How Does the Bankruptcy Process in Oregon

Your bankruptcy case progresses in steps, beginning with the first day you step into our office. We’ll immediately work to stop harassment by the debt collectors; if necessary, we will bring a lawsuit on your behalf against them to enforce your legal rights under the Fair Debt Collection Practices Act. We’ll draft all of your bankruptcy papers and make sure that all necessary documentation is made available. You’ll always be involved in the process so that you know exactly the status of your case.

Pre-Filing Certification

In order to be eligible to file a Chapter 7 or Chapter 13 bankruptcy, you must complete a pre-filing briefing outlining the opportunities for credit counseling AND assists the individual in performing a budget analysis within 180 days before your case is filed. When your case is filed you must file with the bankruptcy court the certificate you receive from the approved nonprofit budget and credit counseling agency. We will provide you with a list of approved credit counseling agencies.

Filing Your Case

As soon as your case is filed with the court, a Trustee is appointed. The trustee’s role is to sell any assets that are not protected by law and to distribute the proceeds of that sale to your creditors. In most cases there are no assets to liquidate, so do not be concerned. If the trustee does identify assets, we probably have already advised you about this possibility.

If you have filed a Chapter 13 case, the trustee is responsible for reviewing your proposed repayment plan, making recommendations to the court regarding the feasibility of that plan, and distributing the payments to your creditors under the terms of the plan. You will be sending your Chapter 13 payments to the trustee each month, along with any other