Beaverton Bankruptcy: Myths of an Oregon Bankruptcy

MYTH One: You cannot eliminate or discharge debt thanks to 2005 changes for the State of Oregon bankruptcy laws.

DISPEL IT:  Not the case!  Filing a Chapter 7 BK petition in Eugene or Portland Oregon Court will still enable the debtor to discharge debt.  Generally speaking, in most cases the average unsecured debt can be discharged.  The Means Test was the largest component for the 2005 law change, which applies to some debtors having to take the alternate route of a Chapter 13 bankruptcy filing.

MYTH 2: You will never be able to get credit again.

DISPEL IT: Sometimes quite the opposite! Once you file a Chapter 13 or Chapter 7 bankruptcy in Oregon you may find yourself receiving many new offers to take on new debt. It gets tricky in that there are many traps one can fall into with offers that require certain payback systems that is difficult to meet (landing some back in bankruptcy court trying to refile but they cannot)! A good piece of advice is to not initially take on a bunch of new debt once your bankruptcy has rendered you a Fresh Start.  However, if you do wish to find a lender, they are out there.

MYTH 3: Filing Chapter 7 in Oregon means losing or selling hard-earned property.
DISPEL IT: Not the case!  Oregon debtors, you will not have to sell or give up everything you own. The Oregon rules under Bankruptcy laws provide that each Chapter 7 debtor(s) are allowed to retain certain quantities of specific types of property.  An example would be personal property such as a coveted family heirloom or particular homes or vehicles of approximately 40,000 dollars in equity can more than likely be protected.

There are always exemptions so contacting a qualified Oregon bankruptcy attorney is a key component when considering filing bankruptcy.  

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