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Filing bankruptcy is often seen as a last resort for people experiencing financial difficulties. Declaring bankruptcy may provide you with an opportunity to get your finances in order, and potentially even a clean slate—but it also has negative consequences that can impact your assets and make it hard to get approved for credit for years.
Many companies provide forms and booklets that people can use to file for bankruptcy on their own. However, bankruptcy laws may be confusing, and mistakes can sometimes mean that you still owe money on bills that you believed were discharged. As such, it is advisable to get the advice of an experienced bankruptcy attorney.
Additionally, bankruptcy can affect your chance to purchase a vehicle, a home, or other properties for at least 10 years. A bankruptcy attorney can advise you on whether filing for bankruptcy is the best option for your particular circumstances.
If you want to learn more about bankruptcy or get help with a bankruptcy case, you should speak with one of our Salem bankruptcy lawyers at Northwest Debt Relief Law Firm for legal advice.
Our bankruptcy attorney will take the time to answer your questions so you can have peace of mind. We can reduce the stress and burden of your financial problems right now.
Bankruptcy Law And Bankruptcy Exemptions in Oregon
Bankruptcy is the legal process that happens when a person or company is unable to pay an outstanding debt to their creditor (credit card debt, mortgage debt, medical debt, student loan). Filing bankruptcy helps those who have been enslaved by debt to find freedom from their financial liabilities while also helping creditors in recovering part of their money through the sale of assets or repayment programs.
All bankruptcy cases in Oregon are governed by the US Bankruptcy Code and conducted in federal court. As such, bankruptcy filing in Oregon is largely similar to filing in any other state. However, Oregon bankruptcy laws come into play as well, influencing the debtor’s exemption privileges and what property is protected.
During the bankruptcy process, the courts will appoint a trustee whose responsibility is to ensure creditors recover the maximum amount of money due while relieving the debtor of their financial burdens. In many circumstances, this entails dissolving assets and property that are not protected by Oregon bankruptcy exemptions to pay off the creditors. Any outstanding debts are then erased.
A structured repayment plan spanning three to five years, on the other hand, can help the debtor manage their financial responsibilities and provide them time to pay off their debts. Please keep in mind that there are some debts that you will not be able to wipe out in bankruptcy.
The U.S. Bankruptcy Code is grouped into chapters, each of which defines and details the legal processes for certain kinds of bankruptcies. The vast majority of cases come under Chapter 7, Chapter 11, or Chapter 13, which are all detailed below. In deciding which one to pursue, the debtor should consider who is filing the case and what the debtor hopes to accomplish.
What Happens When You File For Bankruptcy In Oregon?
When a bankruptcy petition is filed at the clerk’s office, the automatic stay goes into effect immediately. It will prohibit almost all creditors from pursuing collection action against the debtor or the debtor’s property.
The bankruptcy court sends a notice to all creditors informing them of the following:
- bankruptcy filing,
- case number,
- automatic stay
- name of the bankruptcy trustee working on the case (if filed under chapter 7, 12, 13, or subchapter V of chapter 11)
- date set for the creditors’ meeting
- deadline (if any) for filing objections to the debtor’s discharge and/or the dischargeability of specified debts
- whether and where to file claims
The specific information in the notification is determined by the chapter which the lawsuit is filed under.
If the debtor resides near Portland or Eugene, the meeting of creditors is normally convened within 25 to 40 days after filing, or between 25 to 60 days if the meeting is held elsewhere in the state. At the meeting, the debtor is expected to reply under oath to questions from the bankruptcy trustee as well as any inquiries from creditors on the debtor’s financial status and assets. The debtor is required to attend this conference, although a creditor is not required to do so.
What Happens In A Chapter 7 Case: Liquidation
Chapter 7 bankruptcy can be filed by individuals, small businesses, and big companies. Debtors filing for Chapter 7 bankruptcy, often known as “liquidation bankruptcy” or “straight bankruptcy,” are required to liquidate their assets in order to pay off any remaining unsecured debt.
According to Oregon bankruptcy legislation, the federal courts will appoint a trustee who is in charge of selling assets in the order of “absolute priority” as specified in Section 1129(b)(2) of the United States Bankruptcy Code. The list of Oregon bankruptcy exemptions specifies which property the debtor is allowed to keep – they would never be required to sell all they own. All remaining debts are legally discharged (removed) when the assets are sold.
In a Chapter 7 case involving a single debtor, creditors normally have 60 days from the first date scheduled for the creditors’ conference to object to the discharge of all of the debtor’s obligations and/or the dischargeability of a particular debt. If no challenges to the debtor’s discharge of all obligations are lodged by the deadline, the court will issue a discharge order.
If any objections to the dischargeability of particular debts are raised, the court will hear them, but they will not prevent the court from issuing a discharge for other obligations. An objection to discharge or the dischargeability of specific debts is treated as a separate lawsuit (an adversary proceeding) inside the bankruptcy case, and it may lead to a trial before the judge assigned to the case. Corporate and partnership debtors in Chapter 7 do not get discharges.
If there are no estate assets available to pay a dividend to creditors, the trustee files a report of no distribution and the case is closed. If there are non-exempt assets, funds are available for distribution. The bankruptcy court establishes claim deadlines and informs all creditors of the need to file proofs of claim. The trustee then goes about collecting assets, liquidating them, and distributing the proceeds to creditors.
What Happens In A Chapter 13 Case: Repayment Plan
Individuals and businesses can both file for Chapter 13 bankruptcy. It is a great alternative for anybody who wants to keep all of their property. Also known as “repayment plan bankruptcy” or “debt adjustment bankruptcy,” the debts will be paid back over the following three to five years. This means that the debts will exist for up to five years, but you will be able to keep everything exempt and non-exempt property.
Creditors are granted the right to object to the plan in a chapter 13 case. If no objections are lodged by creditors or the bankruptcy trustee, the plan may be confirmed. Once the plan is confirmed, the trustee will distribute to creditors the proceeds of the debtor’s plan payments until the debtor completes the plan or the court dismisses or converts the case.
When the chapter 13 plan payments are completed, the court issues a discharge order, the trustee makes a final report, and the case is closed. A discharge may be granted if certain criteria are met.
What Happens In A Chapter 12 Case: Family Farmers
Chapter 12 bankruptcy is only used by family farmers and fishermen who have a steady yearly income. This type of bankruptcy, like Chapter 13, operates by creating a repayment plan to pay all unpaid debts back to the debt collection agencies. The repayment programs are available for up to five years, during which time, business can continue as usual.
The confirmation hearing in a chapter 12 case must be concluded within 45 days of the bankruptcy plan’s filing. If a plan is not confirmed, the bankruptcy court may consider dismissing the case. If confirmed, the bankruptcy trustee distributes the debtor’s payments and ensures that the farming operation runs successfully.
When the chapter 12 plan payments are completed, the court issues a discharge order, the trustee makes a final report, and the case is closed. A discharge may be granted if certain criteria are met.
What Happens In A Chapter 11 Case: Large Reorganization
Chapter 11 bankruptcy is often reserved for big companies. Individuals with extraordinarily large outstanding debts, on the other hand, can petition for this form of claim too. The unpaid amount is not immediately paid through the sale of assets in a “reorganization bankruptcy”. Instead, the court-appointed trustee restructures the debts while business as usual continues.
The bankruptcy laws in Oregon require the debtor to repay their debts with the company’s future income, but it does give an opportunity for the corporation to emerge as a thriving business. If the company is unsuccessful, it will be forced to file for Chapter 7 bankruptcy to pay any outstanding debts.
The debtor meets with the U.S. Trustee’s staff before the creditors’ meeting in a chapter 11 case. During the meeting, the U.S. Trustee examines the debtor-in-possession’s responsibilities and restrictions, explains the quarterly fees and monthly operating reports, and generally discusses the debtor’s financial situation and the breadth of the anticipated plan of reorganization.
The U.S. Trustee encourages interested unsecured creditors to organize a creditors’ committee and play an active role in pushing the case forward. Before votes for and against the plan can be sought in most chapter 11 cases, a disclosure statement must be filed with the plan and approved by the court.
The court makes a final decree closing the case when the estate has been fully administered. Before the payments required by the plan are made, a chapter 11 estate may be declared fully administered and closed.
Call Now For An Appointment For A Free Debt Solutions Consultation!
We believe so passionately in our holistic solution to bankruptcy that we are not only providing a free debt recovery program to all new customers, but also to old customers. There is simply no quicker way to rebuild credit after a bankruptcy in Oregon than by filing your bankruptcy case with Northwest Debt Relief Law Firm.
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The post What Happens When You File For Bankruptcy In Oregon? appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief Law Firm.
https://www.reuters.com/legal/transactional/bankruptcy-filings-are-creeping-back-up-early-2022-2022-04-05/(Reuters) - Bankruptcy filings have started to increase this year and the number of new cases filed in March jumped significantly from February, but remain below last year's numbers, according to data released on Tuesday by legal research firm Epiq.The total number of new commercial and consumer bankruptcies filed in March grew 33.5% over the month prior, according to Epiq, with consumer filings increasing by 34% and commercial cases jumping by 26%. Those figures build on the slight upward trend that began in February, which brought 3% more new bankruptcies than January, according to Epiq’s data.But, the overall number of filings are still down compared to last year. The first quarter of 2022 brought a 17% decline in new filings compared with the same period in 2021, with consumer cases down 16% and commercial cases down 25%.Bankruptcy filings have largely dipped since the COVID-19 pandemic hit the U.S. in March 2020, as government aid programs helped keep individuals and businesses afloat. But experts say that as those aid packages dry up, people and companies alike will start seeking debt relief via bankruptcy again.“Amid rising interest rates, growing inflation concerns, worker shortages and supply chain challenges, access to bankruptcy is imperative for struggling consumers and businesses,” Amy Quackenboss, executive director of the American Bankruptcy Institute, said in a statement on Tuesday.Chapter 11 cases, which encompass larger commercial bankruptcies, were up 38% in March over February, but down 43% for the first quarter of 2022 compared with the same period in 2021.Small business bankruptcy filings known as subchapter V cases, a new type of filing that went into effect in February 2020 under the Small Business Reorganization Act, hit record numbers last month. Epiq said the 81 cases filed the week of Mar. 21 is the highest weekly total ever for that type of bankruptcy.That spike came just before the $7.5 million debt limit for businesses that file under subchapter V was set to drop down to $2.7 million, though legislation is underway to permanently bring the debt limit back up to $7.5 million.Individual filings could also increase if Congress passes legislation that would increase the debt limit under Chapter 13 of the bankruptcy code to $2.75 million from the existing $1.2 million. The bill, which was introduced in the Senate last month and has bipartisan support, aims to simplify eligibility for Chapter 13 protection and make it easier for self-employed people to qualify for bankruptcy relief.
Preoccupied Congress Fails to Act, Sending Debt Limit Back Down to $2.7 Million and Reducing Availability of Subchapter V Protection for Small Businesses See article at https://lnkd.in/dMyGQWq6
Due to a lack of action by Congress, the Small Business Bankruptcy Law known as Sub V, debt limit, will be reduced to $2.7 million, which will limit the number of distressed companies that will be able to file for Sub V bankruptcy protection. Jim Shenwick 212 541 6224 [email protected]
The Covid/19 pandemic has changed how we work forever, and bankruptcy practice is no exception.
Just two years ago this is what we did:
- We met most new clients in person during office meetings.
- Most cases were signed in person.
- An 80-page bankruptcy petition was signed with ink signatures on paper.
- Debtors attended a Section 341 Meeting of Creditors at the courthouse.
- Agreements to reaffirm home and car loans were signed on paper and mailed to creditors.
All that changed in March 2020 when the pandemic forced courts to close down. Since that time we have signed all cases electronically and meetings with the bankruptcy trustee (required under Section 341 of the Bankruptcy Code) have been conducted over the telephone.
Although many questioned whether telephone 341 meetings would be effective since the trustees cannot see the person testifying under oath, the general feeling is that little has been lost in the process. Trustees seem to be as effective conducting telephonic exams as they are with live in-person examinations.
Some trustees have even said that telephonic meetings are actually better since fewer debtors miss the hearings due to work or family conflicts. They can call in during work hours and can attend even if they are sick.
I think some trustees are as delighted to avoid dressing up for hearings that stretch out all day in federal courthouses as are debtor’s counsel who frequently work from home.
The big news received this week is that the United States Trustee’s Office will be implementing a new nationwide Zoom 341 hearing system to be unveiled in the next year.
Wow, this is really a big deal. It means that in-person 341 hearings are permanently a thing of the past. It also means the US Trustee’s office has carefully evaluated the effectiveness of remote hearings and have found them to be successful.
Zoom 341 hearings will offer several advantages over voice conference calls:
- Facial Expressions: Trustees will be able to see the debtor’s testify and read their facial expressions.
- Shared Screens: Trustees will be able to share their computer screen with the debtor to bring attention to specific lines of the bankruptcy petition, tax returns, bank statements or other documents. That rarely occurred during in-person hearings.
- Waiting Rooms: Zoom technology allows meeting participants to be keep in an electronic waiting room until their meeting is up.
- Meeting Queues: Zoom may allow participants to know how many cases will be called before their turn.
- Muting Feature. Whether meetings take place in person or on conference calls, trustees are frequently annoyed by folks who talk during other people’s hearing. Zoom technology may empower the trustees to mute all voices not involved with the case.
The obvious problem with Zoom meetings will be that some debtors will struggle with the technology. Not everyone uses a smartphone or computer. So there will probably need to be rules that allow low-tech debtors to call in on the phone. Perhaps attorneys may need to file motions to allow such calls for those debtors.
No doubt, Zoom 341 hearings will create new complications and technology frustrations, but overall the move to Zoom hearings is a great advancement.
Debtors will not need to take a day off work to attend routing meetings that generally last no more than a few minutes. Debtor attorneys may continue to evolve their remote office practices. Shared screens may actually cause the trustees to ask more penetrating questions by showing debtors documents that contradict their testimony.
The downside of Zoom 341 meetings? Yep, everyone needs to start dressing up again.
Image courtesy of Flickr and Radiofabrik-Community
Interesting article about Boris Becker bankruptcy filing and allegedly hiding assets. The article can be found at https://www.espn.co.uk/tennis/story/_/id/33570612/boris-becker-acted-dishonestly-hiding-wimbledon-australian-open-trophies-declaring-bankruptcy?platform=amp Jim Shenwick, Esq 212 541 6224 [email protected]
So, you’ve already filed for bankruptcy. With the automatic stay in effect, creditors, especially the abusive ones, wouldn’t be able to bug you. However, it’s inevitable to face renewed financial difficulties soon after emerging from bankruptcy.
If you’re thinking of filing for a second time, you may want to learn about the governing rules on repeat filings. It’s because you can lose the automatic stay for multiple bankruptcy filings.
To avoid forfeiting your rights to bankruptcy benefits, read this blog post. Let our bankruptcy attorney from Northwest Debt Relief Law Firm discuss everything you need to know about the automatic stay provision and the effects of losing this privilege due to serial filing. But before diving into these discussions, here’s a quick refresher course on automatic stay.
What is an automatic stay?
An automatic stay is a provision in the US Bankruptcy Code that temporarily prevents creditors, collection agencies, government entities, and others from contacting or requesting money from their debtors.
Immediately after a debtor files for bankruptcy, the automatic stay takes effect. Its enforcement will protect debtors against creditors who want to start or continue pursuing a debtor or the debtor’s property.
However, this petition does not apply to non-debtor entities, such as corporate affiliates, corporate officers, co-defendants, or guarantors.
What activities are subject to the automatic stay?
As mentioned, the automatic stay protects debtors from the creditors’ collection activities. When the creditor receives a notice from the court regarding the debtor’s bankruptcy, the following activities are subject to this federal court order:
- Foreclosure proceedings
- Tenant eviction
- Utility disconnections
- Collection of overpaid public benefits
- Multiple wage garnishment
Unless the creditor properly files and serves a motion for relief from the automatic stay, the injunction will not be removed or modified. Of course, it depends on the bankruptcy judge granting the motion.
What activities are not subject to the automatic stay?
There are, however, debtor proceedings and obligations that are not subject to an automatic stay. Child support and alimony payments are sample obligations not protected by the automatic stay provision. Others include:
- Money owed because of a criminal proceeding
- Interception of a tax refund for domestic support obligations.
- Action by a landlord of a nonresidential lease that expired before the filing of a petition
- Tax obligations, including audits, demand for tax returns, and tax assessment
- Domestic proceedings, such as dissolution of marriage and domestic violence
What is the consequence of violating the automatic stay?
Once the automatic stay is in effect, the creditor must honor the provision and refrain from contacting the debtor. Should the creditor violate this federal injunction, the debtor can file a lawsuit against the creditor’s company. Violators could face serious repercussions that may result in court fines.
It’s important to remember that these consequences only apply when there’s a willful violation. Sometimes, miscommunication occurs between the creditor and the bankruptcy court, resulting in an unintentional violation.
In other words, the debtor typically may only recover damages if the creditor has a deliberate intent to violate the automatic stay. For instance, the creditor inadvertently moved to foreclose the debtor’s estate. If the violation is proven, the creditor must return the property immediately to the debtor.
How long will an automatic stay in effect?
An automatic stay remains as long as the bankruptcy proceeding continues and the court issues a bankruptcy discharge to the debtor. However, there are instances where an automatic stay can be cancelled or lifted:
- When the property serving as collateral has no equity
- If the litigation doesn’t affect the bankruptcy case
- The debtor has more than one bankruptcy case pending at the same time (repeat bankruptcy filing)
These conditions only mean that the automatic stay isn’t absolute.
Creditors—for their benefit—could file a motion to lift the stay before the bankruptcy case is closed, as long as they get the judge’s permission first. An automatic stay will not also apply in cases where litigation can’t move forward. These situations include criminal matters, domestic proceedings, and support obligations.
Lastly, multiple bankruptcy filings can affect your automatic stay timeline or cancel it altogether. It’s because the bankruptcy law determines the time limits on the type or chapter you choose during your filing. And these limits apply only to bankruptcies where you have received a debt discharge.
Losing an automatic stay for repeat bankruptcy filings
Bankruptcy is in place to provide debtors financial safety net. And an automatic stay is imposed to give further relief to such a crisis. However, some rules are just meant to be violated, whether intentionally or accidentally. And a court order such as an automatic stay is no exemption.
The accounts of serial filing in the past led to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”)
One of the amendments was to limit or eliminate the automatic stay protections for repeat filings within one year.
Yes, you can lose your rights to an automatic stay if the court finds out that you’ve acted in bad faith while filing a second case.
If you’re wondering when to file for bankruptcy protection again, you have to recognize first what type of bankruptcy you filed before and what kind of bankruptcy you want to file now. In this regard, let’s talk about the two most common types of bankruptcy.
Chapter 7 bankruptcy
Chapter 7 or liquidation bankruptcy, is a typical legal process to clear your debt. It works by protecting the property you need to live a dignified life. But if you have numerous properties, the bankruptcy trustee may liquidate (sell) them and use the sales proceeds to pay creditors.
While bankruptcy falls under federal law, every state has its way of deciding the type and amount of property you can exempt. Some states are more generous than others; thus, exemptions may vary.
If you previously filed Chapter 7 bankruptcy, you’ll need to wait eight years after your first filing to be eligible for another discharge under Chapter 7.
So, filing another bankruptcy within a year of your first case’s dismissal will result in the denial of discharge in the second case. Also, the automatic stay will terminate within 30 days of the new case filing. The court might also find your filing abusive, which might prevent you from using Chapter 7 and exercising your automatic stay rights.
Chapter 13 bankruptcy
Unlike a Chapter 7 case, Chapter 13 bankruptcy allows debtors to restructure bills over three to five years; in some cases, they may pay less than what they owed.
A typical Chapter 13 filer has a regular income and can repay creditors some amount that may not be the total unpaid balance. Other debtors only need some time to catch up on bills without facing collection lawsuits or wage garnishments.
Just like in Chapter 7, the automatic stay takes effect right away once you file for Chapter 13 bankruptcy. Remember, though, that you’re only allowed to file for a second Chapter 13 bankruptcy two years after the first filing. Violating this rule will also lead to terminating your automatic stay.
Seek expert advice from bankruptcy lawyers in Portland
The quickest way to relieve yourself from debt is to file for bankruptcy. Whether you file a Chapter 7 or 13 case, the weight of living in debt is somehow made bearable because of an automatic stay.
However, we talked about how the same financial issues could arise soon after a previous debt has been resolved. As a result, you might file for a second case the same year without knowing the time limits or waiting periods on bankruptcy discharges. If you’re found acting in bad faith, you might lose your automatic stay.
The question now is, how can you avoid committing such a mistake?
First, you need a bankruptcy attorney in Portland to help you understand the best debt relief option that fits you. Hiring a bankruptcy lawyer will make your filing easier.
Second, seek expert advice when switching one chapter case to another. Ask your lawyer when filing for multiple bankruptcy cases is a smart decision.
Reach out to Northwest Debt Relief Law Firm to get the assistance you need. We believe that bankruptcy is not necessarily the end of financial freedom—it can be the beginning. So, talk to our most trusted debt relief lawyers to receive the best legal services. This decision could be your first step to living a debt-free life.
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The post Can You Lose an Automatic Stay for Repeat Bankruptcy Filings? appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief Law Firm.
Updated daily, this blog will keep you informed on the latest bankruptcy news! 
Learn more about how Bankruptcy works and what you need to know.