Frequently Asked Questions about Filing for Bankruptcy in Oregon and Washington

Below are answers to frequently asked questions about filing for bankruptcy in Oregon and Washington.

Will I lose all of my property, my car, or my personal possessions in bankruptcy?

Probably not. The policy of bankruptcy is to give a debtor a "fresh start." You are entitled to have a roof over your head, to feed your family, and to get to work so that you can pay your bills. If you have a substantial amount of equity in your home or your car, the bankruptcy trustee may decide whether it is necessary to sell some property to pay your creditors. However, in this economic climate, very few people have equity in their homes or cars.

Can I stop a home foreclosure on my mortgage?

Yes. A Chapter 13 bankruptcy will stop a foreclosure on your home. You can propose a payment plan to pay off your past-due mortgage payments over three to five years. If you file a Chapter 7, it will temporarily stop any foreclosure proceedings against you.

Can I stop collection calls and letters?

Yes. Once you file for bankruptcy, the automatic stay prevents almost all of your creditors from taking any action to enforce any debt. This includes collection calls, letters, and lawsuits.

I have already filed a bankruptcy, can I file again?

Yes, if your previous bankruptcy was filed a specified amount of time in the past. If your previous bankruptcy was a Chapter 7 liquidation, you need to wait eight years from the date the previous case was filed. If your previous bankruptcy was a Chapter 13 wage earner repayment plan, you need to wait four years to file a new Chapter 7 case and two years to file a new Chapter 13 case.

Can I stop a garnishment of my bank account or paycheck?

Yes. Almost all garnishments can be stopped with the exception of child support or spousal support obligations. Some creditors that hold claims that will not be discharged like student loans can start garnishment again as soon as your discharge is entered.

Can I leave a creditor off my schedules?

No. You are required to list all debts. Even debts that you want to keep paying. In fact, just because a debt is not listed on a bankruptcy schedule does not mean it is not included in the bankruptcy. In many cases even unlisted debts are discharged.

Please let us know if you arrived at this website by searching for Bankruptcy Attorney Portland Oregon, Bankruptcy Attorney Hillsboro Oregon, Bankruptcy Attorney Oregon City, or Bankruptcy Attorney Vancouver WA.

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