During these troubled economic times in both Oregon and Washington, we are seeing more and more people being forced into bankruptcy for the second or third time of their lives. Unfortunately, the new bankruptcy laws place some fairly severe limitations on a debtor’s ability to refile.
The bankruptcy court will deny a discharge in a later chapter 7 case if the debtor received a discharge under chapter 7 in a case filed within eight years before the second petition is filed. The court will also deny a chapter 7 discharge if the debtor previously received a discharge in a chapter 13 case filed within six years before the date of the filing of the second case unless (1) the debtor paid all “allowed unsecured” claims in the earlier case in full, or (2) the debtor made payments under the plan in the earlier case totaling at least 70 percent of the allowed unsecured claims and the debtor’s plan was proposed in good faith and the payments represented the debtor’s best effort. Moreover, a debtor is ineligible for discharge under chapter 13 if he or she received a prior discharge in a chapter 7 case filed four years before the current case or in a chapter 13 case filed two years before the current case.
Are you considering filing for bankruptcy in Oregon? Then, you probably have questions. Please give us a call or use this form to tell us about your situation. We’ll take the time to answer your questions and discuss your options.
Like Us On Social Media
PORTLAND OFFICE: Liberty Centre, 650 NE Holladay St, Portland (503) 487-8973
NW Debt Relief Law Firm is a Debt Relief Agency. Where appropriate we file petitions for relief under the Bankruptcy Code solely for consumers in the District of Oregon. We represent both Oregon and Washington consumers in collections law suits in Oregon and Washington state courts.