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The Debtor, Creditors, and Clerk in a Bankruptcy Case

January 9, 2017 by Chris Kane

Your bankruptcy case will make much more sense if you know the roles of the people involved, starting with debtor, creditors, and clerk.    The Debtor This is the “person” filing the bankruptcy case. An individual can file a case, as can a married couple. The ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: bankruptcy court, clerk of bankruptcy court, creditors, debtor, secured debts, unsecured creditors

When File a “Chapter 20”?

December 12, 2016 by Chris Kane

If you need more help on payment terms with debts that can’t be discharged, filing Chapter 13 right after Chapter 7 may be your best option.   Last week we introduced the so-called “Chapter 20”—filing a Chapter 13 case right after completing a Chapter 7 one. The focus ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: Chapter 13 plan, Chapter 20, conversion to Chapter 13, discharge debts, nondischargeability, priority debts

What’s “Chapter 20”?

December 5, 2016 by Chris Kane

If you owe too much debt but still need Chapter 13, “Chapter 20” may be your best solution.   How Much Is Too Much Debt? Chapter 13 “adjustment of debts” has debt limits. A person or couple can’t be in a Chapter 13 case with more than $394,725 in total unsecured ... Read More »

Filed Under: Bankruptcy History, Bankruptcy Procedure Tagged With: automatic stay, benefits of Chapter 13, Chapter 13 debt limits, Chapter 13 discharge, Chapter 7, Chapter 7 discharge

Be Careful About a Recently Dismissed Bankruptcy Case

September 19, 2016 by Chris Kane

Don’t get tripped up in a rule designed to prevent bankruptcy abuse.   Don’t Lose the Precious “Automatic Stay” One of the most important benefits you get from filing bankruptcy is protection from your creditors. That legal protection is called the “automatic ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: automatic stay, dismissal of case, good faith, prior bankruptcy case, serial bankruptcy filings, serial filer

When It Makes Sense to File Bankruptcy Too Soon to Discharge Debts

September 12, 2016 by Chris Kane

You can file a new bankruptcy very soon after a prior one, without getting a discharge of your debts. So how could that be worth doing?   The last blog post was about how long you must wait after a prior bankruptcy to file a new one. The timing rules refer to getting a discharge of your debts ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: bankruptcy discharge, Chapter 13 case, discharge debts, filing new bankruptcy, filing second bankruptcy, writing off new debts

If You Filed Bankruptcy Before, When Exactly Can You File Again?

September 5, 2016 by Chris Kane

To file a bankruptcy case after filing one earlier, sometimes you must wait 8 years but it may be only 6 or 4 or 2 years, or even 0 years.   To Get a Discharge—a Legal Write-off—of Debts There are various rules about qualifying to file bankruptcy. Some of those rules involve ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: Chapter 13, Chapter 7, date of filing case, discharge of debts, qualifying for bankruptcy

Your Simple Debts, Your Complicated Debts

June 6, 2016 by Chris Kane

Chapter 7 gives you a fresh financial start by legally erasing most of your debts. That’s great if your debts are simple ones.   Simple Debts and Complicated Ones You have debts that are overwhelming you. If you go through a procedure called Chapter 7 “straight bankruptcy,” in ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: Chapter 13, Chapter 7, discharge, discharge of debts, secured debt, unsecured debt

Debts Not Listed in Your Bankruptcy Documents

April 25, 2016 by Chris Kane

If one of your creditors is not included in your "schedules" you risk continuing to owe that debt after your bankruptcy is finished.   Legal Obligation to List All Creditors Overall you are required by law to list all your debts and their creditors on your bankruptcy schedules. You can’t ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: asset Chapter 7 case, creditor schedules, creditors, discharge of debts, no-asset case

Three Types of Debts

April 6, 2016 by Chris Kane

Your debts can be “secured,” “priority” or “general unsecured.” How they're treated in bankruptcy depends on which type they are.   The purpose of bankruptcy is to deal with your debts. You want to know: Will you still owe anything to anybody after filing bankruptcy? What happens to debts you ... Read More »

Filed Under: Bankruptcy History, Bankruptcy Procedure Tagged With: Chapter 13 plan, Chapter 7, discharge of debts, general unsecured debts, Portland bankruptcy lawyer, priority debts, priority debts in Troutdale OR, secured debt, secured debts in Portland OR

What’s the Size of Your Family for the “Means Test”?

March 28, 2016 by Chris Kane

Use the right “number of people in your household” to qualify for Chapter 7. Sometimes obvious, but not always.   Our last blog post last week was about which state to use for the “means test” when you have connections to more than one state. The way you answer that question can be crucial ... Read More »

Filed Under: Bankruptcy Procedure, Chapter 7 Tagged With: Chapter 7, disposable income, means test, median family income, median income, Oregon median family income, Portland bankruptcy lawyer, Portland means test

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Welcome to the Portland Bankruptcy Law Blog

I'd like to help you overcome your financial problems. One good way to start is to provide you with accurate and timely information about the bankruptcy laws. I do that here through informative blog posts, with a new one published here every week. I've been doing this for years so there is a wealth of information for you here.

But please be aware that since you are unique person you need a highly personalized solution to your challenges. That requires the analysis and advice of a conscientious and highly experienced attorney. That's really the only sensible way to get the benefit of the many powerful and effective remedies that the law provides.

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