Oregon Bankruptcy Lawyer
Oregon Bankruptcy Attorney Free Credit Report
Click here to get your free evaluation today. (888) 229-4108
Meet Your Attorney Visit Our Blog Questionnaires Legal Resource Center Locations Locations
Click here to read our client testimonials. Helping Clients for over 33 years Get the knowledge to help you get back on your feet.
Do you need a fresh start? Read more information about us on our blog.

What to Expect in a Bankruptcy Court in Oregon

Who Are the Participants in the Process at the Bankruptcy Court in Oregon?

Your main contact with the bankruptcy court in Oregon will be the bankruptcy trustee. The bankruptcy trustee is responsible for overseeing all bankruptcies and administering all assets. It is the Trustee's job to make sure your petition is accurate and to take as much of your property from you as he/she can and, then, give that property to your creditors. The trustee reviews all documents and will be the one to let you know when more documentation is wanted. If you have non-exempt property which will need to be sold, the trustee is the person who will arrange for taking possession of it, selling it and giving the money to your creditors. If you are filing a Chapter 13 bankruptcy, you make your payments to the trustee.

With bankruptcy court in Oregon, there is a bankruptcy judge assigned to your case. However, unless something unusual happens, you will have no contact with that judge.

When Will I Go to My Hearing at the Bankruptcy Court in Oregon?

Your hearing will usually occur at the bankruptcy court in Oregon within about 6 weeks of the filing of your petition.

What Happens at My Hearing at the Bankruptcy Court in Oregon?

Prior to your hearing at the bankruptcy court in Oregon, you will need to check in with a court assistant who will check your identification and social security number. You will then be seated in the hearing room and wait for your name to be called. When it is your turn, you will be sworn in and then asked questions about the information contained in your petition.

You will be asked whether you own any real estate, whether you own any cars, whether you have any bank accounts, whether you have any tax refunds due to you, etc. You will also be asked about information contained in your recent bank statements and tax returns. If you own real estate, you may be asked information about the value of your real estate as shown in your most recent tax bill from the county. If there are any corrections which need to be made to the information in your petition, you can make those corrections at the hearing. The hearing will take about 7-10 minutes.

If you are filing a Chapter 13, the trustee will ask you a few questions about your budget and whether anything has changed about your income or expenses that would change the amount of your plan payment. The trustee will tell you whether your plan qualifies under bankruptcy law. If it does not, the trustee will give you an opportunity to correct it.

What Should I Bring to Bankruptcy Court in Oregon?

Picture identification, verification of your social security number, most recent tax return, wage stub which covers the date of the filing of your petition, and bank statements that cover the date of the filing of your petition. If the trustee wants any other documentation, the trustee will tell you.

How Will I Know Whether I Get to Keep My Property?

At the end of your hearing, the trustee will usually declare your case to be a "no asset" case or an "asset" case. If it is a "no asset" case, you will get to keep all of your property. If it is an "asset" case, then there is some property that the trustee either already knows is not exempt or wants to find out more information about it. If you have an asset that is not exempt, the trustee will give you an opportunity to "buy it back" from the bankruptcy court by making an offer on it. Usually, you can make monthly payments for up to a year on the item. The trustee is required to file a document with the bankruptcy court in Oregon which declares the "asset" status of your case.

What if I Miss My Hearing with the Bankruptcy Court in Oregon?

It is bad news if you miss your hearing with the bankruptcy court in Oregon. Only family emergencies, severe weather or ill health will usually qualify as a reason to reschedule your hearing. If you miss your hearing, paperwork can be filed with the bankruptcy court in Oregon asking for rescheduling. Unfortunately, this means extra attorney work and extra fees.

When Do I Get My Discharge from the Bankruptcy Court in Oregon?

In a Chapter 7 case, about 2 months after your hearing at the bankruptcy court in Oregon, unless your discharge date has been extended. Normally, the discharge date is not extended, but if the trustee wants more information from you and you fail to provide it, the trustee will extend the discharge date. If you still do not provide the required information, the trustee has the power to ask the judge to dismiss your case. In a Chapter 13 case, your discharge is entered after you complete your plan.

For more information about what to expect at bankruptcy court in Oregon, please Contact Us.

Oregon Bankruptcy Attorney | Contact Us | Site Map | Privacy Policy

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Address: 913 North First Street, Hermiston, Oregon 97838 Phone: (888) 229-4108
Portland Office: 1001 SW 5th #1100, Portland, OR 97204
Bend Office: 622 NE 4th St., Bend, OR 97701