Upon filing the original petition with the Clerk’s Office, the court’s restraining order, called the “Automatic Stay”, immediately takes effect and prohibits virtually all creditors from taking any collection action against the debtor or the debtor’s property. Although the stay is automatic, creditors need to be advised of the stay. The court issues a notice to all creditors advising them of the filing of the bankruptcy, the case number, the automatic stay, the name of the trustee assigned to the case (if filed under chapter 7, 12, or 13), the date set for the meeting of creditors, the deadline, if any, set for filing objections to the discharge of the debtor and/or the dischargeability of specified debts, and whether and where to file claims. The exact information in the notice differs depending on the chapter under which the case is filed.

A meeting of creditors will usually be held within 20 to 40 days of filing unless the debtor lives in an outlying area, then it may be a little longer. The meetings set for Portland and Eugene will be held at the office of the U.S. Trustee. At the meeting the debtor is required to respond, under oath, to questions from the case trustee and to any questions that creditors may have relating to the financial condition of the debtor and the debtor’s assets. Attending this meeting is mandatory for the debtor but creditors need not attend.

In a chapter 7 case involving an individual debtor, the creditors generally have 60 days from the first date set for the meeting of creditors to object to the discharge of all the debtor’s debts and/or the dischargeability of a specific debt. If the deadline passes without any objections to the debtor’s discharge of all debts being filed, the court will issue the Discharge Order. If any objections to the dischargeability of specific debts are filed they will be heard by the court, but will not delay the granting of a discharge with respect to other debts. An objection to discharge or to the dischargeability of certain debts is considered a separate lawsuit (an adversary proceeding) within the bankruptcy and may result in a trial before the judge assigned to the case. Corporate and partnership chapter 7 debtors do not receive discharges. If there are no estate assets from which a dividend can be paid to the creditors, the trustee will prepare a report of no distribution and the case will be closed. If there are assets that are not exempt, funds will be available for distribution. The court will set claims deadlines and notify all creditors to file their proofs of claim. The trustee will proceed to collect the assets, liquidate them and distribute the proceeds to creditors. When the assets have been completely administered, the court will close the case.

In a chapter 13 case, creditors are given an opportunity to object to the plan. If no objection is filed by creditors or the trustee, the plan may be confirmed as filed. Once the plan is confirmed, the trustee will distribute the proceeds of the debtor’s plan payments to the creditors until the debtor completes the plan or the court dismisses or converts the case. Upon completion of the chapter 13 plan, the court will issue a Discharge Order, the trustee will prepare a Final Report and the case will be closed. If the debtor is unable to complete the plan through no fault of his/her own, and requests a “hardship discharge”, if certain requirements are met, a discharge may be granted.

In a chapter 12 case, the confirmation hearing must be concluded within 45 days of filing the plan. The court may consider dismissal of the case if a plan is not confirmed. Once the plan is confirmed, the trustee disburses the payments received from the debtor and makes sure the farming operation is running according to plan. Upon completion of the chapter 12 plan, the court will issue a Discharge Order, the trustee will prepare a Final Report and the case will be closed. If the debtor is unable to complete the plan through no fault of his/her own, and requests a “hardship discharge”, if certain requirements are met, a discharge may be granted.

In a chapter 11 case, the debtor will meet with the U.S. Trustee’s staff before the creditors’ meeting. At the meeting, the U.S. Trustee will go over the responsibilities and restrictions of the debtor-in-possession, explain the quarterly fees and monthly operating reports, and generally discuss the financial situation of the debtor and the scope of the anticipated plan of reorganization. Interested unsecured creditors are encouraged by the U.S. Trustee to form a Creditors’ Committee and to take an active part in moving the case along. A disclosure statement must be filed with the plan and approved by the court before votes for and against the plan can be solicited. After the estate has been fully administered, the court enters a final decree closing the case. A chapter 11 estate may be considered fully administered and closed before the payments required by the plan have been completed.

The first two digits of the seven digit bankruptcy case number indicate the year of filing. The first digit after the dash is the location code (“3", “4", or “5" for Portland, and “6", “7", or “8" for Eugene), and the next four digits are the designation given to that case. The letters following the second dash are the initials of the judge assigned to the case, and the final digit(s) indicate the chapter number under which the case is being administered.

In an adversary proceeding, the first two digits of the six digit case number indicate the year of filing. The first digit after the dash is the location code (“3" or “4" for Portland, and “6" or “7" for Eugene), and the next four digits are the designation given to that case. The letters following the second dash are the initials of the judge assigned to the case.

Examples:

99-32054-rld12 would be a case filed in Portland in 1999, which is assigned to Judge Dunn. It is a chapter 12.

00-61254-aer7 would be a case filed in Eugene in 2000, which is assigned to Judge Radcliffe. It is a chapter 7.

99-6012-fra would be an adversary proceeding filed in Eugene in 1999, which is assigned to Judge Alley.

00-3345-elp would be an adversary proceeding filed in Portland in 2000, which is assigned to Judge Perris.

A deficient pleading is one that is incomplete or incorrectly done in some way. The notice you received should tell you specifically what needs to be done to correct the document so that it can be filed and also gives the deadline for filing. When you make the corrections, you will need to attach a copy of the “deficiency” notice to the documents and resubmit them for filing before the filing deadline.

The information contained in your petition, schedules and statement of affairs is submitted under penalty of perjury. Therefore, you must be certain that it is correct when you sign these documents. If, however, you later discover that something is inaccurate, the documents may be corrected by the filing, typically well before the case is closed, of an amendment with the Clerk’s Office where the petition was filed.

Petition information: If only changing the debtor’s address, use local form LBF #101. If changing other information such as debtor’s Social Security Number or any other information contained on the first two pages of the petition packet, mark the document “Amended”, highlight what is being changed, and completely fill out the form with all required signatures affixed. Copies of the amended document must be sent to the case trustee, the U.S. Trustee and to all creditors listed on the matrix. The reason for this is that the incorrect information was sent to everyone when the notice of the first meeting of creditors went out so they need to be informed if any of that information was incorrect.

Schedules or Statement of Affairs: To change information contained in the schedules or Statement of Affairs, the document must be labeled “Amended” and be accompanied by a signed declaration under penalty of perjury.

Schedules D, E, F, G or H: LBF #728 accompanied by a fee per the Court Fees List, must be submitted to amend Schedules D, E, F, G or H after notice to creditors has been sent out in the case. LBF #728 contains certain instructions which must be strictly followed in order for the amendment to be processed properly. For instance, if adding creditors to Schedule F, clearly mark the schedule “Amended”, put Add Creditors so it is clear exactly what you are doing, and then list only the creditors being added. A supplemental matrix showing only the creditors whose information is being changed by the amendment is required.

Service: Copies of all amendments must be sent to the United States Trustee and the case trustee. Some amendments (to Schedules D, E, F, G or H) must be served upon the creditors affected by the amendment as set out in LBF #728. A signed certificate of service showing to whom the amendment was mailed and the date of mailing is to be included.

The trustee’s name and address is printed on the first notice the court sends out, the Notice of the §341(a) Meeting of Creditors. That information is also available from the following sources:

1. VCIS (Voice Case Information Service) - an automated information service available 24 hours a day from any touch-tone telephone by calling (503)326-2249 in the Portland metropolitan area or 1-800-726-2227 outside the local calling area. You can obtain case information following the instructions given by using the numbers on the keypad of your telephone.

2. PACER (Public Access to Court Electronic Records) - Access to a mirror image of the court’s database from your personal computer which is available 24 hours a day via the internet at http://pacer.orb.uscourts.gov. You must sign up for this service and there is a small fee. For more information call the PACER Service Center at 1-800-676-6856 or visit their web site at http://pacer.psc.uscourts.gov.

3. Computer Terminals in the lobby of each office of the Clerk.

4. By calling the court and speaking to the operator during the court’s office hours. For the Portland office call (503) 326-1500, and for the Eugene office call (541) 431-4000, and then press “O” for the operator.

The “341(a) meeting” is sometimes called the “meeting of creditors” and gets its name from the Section of Title 11 of the United States Code where the requirements for the first meeting of creditors and equity security holders are found. Section 341 of the Bankruptcy Code requires every debtor to personally attend a meeting of creditors and to submit to an examination under oath. The meeting is held outside the presence of the judge. In Chapter 7, 12 and 13 cases, the trustee assigned by the United States Trustee conducts the hearing. In chapter 11 cases where the debtor remains in possession of all the assets and no trustee is immediately assigned, a representative of the Office of the U.S. Trustee conducts the hearing.

The case may be dismissed if the debtor fails to appear at, and complete, this meeting. It is usually scheduled between 21 and 40 days after the new petition is filed and is usually held at the Office of the U.S. Trustee which is located at 620 SW Main #213 in Portland and at 405 E 8th Ave #1100 in Eugene, but may be scheduled at other locations throughout the state to accommodate debtors from outside these metropolitan areas.

The hearing permits the trustee or representative of the U.S. Trustee’s Office to review the debtor’s petition and schedules with the debtor face-to-face. The debtor is required to answer questions under penalty of perjury concerning the debtor’s acts, conduct, property, liabilities, financial condition and any matter that may affect administration of the estate or the debtor’s right to discharge. This information enables the trustee or representative of the U.S. Trustee’s Office to understand the debtor’s circumstances and facilitates efficient administration of the case. Additionally, the trustee or representative of the U.S. Trustee’s Office will ask questions to ensure that the debtor understands the positive and negative aspects of filing for bankruptcy.

The hearing is referred to as the “meeting of creditors” because creditors are notified that they may attend and question the debtor about the location and disposition of assets and any other matter relevant to the administration of the case. However, creditors rarely attend these hearings and are not considered to have waived any of their rights by failing to appear. The hearing usually lasts only a few minutes and may be continued if the trustee or representative of the U.S. Trustee’s Office is not satisfied with the information provided by the debtor. If the debtor fails to appear and provide the information requested at the hearing, the trustee or representative of the U.S. Trustee’s Office may request that the bankruptcy case be dismissed or that the debtor be ordered by the court to cooperate or be held in contempt of court for willful failure to cooperate.

For various reasons a meeting of creditors may occasionally be rescheduled. If so, it may be rescheduled in the hearing room with notice only to those present, or another notice may go out to some or all the creditors notifying them of the new date. The notice will usually say the meeting is being reset or rescheduled. Creditors may, but do not need to, attend the meeting. Debtors must attend a meeting of creditors and under oath respond to the questions put to them by the trustee or creditors. The debtor must attend any reset or rescheduled meeting unless the trustee clearly states that the debtor’s presence is no longer needed.

A creditor that continues to attempt to collect a debt after the bankruptcy is filed is in violation of the automatic stay. You should immediately notify the creditor in writing that you have filed bankruptcy, and provide them with either the case number and filing date or a copy of the petition that shows it was filed. If the creditor still continues to try to collect, the debtor may be entitled to take legal action against the creditor to obtain a specific order from the court prohibiting the creditor from taking further collection action and, if the creditor is willfully violating the automatic stay, the court can award the debtor actual damages (including costs and attorney fees) and, in appropriate circumstances, punitive damages. However, if the court finds that the creditor in good faith believed that the stay as to certain property terminated because the debtor (1) did not timely file the statement of intention required under 11 U.S.C. §521(a)(2), or (2) failed to timely take the action stated in the statement of intention, debtor’s remedy for a creditor’s violation of the stay will be limited to actual damages. Any such legal action brought against the creditor will be complex and will normally require representation by a qualified bankruptcy attorney.

See also the Fair Debt Collection Practices Act 15 U.S.C. §1692c which applies to collection agencies, and the Oregon Unlawful Debt Collection Practices Act ORS 646.639 which applies to original creditors.

Each judge maintains an individual hearings calendar. The procedure for obtaining a hearing date depends upon the nature of the hearing.

1. The §341(a) hearing ("meeting of creditors") is automatically scheduled by the Court shortly after the filing of the bankruptcy petition. The date and time of such hearing is contained in the notice sent by the Court to the debtor and to all creditors. The date and time of a confirmation hearing in a Chapter 13 case is likewise contained in that notice.

2. To schedule a hearing resisting a motion for relief from stay in a Chapter 7 or 13 case, or to schedule a hearing resisting a motion for relief from co-debtor stay in a Chapter 13 case, review the requirements set forth in LBF #720 (Notice of Motion).

3. To schedule a hearing regarding a motion to extend or impose the automatic stay, to object to a debtor's attempt to obtain an extension of the automatic stay to cure a pre-petition residential rental deficiency, or to object to a landlord's attempt to obtain a termination of the automatic stay to continue with eviction proceedings, review the requirements of LBF #721.3 (Procedures Re Motions/Objections To Extend/Impose 11 USC §362 Automatic Stay Pursuant To §362(c),§362(l),§362(m) or §362(n)).

4. To obtain hearing dates for any other purpose (including hearings on relief from stay motions in Chapter 11 or 12 cases and relief from co-debtor stay motions in Chapter 12 cases), contact the calendar clerk for the judge assigned to the case.

A Notice of Appeal may be filed after an Order or Judgment has been entered in a case. In a Notice of Appeal, the party filing the Appeal, the appellant, wishes to reverse the Order or Judgment granted in favor of the other party, the appellee. When an Appeal is filed in the District of Oregon, the matter is automatically referred to the Bankruptcy Appellate Panel (BAP) unless the parties timely elect to have the matter heard by the District Court.

THERE ARE STRICT DEADLINES AND RULES TO FOLLOW WHEN FILING AN APPEAL. These Rules are found in the Federal Rules of Bankruptcy Procedure (Fed.R.Bankr.P.) Rules 8000 - 8020, District Court Local Rule (LR) 2200, Local Bankruptcy Rules (LBR) 8001-1. through 8006-1. and the Federal Rules of Appellate Procedure (F.R.App.P.). The filing fee for a Notice of Appeal is found on the Court Fees List (LBF #115).

A Dismissal Order ends the case. Upon dismissal the “automatic stay” ends and creditors may start to collect debts unless a discharge is entered before the dismissal and the discharge is not revoked by the court. An Order of Dismissal does not free the debtor from any debt. Often, a case is dismissed when the debtor fails to do something he/she must do: show up for the creditors’ meeting, pay the filing fees, answer the trustee’s questions honestly, produce books and records the trustee requests, file required documents, or when the dismissal is in the best interest of the creditors. The clerk will close the case upon dismissal.

A reaffirmation agreement is an agreement by which a bankruptcy debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt. All reaffirmation agreements must be filed using LBF #718.05 as a cover sheet. To be timely, such an agreement must be filed by the debtor within 60 days after the first date set for the meeting of creditors. See LBR 4008-1.

Reaffirmation agreements are strictly voluntary. They are not required by the Bankruptcy Code or other state or federal law. A debtor can voluntarily repay any debt instead of signing a reaffirmation agreement, but there may be valid reasons for wanting to reaffirm a particular debt.

If the debtor is represented by an attorney, and the reaffirmation agreement and cover sheet indicate a presumption of undue hardship, a hearing will be scheduled, even if the attorney signs the certificate indicating that in his or her opinion the debtor can make the payments called for under the reaffirmation agreement. The debtor and debtor's attorney must attend this hearing and offer evidence to rebut the presumption of undue hardship.

If the debtor is not represented by an attorney, and a reaffirmation agreement is filed, the court must also schedule a hearing. The debtor is required to attend this hearing. To be effective, the reaffirmation agreement must be approved by the judge as consistent with the debtor's best interests, unless the debt to be reaffirmed is for a consumer debt secured by a mortgage, deed of trust, security deed, or other lien on real property. Since a reaffirmation agreement takes away some of the effectiveness of the debtor's discharge, it is advisable to seek legal counsel before agreeing to a reaffirmation. Even if the debtor signs a reaffirmation agreement, the debtor has 60 days after the agreement is filed with the court (or the date of entry of discharge, whichever is later) to change his/her mind and rescind the agreement. In either event, to rescind a reaffirmation agreement, the debtor must notify the creditor that the reaffirmation agreement is being rescinded. If the debtor reaffirms a debt, does not rescind the agreement, and fails to make the payments as agreed, the creditor can take action against the debtor to recover any property that was given as security for the debt, and the debtor may remain personally liable for any remaining debt after the collateral is sold.

Redemption allows an individual debtor (not a partnership or a corporation) to keep tangible, personal property intended primarily for personal, family, or household use by paying the holder of a lien on the property the amount of the allowed secured claim on the property, which typically means the replacement value of the property (the price a retail merchant would charge for property of such kind, considering the age and condition of the property at the time the value is determined) without deduction for costs of sale or marketing. Otherwise, in order to retain the property, the debtor would have to pay the entire amount of the secured creditor’s debt, or enter into a reaffirmation agreement and become legally obligated on the debt again. The property redeemed must be claimed as exempt or abandoned by the trustee.

With redemption, a debtor may be able to, depending on the replacement value of the property, get liens released on personal household possessions for much less than the underlying debt on those secured possessions.

Redemption must be made in one lump sum payment to the creditor. If the debtor and the creditor agree to the redemption, a stipulated order of redemption is required. If the redemption is opposed, a motion for redemption must be filed using LBF #717.20 within 45 days following the first date set for the meeting of creditors.

See LBF #717.10 for procedures.

Filing An Adversary Proceeding Complaint

If it is determined from the information below that an adversary proceeding is appropriate, complaints are filed in the clerk’s office. Unless the complaint is electronically filed, each complaint must be submitted with a fully filled out Adversary Proceeding Coversheet local form APCS-B104 (which is identical to Official Form B104). Detailed instructions for filing an adversary proceeding complaint are found in local forms ADV and ADV-2.

What is an Adversary Proceeding?

(1) Recover money or property. [Except for a proceeding (a) to compel the debtor to deliver property to the trustee; (b) to recover or reclaim property in the hands of a DIP or trustee under 11 USC §554 (abandonment) or §725 (disposition of property); (c) under FRBP 2017 (examination of debtor's transactions with debtor's attorney); and (d) under FRBP 6002 (accounting by prior custodian of property of the estate)].

(2) Determine the validity, priority, or extent of a lien or other interest in property. [Except for a proceeding under FRBP 4003 [liens impairing debtor's exemptions] which is also covered by Local Bankruptcy Rule (LBR) 4003-2 and requires the filing of Local Bankruptcy Form (LBF) #717, Notice of Motion for Avoidance of Lien Pursuant to 11 U.S.C. §522(f) in a Chapter Case, and LBF #717.15, Instructions].

(3) Obtain approval pursuant to 11 USC §363 for the sale of both the interest of the estate and of a co-owner (i.e., non-debtor) in property.

(4) Object to or revoke a discharge.

(5) Revoke an order of confirmation of a chapter 11, chapter 12, or chapter 13 plan.

(6) Determine the dischargeability of a debt.

(7) Obtain an injunction or other equitable relief [NOTE: Also see LBR 7065].

(8) Subordinate any allowed claim or interest.[Except for when subordination is provided in a chapter 9, 11, 12, or 13 plan].

(9) Obtain a declaratory judgment relating to any of the foregoing in points 1 through 8.

(10) Determine a claim or cause of action removed pursuant to 28 USC §1452 [removal of claims related to bankruptcy cases].

EXAMPLES OF ACTIONS REQUIRING AN ADVERSARY PROCEEDING:

a. Proceedings brought to avoid transfers by the debtor under 11 USC §544 [trustee's power to avoid obligations incurred by the debtor], §545 [trustee's power to avoid the fixing of a statutory lien on property of the debtor], §547 [trustee's power to avoid preferential transfers], §548 [trustee's power to avoid fraudulent transfers and obligations], and §549 [trustee's power to avoid postpetition transaction].

b. FRBP Rules 5008 & 9025 proceedings on bonds.

c. FRBP 4004 denial of discharge based on §727.

d. 11 USC §§727, 1228 or 1328 revoke discharge.

e. 11 USC §523 dischargeability of particular debt.

f. 11 USC §§1144, 1230 and 1330 revoke an order of confirmation of a plan in chapters 11, 12 or 13.

g. 11 USC §510 to subordinate a claim or interest other than as part of a plan.

h. 11 USC §363 to sell interest of both debtor and of co-owner.

Adversary Proceedings are not any action relating to the exceptions listed above including (but not limited to) motions/requests/stipulations for relief from automatic stay per 11 USC §362 and FRBP 4001, objections to claims unless joined with a demand for relief of a kind covered by FRBP 7001. A debtor's motion to avoid a lien impairing exemptions pursuant to 11 USC §522 is not an adversary proceeding but a motion/stipulation for lien avoidance by anyone other than the debtor is an adversary proceeding per point (2) above.

I. SERVICE OF SUMMONS IN ADVERSARY PROCEEDING

Proof of Service must show that the summons, complaint, LBR 7026-1, and any applicable ADR documents were served within 10 days of issuance of the summons. The Proof of Service form to be used is attached to the summons issued by the Court. The method of service depends upon whom the defendant is and where located as set out below in Section IV.

II. SERVICE OF CHAPTER 13 PLAN

Proper service of the Chapter 13 Plan requires both of the following:

A. Completed Certificate of Service on Creditors listed in ¶2(b)(1), ¶2(b)(2), and ¶6. The Certificate of Service located on the bottom of the last page of the Plan showing service on all creditors listed in ¶2(b)(1), ¶2(b)(2), and ¶6 of the Plan must be completed as follows:

1. Creditors in those paragraphs, other than an insured depository (see point II.A.2.) must be listed on the mailing matrix in care of a person or entity authorized to be served as set out below in Section IV. with that person’s position clearly indicated as appropriate (e.g., if corporation listed, service on registered agent or on an officer; if partnership or unincorporated assoc., on a managing or general agent).

2. An insured depository institution (e.g., credit union, bank or savings and loan) listed in those paragraphs must be served by certified mail as set out below in Section IV.A.9.

3. The date of service blank in point (b) of the Plan’s Certificate of Service is filled in only if there are any insured depository institutions listed.

B. Separate List of ¶2(b)(1), ¶2 (b)(2), and ¶6 Creditors. A separate list, including the names and addresses of all such creditors served, must be attached to the Plan showing as to ¶2(b)(1), ¶2(b)(2), and ¶6 creditors: (a) those entities served via matrix listing (i.e., creditors other than an insured depository institution), and (b) those entities served via certified mail (i.e., an insured depository institution such as a credit union, bank or savings and loan).

NOTE: Any time the IRS is listed as a creditor under ¶2(b)(1) or ¶2(b)(2) of the Plan, be sure all of the following 3 entities are served and listed on the matrix:

III. SERVICE OF CHAPTER 12 PLAN

Proper service of the Chapter 12 plan requires both of the following:

A. Creditors Listed in ¶2(b)(1) and ¶2(b)(2). The Certificate of Service located on the bottom of the last page of the Plan showing service on all creditors listed in ¶2(b)(1) and ¶2(b)(2) of the Plan must be completed as follows:

1. Creditors in those paragraphs, other than an insured depository (see point II.A.2.) must be listed on the mailing matrix in care of a person or entity authorized to be served as set out below in Section IV. with that person’s position clearly indicated as appropriate (e.g., if corporation listed, service on registered agent or on an officer; if partnership or unincorporated assoc., on a managing or general agent).

2. An insured depository institution (e.g., credit union, bank or savings and loan) listed in those paragraphs must be served by certified mail as set out below in Section IV.A.9.

3. The date of service blank in point (b) of the Plan’s Certificate of Service is filled in only if there are any insured depository institutions listed.

B. Separate List of ¶2(b)(1) and ¶2(b)(2) Creditors. A separate list, including the names and addresses of all such creditors served, must be attached to the Plan showing as to ¶2(b)(1) and ¶2(b)(2) creditors: (a) those entities served via matrix listing (i.e., creditors other than an insured depository institution), and (b) those entities served via certified mail (i.e., an insured depository institution such as a credit union, bank or savings and loan).

NOTE: If the I.R.S. is a creditor listed in ¶2(b)(1) or ¶2(b)(2) of the Plan, be sure all of the following three entities are served and listed on the matrix:

IV. RULES GOVERNING SERVICE OF PROCESS

Service of process in Bankruptcy Court is governed by the provisions of Federal Rules of Bankruptcy Procedure Rule (FRBP) 7004 and the Oregon Rules of Civil Procedure (ORCP) Rule 7. To adequately complete service of process, a dated and signed certificate stating that the documents were properly served is filed with the court. What is unique about the Bankruptcy Court service requirements is that instead of personal service, service by mail is authorized.

A. Service by First Class Mail.

FRBP 7004 authorizes service within the United States by first class mail, postage prepaid as follows:

1. Individuals: Upon an individual (other than an infant or incompetent) by mailing to the individual’s dwelling or usual place of abode or to the place where the individual regularly conducts a business or profession. A PO Box is not acceptable unless the person being served is the debtor (see item 7. below).

2. Infant or Incompetent Person:Upon an infant or incompetent person, by serving the parent, guardian, conservator, or guardian ad litem at such person’s dwelling house or usual place of abode or to the place where the individual regularly conducts a business or profession.

3. Corporation/Partnership/Unincorp orated Association: Upon a domestic or foreign corporation or partnership or other unincorporated association, by mailing to the registered agent or to the attention of an officer or a managing or general agent. A title without a name is not acceptable; and, unless a person certifies that “x” (name without a title) is an authorized agent of the corporation for the acceptance of service, a name without a title is not acceptable. [NOTE: also see Service On Attorney in item C. below]. Caveat: Be aware of additional requirements found in ORCP Rule 7 and ORS 60.121.

NOTE: For corporations, partnerships, and unincorporated associations authorized to conduct business in Oregon, the name and address of the registered agent can usually be found on the Oregon Secretary of State’s web site.

4. United States: Upon the United States, by mailing to the Civil Process Clerk at the office of the U.S. Attorney for the district in which the action is brought and by mailing to the Attorney General at Washington, DC. In any action attacking the validity of an order of an officer or an agency of the U.S. not made a party, by also mailing to such officer or agency (e.g., service on the IRS is accomplished by serving the U.S. Attorney General in Washington DC, the U.S. Attorney for the District of Oregon and the office of the IRS [PO Box 21126, Philadelphia, PA 19114]).

5. Officer/Agency of U.S.: Upon an officer or agency of the U.S., by mailing to the U.S. Attorney for the district in which the action is brought and by mailing to the Attorney General at Washington, DC and also to the officer or agency. If the agency is a corporation the mailing must also follow paragraph 3 (e.g., the RTC or FDIC).

6. State or Municipal Corporation or Other Governmental Organization: Upon a state or municipal corporation or other governmental organization, by mailing to the person or office upon whom process is prescribed to be served by the law of the state in which service is made.

(a) For the State of Oregon, the Oregon Attorney General must be served. [FRBP 7004(b)(6); ORCP 7D(3)(c)]

(b) For a County, City or other public corporation, service must be on an officer, director, managing agent or attorney (e.g., County Counsel, City Attorney, etc. by name).

7. Debtor: Upon the debtor (until the case is dismissed or closed) by mailing to the address shown in the petition or to any other such address as the debtor may designate in a filed writing (e.g., the address shown in ECF/PACER) and if the debtor is represented by an attorney, to the attorney at the attorney’s mailing address. A PO Box for a debtor is acceptable if that is the address supplied to the court by the debtor.

8. U.S. Trustee: Upon the U.S. Trustee, by mailing to an office of the U.S. Trustee or another place designated by the U.S. Trustee in the district where the case is pending

9. Insured Depository Institution: Upon an insured depository institution, by mailing certified mail addressed to an officer of the institution unless the institution has appeared by its attorney, in which case the attorney may be served by first class mail, or the institution has waived in writing its entitlement to service by certified mail by designating an officer to receive service.

B. Service by Publication.
If a party cannot be served as previously noted, FRBP 7004(c) permits service by at least one publication, in a manner and form as the court may direct.

C. Service On Attorney.
Service on an attorney is permitted only in the following circumstances:
1. If the attorney is the registered agent of the party being served;
2. If the attorney has formally appeared in the matter;
3. If the attorney has not formally appeared in the matter but agrees to accept service on behalf of his/her client.

D. Service on Individuals in Foreign Country. [FRCP Rule 4(f) made applicable by FRBP 7004 (a)].

1. Unless there is a waiver filed, service must be by any internationally agreed means reasonably calculated to give notice such as those means authorized by the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents.

2. If there is no internationally agreed means of service then service is by:

a. Any manner prescribed by the law of the foreign country for service in any of its courts of general jurisdiction.

b. As directed by the foreign authority in response to a letter rogatory or letter of request.

c. Unless prohibited by law of the foreign country:

(1) by personal delivery, or

(2) any form of mail requiring a signed receipt (note: to be mailed by the clerk of court to the party to be served).

d. By other means not prohibited by international agreement as may be directed by the court.

V. RULES GOVERNING SERVICE OF MOTIONS

Service of motions in contested matters is governed by FRBP 9014(b), which provides that a “motion shall be served in the same manner provided for service of a summons and complaint by Rule 7004.” See Section IV above for rules regarding service of a summons and complaint.

The standard certificate of service states:

I certify that on (insert date) copies of (insert name of documents you are serving) were mailed to: * (list names and addresses of parties on whom the documents are being served and be sure to include the trustee, and U.S. Trustee).

_______________________________ Signature of person doing the mailing

*Note: in this space you may state: “the parties whose names and addresses are listed on the attached.” and attach a copy of the mailing matrix you used.

Mailing matrix: A mailing matrix which shows the names and addresses of all creditors and interested parties in the case is available from the clerk’s office upon request. It is formatted so that it can be copied onto labels.

The court uses digital recording equipment to electronically create a record of a court proceeding in the Portland and Eugene locations. For hearings outside of these locations, for example Bend, Medford, Klamath Falls, and Pendleton, a contract court reporter is employed to create a verbatim record of proceedings.

1. Digitally recorded proceedings:

a. Transcript of Hearing - complete local form LBF #335, Hearings Transcript Order Form. The transcriptionist will contact you to give you an estimate of the cost and to arrange for payment.

b. Copy of Hearing on CD - Complete local form LBF #335.5, Hearing CD Order Form, and submit the form, along with a check for the required deposit made payable to the “Clerk, US Bankruptcy Court” and a self-addressed, stamped envelope for the CD (which holds approximately 45-60 minutes of hearing time) to the appropriate Clerk’s office. The court will make a duplicate CD and send it to you in the envelope provided.

2. Court reporter recorded proceedings:

a. For any Eugene hearings prior to 1/1/09, call the Deputy in Charge at 541-431-4000 to obtain court reporter contact information.

b. For Medford and Klamath Falls hearings, contact Eileen Leddy at 541-479-7277.

c. For Bend and Pendleton hearings, call the courtroom deputy at 503-326-1500 to obtain court reporter contact information.