial consequences, since the state’s exemptions determine which property you can keep and how your debts may be resolved during the process.

How to File Bankruptcy in Oregon

Although bankruptcy cases are handled by the United States Bankruptcy Court for the District of Oregon, the filing process generally follows the same procedure as in other U.S. states. Before filing, you should decide the best type of bankruptcy for your situation.

You may be eligible for Chapter 7 if your average six-month income is below Oregon's median for your household size. Also, federal law requires you to complete a credit counseling case from an approved provider within 180 days before filing.

To provide a complete picture of your financial situation, you should organize your recent pay stubs, debt statements, monthly living expenses, tax returns, and bank statements. Then, you may find and complete the official bankruptcy forms through the Oregon Bankruptcy Court website. While filing the petition with the court, ensure you submit the completed paperwork, credit counseling certificate, and the filing fees.

The established filing fees for Chapter 7 and Chapter 13 cases are $338 and $313, respectively. If you cannot afford to pay, you may either apply for a fee waiver or ask the court to let you pay in installments.

After your case is filed, a trustee will be appointed to review your case and conduct a 341 meeting, where you will answer questions regarding your finances under oath. Before your debts can be discharged, you are required to complete a debtor education or financial management course and file the corresponding certificate of completion with the court.

Oregon Bankruptcy Types: Chapter 7, Chapter 13 & Chapter 11

In Oregon, bankruptcy cases are generally filed under Chapter 7, Chapter 13, Chapter 11, each providing different forms of debt relief and reorganization under federal law:

Chapter 7 (Liquidation)

By filing Chapter 7, individuals can erase most unsecured debts such as credit cards, utility bills, and medical bills. A court-appointed trustee sells assets that are not protected under the state exemptions to repay creditors.

Chapter 13 (Repayment Plan)

Chapter 13 is designed for individuals who earn a steady income but need time to repay their debts. Instead of selling their assets, it allows the debtor to create a repayment plan lasting three to five years. Payments are distributed to creditors according to the approved plan and once the plan is completed, most remaining unsecured debts are discharged.

Chapter 11 (Reorganization)

Chapter 11 bankruptcy is often filed by businesses and individuals with large debts. The debtor can reorganize finances, restructure debts, and continue operations while developing a plan to repay creditors over time.

Step-by-Step Checklist for Oregon Filers

Bankruptcy filing in Oregon follows a series of major steps, which you may review in the checklist provided below:

• Determine the type of bankruptcy for your situation
• Complete credit counseling course
• Organize financial documents
• Fill out the correct bankruptcy forms
• File the petition in the Bankruptcy Court
• Attend the 341 meeting organized by your trustee
• Complete debt education course

Oregon Bankruptcy Court & Record Access

The U.S. Bankruptcy Court for the District of Oregon has jurisdiction over all bankruptcy cases filed in the state. The court has two main locations:

Portland Division

Eugene Division

Record Access

If your case was filed on or after November 7, 2003, you can obtain copies of documents in your case through several methods. To save on the cost of visiting the courthouse or sending mail, you may check for case documents through the Public Access to Court Electronic Records (PACER) system. Records are accessible to registered users at a rate of $0.10 per page.

However, if you prefer to obtain copies in person, you may visit the Clerk’s Office and use the public access terminals. The clerk may charge you $34 for searching for your documents, $0.50 per page for copies, and $12 per document for certified copies.

Alternatively, you may submit a written request by mail to the Clerk’s Office. Your request should include the debtor’s name and case number, your name (if different from the debtor), daytime telephone number, the number of documents requested, and a self-addressed stamped envelope. Standard fees apply, including a $34 search fee, $0.50 per page for copies, and $12 per document for certification.

For cases filed before November 7, 2003, you may ask the clerk to retrieve the records from the National Archives and Records Administration (NARA) or visit the NARA website directly using the box, location, and accession number assigned to your file.