UNITED STATES BANKRUPTCY COURT

DISTRICT OF OREGON


April 23, 2014
Portland
1001 SW 5th Ave #700
Portland, OR 97204
(503) 326-1500
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Exterior of Eugene Bankruptcy Court location: click for map
Eugene
405 E 8th Ave #2600
Eugene, OR 97401
(541) 431-4000
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Debtors -Preparing and filing your documents (6)

  • 1.  How do I obtain the required credit counseling before I file?

      For a list of approved agencies, see the U.S. Trustee's website at http://www.usdoj.gov/ust/eo/bapcpa/ccde/ index.htm . The briefing must be given within 180 days before the bankruptcy filing. You must also complete an instructional course concerning personal financial management after your case is filed, and file a certificate of completion with the court.
  • 2.  Where can I obtain forms, and which ones do I need for filing?

      BANKRUPTCY PETITION FORMS:

      If hiring an attorney is not possible, download Local Bankruptcy Form #100. Form #100 which provides a list of all the forms necessary for each chapter, and detailed instructions on how to assemble the petition packets.

      A petition packet is made up of two kinds of required forms, Official Bankruptcy Forms (OBF) and Local Bankruptcy Forms (LBF). The majority are OBFs, (i.e., Voluntary Petition, Schedules A - J, Statement of Affairs, etc.) which can be obtained electronically from the U.S. Courts' web site. Click here to access OBFs.

      The rest are LBFs (e.g., Exhibit C, Individual Debtor’s Application to Pay Fees in Installments, Chapter 12 and 13 Plans, etc.). Click here to access these and other LBFs.

  • 3.  How much are the court fees to file a bankruptcy?

      Click here to see/download the current list of Bankruptcy Court filing fees.

      You must normally pay all of the required fees at the time you file a bankruptcy petition. Except as provided below, if the debtor is an individual and cannot pay the full amount at the time of filing, the filing fee and administrative fee may be paid in up to three installments in an individual chapter 7 or chapter 11 filing, but in a chapter 12 or 13 filing, any balance owing must be paid within 45 days of filing and before the plan can be confirmed. To pay fees in installments, a fully completed Individual Debtor's Application To Pay Filing Fee In Installments (LBF #110) must be filed with the petition. Please be aware that anyone filing a chapter 11 or a chapter 13 must pay the minimum payment required by LBF #110.

      If an application for payment of fees in installments is approved, you may not pay an attorney or petition preparer any further amounts of money for services rendered until all of the filing fees are paid.

      The court also has the discretion to waive the filing fee for an individual chapter 7 debtor if his or her income is less than 150% of the official poverty line (as defined by the federal government) applicable to a family of the size involved, and is unable to pay that fee in installments. If you feel that a fee waiver is warranted, you must file with your petition a fully completed Application to Have the Chapter 7 Filing Fee Waived (Official Bankruptcy Form Official Bankruptcy Form #B3B). If the judge denies your application for a fee waiver, he or she will normally enter an order requiring the payment of the filing fee in installments. In that case, failure to make the installment payments will result in a dismissal of the bankruptcy case.

  • 4.  Where do I file?

      The District of Oregon Bankruptcy Court has two offices of the clerk. The specific location for filing bankruptcy petitions or other documents is determined by the county in which the debtor resides or has its principal place of business or principal assets. If the debtor resides in Benton, Coos, Curry, Douglas, Jackson, Josephine, Klamath, Lake, Lane, Lincoln, Linn, Marion or Polk counties, filings must be made in the Eugene office at 405 E 8th Ave #2600, Eugene, OR 97401. If the debtor’s address is in any other county, filings must be made in the Portland office at 1001 SW 5th Ave #700, Portland OR 97204. All documents relating to a case must be filed in the office where the case is pending.
  • 5.  How many copies do I need to file at the court?

      Petitions - If a petition is conventionally filed on paper, no copies are required.

      However, you will need to provide an additional copy if you want one stamped with the date of filing for your records plus a self addressed envelope with adequate postage if you are filing by mail.

      Motions and other pleadings - Unless filed within three (3) business days of a hearing that pertains to such document, the court requires only an original of any motion, supporting documents or other pleading. If filed within three days of a hearing, a paper copy of any document filed within three (3) business days of a scheduled hearing to which the document pertains must be clearly marked “JUDGE’S COPY” and must also be contemporaneously filed with the clerk.

      Adversary Proceedings - If filed on paper, the court requires an original of a fully completed bankruptcy adversary cover sheet and the original complaint or proposed judgment. The plaintiff who electronically files a complaint shall print and use the summons electronically issued, if one is so issued, by the court via the ECF system during the filing process for service.

  • 6.  Do I need to send a copy of the petition to anyone else?

      It is your responsibility to do what you think is necessary to notify the appropriate people. A few days after the date of filing, the Clerk’s Office will send a notice of your filing to all the creditors you have listed on the “matrix” (the list of creditor names and addresses that you must file with your petition). You are responsible for being sure you have listed all your creditors and that their complete street address, city, state and zip code is accurate.

      Local Bankruptcy Form #104 sets out all the requirements for preparation of your mailing list in a format that can be accurately entered into the court’s system.



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