Chapter 7 * cases starting at $1000 in attorney fees plus court filing fees of $338
Chapter 13 * cases starting at $750 down which includes the filing fees and then hourly work will be billed
* Please note that all cases require a full consultation before an individual attorney fee quote can be made

Payment Plans Available. Call For A Free 1-Hour Consultation. 

A+ Premier Attorney Rating | The National RegistryA+ Premier Attorney Rating | The National Registry
Awarded | Top 100 Bankruptcy | Blog
A+ Premier Attorney Rating | The National Registry
Photo of Kim Covington

A Personalized, Sensitive
Approach To Bankruptcy

Should you and your spouse file for Ch. 13 bankruptcy jointly?

On Behalf of | Aug 5, 2015 | Chapter 13 Bankruptcy

In Oregon, it may not be in a married couple’s best interests to file for bankruptcy jointly. If you and your spouse are struggling with debt that is primarily in your spouse’s name, it may benefit both of you for your spouse to file for Chapter 13 individually. This is because Oregon is a common law state, which means that property acquired during the marriage is considered legally owned by the spouse who obtained it. The debts and property in your name would not be affected by the bankruptcy.

If you are a co-signer on a loan or a co-debtor on a credit card, you may still be protected from having to repay the debt when your spouse files bankruptcy individually. According to the Oregon State Bar, Chapter 13 bankruptcy includes an automatic stay for the co-debtor as well as the debtor. This prevents creditor actions against the shared property or debt. Your portion of the debt would be included in the payments your spouse will make to the trustee during the repayment plan. However, it could show up on your credit report and affect your score.

In some cases, it may be more advantageous for you and your spouse to file jointly. This is because jointly held properties may increase the amount allowable on exemptions, which are properties that can be protected from creditors in the bankruptcy. Spouses considering their options before filing Chapter 13 bankruptcy should know that this information is for educational purposes only and should not be considered legal advice.

FindLaw Network

Learn More About Your Fresh Financial Start

The Law Office of Kim Covington, is a woman owned debt relief agency, and I have helped families, individuals and small businesses, file for bankruptcy relief under the U.S. Bankruptcy Code, for over 24 years.