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We’re continuing down the road, helping you file for bankruptcy.
You can do it yourself.
You can hire a petition preparer.
Or you can hire a lawyer.
No matter which option you choose, it’s your responsibility for making sure your bankruptcy case is handled properly. After all, this is your future and your life we’re talking about.
And it all begins with the Petition.
The Bankruptcy Petition – Deceptively Simple
When you look at the bankruptcy petition, you see a three-page form filled with check boxes and blanks.
On the first page, you’ll need to complete the following information:

1. Your name
2. Your spouse’s name
3. The last 4 digits of your Social Security number (don’t have a Social Security number?)
4. Your residential address
5. Your mailing address
6. The county in which you live

This is all pretty easy, and chances are that you can breeze through it quickly and without too much trouble.
From there, the questions get more complex. For example.

1. Which type of bankruptcy are you filing? You can choose Chapter 7, 9, 11, 12 or 13
2. Which type of debtor are you? Pick one – individual, corporation, partnership or other
3. What is the nature of your business?
4. Are your debts primarily consumer debts, or are they non-consumer in nature?
5. Will funds be available to creditors?

Drawing down to the second page, you’ve got to answer some more questions:

1. Have you filed for bankruptcy within the past 8 years?
2. Are there any pending bankruptcy cases involving a spouse or partner?
3. Do you own or possess anything that could be a threat to public safety?
4. Is venue proper?
5. Does your landlord have a judgment of eviction against you?

Your Answers Have Consequences
We’ve outlined a number of questions, all of which are pretty easy.
The problem is that each one of these questions comes with baggage.
Prior bankruptcy cases within the past 8 years affect your current case.
Judgments by landlords create obligations you need to fulfill.
Your bankruptcy petition is merely the gateway to the rest of the proceeding.  It’s one thing to answer the questions and check the boxes.  Knowing what to do with those answers is another thing entirely.
How to File Bankruptcy: The Bankruptcy Petition was originally published on Consumer Help Central. If you're seeing this message on another site, it has been stolen and is being used without permission. That's illegal, a violation of copyright, and just plain awful.

Debtors across both Oregon and Washington who are being harassed by student loan lenders and hope to eliminate these debts through Chapter 7 Bankruptcy must navigate their way through a pretty nasty test. Bankruptcy courts in both Oregon and Washington rely on the three-part Brunner test to asses whether a student loan is dischargeable in bankruptcy based on a claim of undue hardship. This test is based on a thirty-year old U.S. Court of Appeals decision (Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 [2d Cir. 1987])
Under the Brunner test, an Oregon or Washington debtor must demonstrate:
1. The debtor cannot maintain, based on current income and expenses, a minimal standard of living for the debtor and dependents if forced to pay off student loans;
2. Additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period of the student loans; and
3. The debtor has made good faith efforts to repay the loans.
Since the Brunner decision, undue hardship has become the only criterion for discharge of student loans in bankruptcy, and court interpretations of the three prongs have become increasingly restrictive. Some courts interpret a minimal standard of living as the federal poverty level. For a household of one, income from whatever source derived would have to be at or below $11,490 per year and for a household of two, $15,110 per year. It would be extremely difficult to meet this standard if you receive any form of assistance from friends or family or receive anything in the way of government assistance.
Though absolute discharge of student loans can prove to be a pretty elusive goal, both Oregon and Washington debtors can at least find three to five years of relief under Chapter 13 of the Bankruptcy code. For an explanation of how that might work for you, please feel free to contact me anytime at either 503-232-5303 or 206-674-4559
The original post is titled Student Loans and Bankruptcy , and it came from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa .

You already know you need to file for bankruptcy protection.
Maybe you think that’s the hardest part of the process. In some ways, you’re right – there’s no way to overstate emotional agony involved in deciding on the right way to get out of debt.
After all, once you’ve decided to go for it the process isn’t too tough. Lots of people file for bankruptcy themselves.
In fact, a good chunk of the cases filed in Los Angeles are done without a lawyer involved.
But there’s a difference between doing something and doing it well.
It’s hard to do it right, however.  Even some lawyers get it wrong.
Getting Ready To File For Bankruptcy
First, you’re going to need to get your documents in order.
Then you’ll take credit counseling from a credit counselor approved by the Office of the United States Trustee. You can find a list of approved credit counseling agencies here.
Finally, if you’re smart, you’ll have everything all set to go to the case trustee for when he or she is assigned to your case.
Now Prepare Your Bankruptcy Petition
Once you’ve got it all together, you can sit down to prepare your bankruptcy petition; it’s only by filing your petition that you can officially be “in the system”.
The good news is that the form is a simple one.
There’s an official form, and the government provides instructions for you to use so you can be sure to get it right.
Read those instructions carefully; the simplicity of the form is deceptive. One wrong check mark and you’re in for a whole world of difficulty.
File Your Bankruptcy Petition
Head on down to the U.S. Bankruptcy Court, pay your filing fee and submit your Petition. If you’re too broke to pay the filing fee, there’s another form to submit that will either waive the fee or allow you to pay it in installments.
Now pat yourself on the back – you’ve filed for bankruptcy.
There Are A Few More Steps To Take
Remember that credit counseling certification? You’ll need to file it along with another form.
If you have environmentally hazardous or dangerous property, there’s another form.
And if your landlord has a judgment against you for eviction then there’s some more to be done.
There are also bankruptcy schedules, a Statement of Financial Affairs, a means test and other forms to be completed and filed in short order.
All simple, deceptively so. All fraught with pitfalls and traps for the unwary.
Check back tomorrow – we’ll start talking about these pieces of the grand bankruptcy puzzle.
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How To File For Bankruptcy: An Introduction was originally published on Consumer Help Central. If you're seeing this message on another site, it has been stolen and is being used without permission. That's illegal, a violation of copyright, and just plain awful.

  Before filing your bankruptcy case, it is important to decide if bankruptcy is your best option. Depending on the specifics of your financial problems, we will gather and discuss as many of the facts in your case. We will want to know all aspects of your financial situation and what your desired outcomes are. [...]