Articles from Oregon Bankruptcy Lawyer | Portland, Salem, and Vancouver, Wa

When Chapter 13 Bankruptcy Is Better Than Chapter 7 Bankruptcy

Bankruptcy Attorney in Portland, OR
Bankruptcy is a set of federal laws and regulations that can assist individuals and businesses with excessive debt. In almost all 94 federal judicial districts, bankruptcy cases are filed in bankruptcy court. Bankruptcy cases cannot be filed in state courts. By liquidating their assets to pay off their debts or establishing a repayment plan, bankruptcy laws enable individuals unable to pay their creditors to start over.

Losing the Automatic Stay for Repeat Bankruptcy Filings in Oregon and Washington

Losing the Automatic Stay: A Quick Summary
Filing for bankruptcy may be the solution when you want creditors to stop hounding you. The automatic stay stops any collection efforts, including but not limited to foreclosures, harassing phone calls, and lawsuits. However, repeated filings over the course of a year raise red flags that the bankruptcy system is being manipulated. If this is your second time or third time filing bankruptcy this year, you will need to show good faith in your bankruptcy petition if you want the automatic stay to stand.

When Does My Chapter 7 Bankruptcy Case End In Oregon?

Chapter 7 Bankruptcy: A Bird’s Eye View 
Chapter 7 bankruptcy gives you a “second chance” to get your finances under control by having a bankruptcy court legally discharge (or wiped out in friendly lingo) most of your unsecured debt, such as credit card debt, hospital bills, as well as personal loans. Rarely does it get rid of alimony, child support, student loans, or tax debt.

Bankruptcy Cases: Dismissed Without Prejudice?

Terminology like “dismissal without prejudice” is used in the legal industry, and it has significant implications when it comes to a bankruptcy filing. While having your bankruptcy case dismissed might be upsetting, a dismissal without prejudice is preferable to one with prejudice. The debtor is free to file for bankruptcy once more at any time. A request for an automatic stay or an automatic stay extension could be necessary if they file again to thwart collection attempts from a debt collector.

What Happens When You File For Bankruptcy In Oregon?

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.

Can You Lose an Automatic Stay for Repeat Bankruptcy Filings?

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.

What Type of Bankruptcy is Chapter 13?

what type of bankruptcy is chapter 13

Nonexempt Property In Bankruptcy: What Is It and What Can Be Done?

When faced with bankruptcy, we usually think of selling our possessions or having creditors seize them. Many fear this very notion since it always gives them thoughts of losing everything and I mean everything they worked so hard for. Of course, this won’t happen instantaneously. Creditors won’t just magically show up at your door and grab a hold of everything in your home.  There is always a procedure and that is what this blog covers. 

Is Bankruptcy Chapter 7 or 13 a Better Choice?

Is it Better to File Bankruptcy Chapter 7 or Chapter 13?
It is essential to keep in mind that different types of bankruptcy are suited for different filers, depending on their resources, obligations, and short- and long-term goals. Seeking legal advice early on is advisable as you look closely into your financial problems and work towards making a decision that will rebuild your financial future.

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