Horizontal TabsBefore You File Quicklinks Deciding Whether to File for Bankruptcy Bankruptcy Basics Videos Helpful Information for Filing without an Attorney Getting Assistance from a Petition Provider Credit Counseling U.S. Bankruptcy Court Pro Bono Program BEFORE YOU FILE Who can start a bankruptcy? Notice to Individual Consumer Debtor(s) Under Section 342(b) of the Bankruptcy Code What are the consequences of filing for bankruptcy? What is the Chapter 7 "Means Test"? When may I file bankruptcy again? Do I need an attorney to file bankruptcy? Is there any place I can get free or low cost legal advice before I file? What are exemptions? Filing for bankruptcy is a serious matter. The consequences may outweigh the benefits. It is strongly recommended that anyone considering filing bankruptcy consult with an experienced bankruptcy attorney. The Oregon State Bar has a Lawyer Referral Service which will direct you to an attorney who has agreed to provide a limited consultation at reduced rates. Call (503) 684-3763 or toll free in Oregon at (800) 452 -7636. Anyone who is considering filing a chapter 7 case may attend an informational Bankruptcy Clinic. Low income individuals who reside in the counties listed below may be eligible to have a volunteer lawyer represent them for free. Clackamas, Columbia, Hood River, Multnomah, Wasco, Washington, and Yamhill counties: Call (503) 224-4086 or (800) 228-6958 (Portland Regional Office of Legal Aid Services of Oregon) Lane County: Call (541) 485-1017 ext. 340 (Lane County Legal Aid/Oregon Law Center) Crook, Deschutes, and Jefferson counties: Call (541) 385-6950 or (800) 678-6944 (Central Oregon Office of Legal Aid Services of Oregon) Gilliam, Morrow, Umatilla, Union, Wallowa, and Wheeler counties: Call (541) 276-6685 or (800) 843-1115 (Pendleton Regional Office of Legal Aid Services of Oregon) Individual debtors who file for bankruptcy relief must receive a credit counseling briefing within 180 days before the bankruptcy filing. Court personnel are prohibited from giving you legal advice. Most debts are dischargeable in bankruptcy. However, certain individual debts may not be dischargeable. The most common examples are: taxes; domestic support obligations; student loans; most fines, penalties, forfeitures, or criminal restitution; debts for personal injury or death caused by your operation of a motor vehicle while intoxicated; and debts which were not properly listed on the bankruptcy petition and schedules. How to File WHEN YOU FILE How do I obtain the required credit counseling before I file? Where can I obtain forms, and which ones do I need for filing? How much are the court fees to file a bankruptcy? Where do I file? How many copies do I need to file at the court? Do I need to send a copy of the petition to anyone else? Gather Paperwork The first step for filing bankruptcy is to gather all your financial paperwork, such as: A list of real property (real estate you own), its value, and a mortgage statement showing the current loan balance A list of personal property (household goods, vehicles, jewelry, etc.) you own and their values A list of your creditor names, addresses, account numbers, amounts due, and (if known) the date the account was opened. A credit report would be helpful to have available. Income documentation such as pay stubs, W-2s, and proof of income from sources such as social security and disability. Two years of tax returns and bank account statements. Filing Options 1. Online Petition Visit the Online Petition page to create and file all the documents needed to start a bankruptcy case. 2. Fillable PDF Forms Complete the forms on your computer. To file using the Public Document Upload, save each PDF and upload it. If you are filing in paper or via fax, print the forms, sign in all applicable places, and mail to the Portland office or fax the documents with a cover page that includes the filer's phone number and email address to (213) 401-1577. 3. Request a Petition Packet If you do not have a computer on which to complete the forms, call the clerk's office and request that a packet be mailed to you. If you need to file a bankruptcy petition on an emergency basis (for example, to stop an imminent foreclosure), please contact the clerk's office at (503) 326-1500 or (541) 431-4000. Click here to use our Filing Checklist After You File AFTER YOU FILE What happens after I file bankruptcy? I received a notice that I have a "deficient" pleading. What does that mean? How do I change or correct information in the petition, schedules and statements Ihave already filed withthe Clerk's Office? How do I get a hearing date? What does it mean if a case is dismissed? What is a redemption? What can I do if a creditor keeps trying to collect money after I have filed bankruptcy? What if I don't agree with an Order entered in a case? How do I serve an adversary proceeding Summons and Complaint, motion or a Chapter 12 or 13 plan? What is the wording for a certificate of service? How do I get a copy of all or part of the record of a court proceeding or get a written transcript of it? What documents do I need to provide to the trustee administering my case? What does the case number tell me? What is a 341(a) meeting or meeting of creditors? What can I expect will happen there? I received two notices for the meeting of creditors. Do I have to attend both meetings? What is an adversary proceeding and how do I file a complaint? How do I find out who the trustee is in a case? What is a reaffirmation agreement? Carefully read all documents you receive from the court. If your address changes, be sure to notify the court in writing immediately to ensure you receive important notices about your case. The court prefers that you use Local Bankruptcy Form 101D, Change of Address for a Debtor, for this purpose. The case may be dismissed if you fail to appear at, and complete, the 341(a) meeting. Failure to pay all filing fee installment payments may result in a dismissal of your case. You must also complete the second required debtor education course (financial management) after filing in order to receive a discharge. The court does not report bankruptcies to the credit bureaus and does not get involved in disputes regarding credit reports. Credit reporting agencies may not report a bankruptcy case after 10 years from the date of entry of the order for relief. Information about the Fair Credit Reporting Act is available from the Federal Trade Commission at www.ftc.gov or 1-877-FTC-HELP. Videos 341(a) Meeting of Creditors Reaffirmation Hearing
