Asked in Bankruptcy for Oregon

Q: Can some provide me a simple step by step process how to declare chapter 7 bankruptcy and all the forms in need?

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2 Lawyer Answers
David Earl Phillips
David Earl Phillips
Answered
  • Bankruptcy Lawyer
  • Nashville, TN

A: Bankruptcy is not a good DIY project. The forms are very complicated and very few people are able to file their on case and obtain a discharge. Check in your area for a bankruptcy lawyer and shop around. Bankruptcy does not really cost that much and you can save yourself a lot of problems. Hope it works out. Good luck!

Joanne Reisman agrees with this answer

Joanne Reisman
Joanne Reisman
Answered
  • Bankruptcy Lawyer
  • Portland, OR
  • Licensed in Oregon

A: No. Justia is not a forum for advising people how to do their own bankruptcies. Assuming you are in Oregon, you can go to the Oregon Bankruptcy Court's website and read all the information provided for debtor's and self represented people. http://www.orb.uscourts.gov/. There are places that sell the forms. The problem is not getting the forms, but is understanding what you need to put down to avoid problems. You need to know what exemptions and how that protects your property from being seized by the bankruptcy trustee. You need to know if you risk losing property that isn't exempt because once you file, you can't fix this mistake. You need to know that certain transfers or payments to creditors before you file could be scrutinized by the bankruptcy court and could lead to problems with your bankruptcy. You need to understand how to figure out if your income for the last six months falls below the means test levels such that you are eligible to file. There are many more things you need to know and understand and you absolutely will need the assistance of an attorney. If you are penniless then you may not need to file a bankruptcy. You may just need to learn that creditors can't take anything from you and learn to ignore their phone calls and letters. Many attorneys will screen your case for free and tell you if you are judgment proof and explain what that means. You can also try contacting legal aid as legal aid may have a program to help extremely low income people file bankruptcy. Just don't attempt it without the assitance of an attorney.

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