Just like in other states, Oregon lawmakers have set up specific requirements that must apply to filers before they can be granted any relief by the courts. These rules and procedures are in place to ensure that fraud remains low and that the courts are not overburdened by people needlessly filing for bankruptcy when other remedies may suit their situations more fully. At (The Law Office of Kim Covington, our staff recommend that our clients learn these requirements before they decide whether or not to pursue filing their bankruptcy.
According to the United States Bankruptcy Court for the District of Oregon, any person and many partnerships, business trusts and corporations may be eligible to file a petition for bankruptcy. However, only individuals can file a Chapter 13 petition. Furthermore, Chapter 7 bankruptcies are only available for those who have not received a discharge of their debts in other chapter 7 or 11 cases within the immediately preceding eight years. Filers must also wait six years following a chapter 12 or 13 discharge unless the payment plan was completed in full or the debtor’s best effort resulted in at least 70 percent of repayment under the terms of the plan.
Under federal law, filers must have continuously lived in the state for more than 90 days with the intention of continuing to live there for the foreseeable future. State law, however, requires that filers live in Oregon for at least 6 months. If residency cannot be established for the two years prior to a bankruptcy filing, then the federal exemption laws are often used in the proceedings to determine which protections the filer will have. Visit our web page to learn more about this topic.