Oregon Bankruptcy Records

Are Bankruptcy Records Public Information in Oregon?

Bankruptcy records are public information that can be obtained by interested parties. The Freedom of Information Act (FOIA) classifies bankruptcy records as public records. The Act mandates custodians of records to make them available to persons that wish to obtain a copy or inspect them. Records are usually made available electronically or at the custodian's office.

However, the general public only has access to non-confidential bankruptcy records. Any record that is sealed or expunged by the court ceases to be public information. Such restricted records become confidential information that is only accessible to certain individuals.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

• A complete name of the debtor involved in the record
• A bankruptcy case number

How to Get Oregon Bankruptcy Records?

Copies of Oregon bankruptcy records are available for copying or inspection at the clerk's offices. Each office is equipped with a computer in its lobby that requesters can search for bankruptcy information. They can also print records for a fee of $0.10 per page. If the requester fails to get a record from the computer, the clerk's office personnel can locate the desired document for them. However, a search fee of $32 and a copy fee of $0.50 per page apply. An $11 fee is also assessed for the certification of a document.

Apart from in-person requests, the clerk also attends to records requests via U.S. mail. A written request can be forwarded to the clerk's office via mail to receive paper bankruptcy records. A similar copy fee of $0.05 and a search fee of $32 also apply to use this medium. Each written request must convey the debtor's name, case number, document desired, the requestor's name and phone number, and a delivery address. Requesters can mail their written requests to the Bankruptcy Court at the addresses below:

U.S. Bankruptcy Court
1050 South West 6th Avenue
Portland, OR 97204
Phone: (503) 326-1500

U.S. Bankruptcy Court
405 East 8th Avenue
Eugene, OR 97401
Phone: (541) 431-4000

Electronic access to Oregon bankruptcy records is available via the Public Access to Court Electronic Records (PACER) service. The system requires interested persons to sign up before searching for bankruptcy records stored on its database. A copy fee of $0.10 per page and $3 for a document of thirty pages apply. Users of the PACER service can contact the PACER Service Centre at (800) 676-6856 or pacer@psc.uscourts.gov if they encounter any issues or cannot find the particular bankruptcy information they desire.

Alternatively, individuals can make email requests to get electronic copies of bankruptcy records by completing the court's contact form. All requests must include the debtor's name, bankruptcy case number, and also state the information or document sought. The information available through this medium includes petitions, schedules, discharge orders, and an order of dismissal. The clerk's office responds to emails by attaching the requested information in its reply. The attached documents are usually in PDF format. The email service is available at no cost. Email requests are typically attended to within two business days.

Record seekers may also obtain bankruptcy records from third-party websites. These non-governmental data platforms often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. Most third-party sites require some information to process a search. Record seekers may need to provide:

• A bankruptcy case number (if known)
• The name of the debtor on record

Bankruptcy in Oregon

Bankruptcy in Oregon is a legal action used by insolvent persons, businesses, and government entities to free themselves from all or majority of debts, in compliance with the U.S. Bankruptcy Code and federal rules. There are various forms of bankruptcy that debtors may use to settle financial obligations according to chapters of the Bankruptcy Code. However, the process typically begins when a debtor files a bankruptcy petition in a U.S. Bankruptcy Court in Oregon with jurisdiction over the individual’s residential area, business location, or location of the debtor’s primary asset.

The court usually requires the debtor to take a credit counseling course and satisfy other conditions before filing a petition and other documents listing debts, creditors, assets, liabilities, and income. By filing a bankruptcy petition, the court shall protect debtors from collection activities while the debtor liquates assets or creates a plan for debt repayment. Information on the entire process from filling to closing the case shall be available on the bankruptcy record, including:

• Case number, filing date, and other filing details
• Debtor’s name
• List of debts, creditors, and type of debts
• Details of the petition, certificates, and schedules submitted
• Trustee’s details
• Legal representative details
• Details of court hearing or meeting of the creditors
• Trustee’s report
• Details of discharge or discharge objections
• Final report and disposition
• Date of closing case

What are Oregon Bankruptcy Records?

Bankruptcy records in the State of Oregon provide information on bankruptcy cases that occur within the state. Oregon bankruptcy records contain documents and bankruptcy information generated from filings, case proceedings, and other bankruptcy case information.

Generally, individuals and organizations can file for bankruptcy if they fail to repay creditors. The court requires a debtor to file some documents when filing for bankruptcy. The type of documents submitted depends on the type of bankruptcy chapter filed by the debtor.

The U.S. Bankruptcy Court, District of Oregon handles all bankruptcy cases in the state. Records generated in court are primarily maintained by the office of the Clerk of Court. Typically, the office's employees are the custodians of bankruptcy information, and the federal laws mandate them to provide such information to the general public.

Oregon bankruptcy records are also managed on federally-owned electronic platforms or by records custodians of federal agencies that manage such information. Likewise, there are third-party websites, like staterecords.org, that manage Oregon bankruptcy information on their databases. Interested persons can access such information by visiting the site and using the provided search tool to retrieve results.

What Do Oregon Bankruptcy Records Contain?

The information generated in bankruptcy records includes financial documents used during case proceedings, details of the parties involved, and other bankruptcy case-specific details, including:

• The debtor's personal information
• Sources of the debtor's income
• The case number and docket report
• Case status
• The case filing date
• The type of bankruptcy chapter filed
• Income and financial statements
• The names and contact information of the representing attorneys
• The case discharge and closing dates
• A list of the debtor's assets
• Information on the creditors

Where to Conduct a Free Bankruptcy Case Search in Oregon

A resident of Oregon can conduct a free bankruptcy case search in the state through the following ways:

• Online: Requesters can electronically access bankruptcy case information for free via the Public Access to Court Electronic Records (PACER) tool or Voice Case Information Service (VCIS).VCIS users must call (866) 222-8029 to conduct a free bankruptcy case search. Those who are eligible for carrying out free bankruptcy case searches via the PACER tool are:
  • Individual researchers associated with educational institutions, the poor, pro bono lawyers, non-profit organizations, and other qualified parties have been granted exemptions.
  • Users whose charges do not exceed $30 within a quarterly billing cycle can get access to court records for free.
  • Eligible users can view case information or documents at no cost using courthouse public access terminals.
  • Individuals who want to access court opinions.
• In-person: The District of Oregon Bankruptcy Court Clerk’s office: Bankruptcy cases can be viewed at the District of Oregon Bankruptcy Court Clerk's Office in Portland or Eugene:
  Portland
  1050 SW 6th Ave #700
  Portland, OR 97204
  Phone: (503) 326-1500, (800) 726-2227
  Eugene
  405 E 8th Ave #2600
  Eugene, OR 97401
  Phone: (541) 431-4000, (866) 777-0442

How Do I Find Out if My Bankruptcy Case is Closed in Oregon?

When a bankruptcy case is closed, it signifies the completion of the case. Typically, debtors can confirm if an Oregon bankruptcy case is closed by checking the case status. This is generally available on any platform that provides bankruptcy records to the general public. For example, the PACER service provides basic bankruptcy information, like the case status.

Debtors may also find about a case status from the clerk's office.

Can a Bankruptcy Be Expunged in Oregon?

In Oregon, the bankruptcy court can seal or redact certain bankruptcy information or documents to make them unavailable to the general public. While redaction is for certain information (such as a social security number) that may breach the privacy of case parties, interested individuals can still file a motion to seal a particular document or the whole bankruptcy case.

Sealed bankruptcy documents are confidential information and are only available to selected individuals. Usually, the judge retains the power to accept or deny a motion to seal or expunge Oregon bankruptcies.

What is the Downside of Filing for Bankruptcy in Oregon?

A bankruptcy filing can make debtors face several financial difficulties. One of the first financial implications is the cost of the proceeding. Depending on the bankruptcy type, debtors have to pay from $278 to $1,738 to file a bankruptcy case. Charges may also include other administrative fees, court fees, attorney fees, and accountant fees if the debtor hires one for bookkeeping. Depending on the type of bankruptcy filed, a debtor may also face loss of assets, dramatic budget reductions, and frozen accounts.

Similarly, a debtor may also face financial problems due to the public nature of a bankruptcy case. Credit reporting agencies can collect bankruptcy information and disclose this on the debtor’s credit report for up to ten years. Consequently, the debtor’s credit score can fall significantly from a previous high or average score, while a low score may rise by about 50 points. Also, the debtor shall lose credit card privileges and may face difficulty in accessing various credit options like mortgages and home loans for some years.

Moreover, there are exemptions on dischargeable debts and the automatic stay that may limit the degree of financial relief a debtor can get. Therefore, the debtor may still have financial obligations like child support, alimony, student loans, or criminal fines to pay, even after discharging other debts.

Other challenges that a person may face for filing bankruptcy include difficulty in getting jobs with managerial or money-handling duties and landlords refusing to rent out property due to the bankruptcy. Generally, the debtor may also find the entire bankruptcy process stressful and time-consuming.

However, some of these challenges can be avoided or resolved. For instance, persons can rebuild their credit and landlords may still consider bankruptcy discharge status and other factors. The benefits of filing bankruptcy should not be overlooked.

What is Chapter 11 Bankruptcy in Oregon?

Chapter 11 bankruptcy in Oregon is a debt relief option under the U.S. Bankruptcy Code that is based on a reorganization plan. Commonly used by businesses, this option lets the debtor continue business operations and, with court approval, perform trustee duties and borrow new money. Nonetheless, athletes, celebrities, and other individuals whose debts or income levels exceed the limit needed for filing other types of bankruptcies.

However, this form of bankruptcy is complex, often expensive, and may take time to file and settle debts. The debtor has about 120 days to file a reorganization plan, but this may be extended to an 18 months exclusivity period. Generally, the reorganization plan is a proposal that lays out how the business shall continue operations, increase profits, and pay creditors - whose claims shall be classified as unsecured, secured, or priority.

Debtors should also file a written disclosure statement that provides an adequate summary of the terms in the plan. After this, the creditors shall review the plan, and creditors with impaired claims (who will not get complete value owed) shall vote on the plan. Upon the court’s approval and vote counting, there shall be a confirmation hearing that determines the implementation of the reorganization plan.

Records of Chapter 11 bankruptcy proceedings shall be publicly available in the court’s record unless the court orders the record to be kept under seal or expunged.

Note: A debtor or creditor can file a Chapter 11 bankruptcy

What is Chapter 7 Bankruptcy in Oregon?

Chapter 7 bankruptcy is a legal option that involves insolvent persons liquidating non-exempt properties to pay off debts and discharging eligible debts. Available to persons and businesses in Oregon that pass the means test, this form of bankruptcy provides fast and straightforward debt relief. However, this usually leads to the end of business operations and loss of assets (excluding no-asset cases).

Individuals, sole proprietors, partners, and corporations must pass the meant test determined to keep persons with high disposable incomes from filing bankruptcy under this chapter. The filer’s income, family size, and monthly expenses shall be used to calculate if the debtor is eligible or if a Chapter 13 bankruptcy or another form of bankruptcy is more suitable for debt relief. Once deemed eligible, the debtor can file a bankruptcy petition under Chapter 17 and can discharge debts within five months.

Like most non-criminal court records, information on a Chapter 7 bankruptcy case shall be publicly available unless expunged or sealed. However, personal information such as complete social security numbers and children’s names shall be confidential and will not be disclosed without the necessary authorization.

Note: A creditor can also initiate the Chapter 7 bankruptcy process

What is Chapter 13 Bankruptcy in Oregon?

Chapter 13 bankruptcy is a wage-earner bankruptcy procedure that provides relief from debts for which a person is personally liable. Generally, this bankruptcy option is available to individuals, self-employed persons, and owners of an unincorporated business. However, there are some conditions that applicants have to fulfill to be able to file this type of bankruptcy. These include:

• Not more than $419,275 in secured debts
• Not more than $1,257,850 in unsecured debts
• Transcripts or copies of tax returns for the latest tax year and most recent years
• Certificate of completion for the credit counseling taken within 180 days before filing
• The debtor does not have a filing restriction due to a previously dismissed bankruptcy petition

Filing for bankruptcy under Chapter 13 of the Bankruptcy Code involves reorganization and creating a debt payment plan to settle debts with monthly disposable income. There is no liquidation involved and filers get to keep their assets. However, debt settlement is slow and takes about three to five years. Records of the entire bankruptcy process are mainly public but the court may seal or expunge the record if there are reasonable grounds.

Note: Persons whose debt slightly exceed the debt limit may still be eligible for a Chapter 13 bankruptcy

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Oregon?

Chapter 7 and Chapter 13 bankruptcies are two different approaches to debt settlement under the U.S. Bankruptcy Code. Chapter 7 is fast and less complex but may result in loss of assets due to liquidation. On the other hand, Chapter 13 does not lead to loss of assets but is slightly more complicated due to the plan and slow because of the three-five years debt settlement period. Moreover, Chapter 13 has more eligibility requirements compared to Chapter 7 bankruptcy.

In addition, Chapter 7 bankruptcy is best for discharging debts, whereas Chapter 13 bankruptcy may be a better option for persons with high disposable income and lots of nonexempt properties. Chapter 13 bankruptcy also allows debtors to modify debts or loan terms. Hence, debtors can pay lesser than the original amount.

Another difference between a Chapter 7 bankruptcy and Chapter 13 bankruptcy is that the former remains on a credit report for 10 years, while the latter lasts up to 7 years.

What is Bankruptcy Protection in Oregon?

The automatic stay is the fundamental bankruptcy protection provided to debtors in Oregon, in compliance with the U.S. Bankruptcy Code (Section 362). An automatic stay is an injunction that stops creditors from starting or continuing debt-collection activities like making collection phone calls, enforcing liens, foreclosing a building, or judicial proceedings relating to debt collection.

An automatic stay goes into effect immediately after the court files the bankruptcy petition. The court shall notify creditors but this may take some time. Nevertheless, the debtor can also inform the creditor that of the automatic stay and case number for confirmation if the creditor tries to carry out any action. Creditors that carry out collection actions despite knowledge of the automatic stay will have to return properties taken and pay for damages suffered by the debtor, including attorney fees.

However, there are limitations to the automatic stay, including:

Appeal: A court may lift the collection ban if a secured creditor files a petition for relief and provides valid reasons to lift the stay.

Repeat filings: The duration of an automatic stay may depend on how many dismissed petitions the debtor has filed in the last year. Normally, the stay lasts until discharge. However, debtors that have one dismissed bankruptcy petition within the past year may get 30 days of automatic stay unless the court grants a letter of exemption within this period. On the other hand, debtors may not be protected by an automatic stay if there are two or more dismissed cases in one year, except a motion is filed and granted.

Exemptions: Not all activities shall halt with the automatic stay, including:

• Domestic and criminal proceedings
• Tax audits to determine liability
• Domestic support obligations
• Eviction actions if the judgment of possession or proceeding happened before petition filing
• Actions by licensing agencies
• Police enforcement or actions by a governmental unit

Another form of protection a debtor gets from filing a bankruptcy petition is that creditors lose their individual collection rights. Hence, the debtor no longer has to settle debts one by one but collectively and usually through the trustee.

What are Oregon Bankruptcy Exemptions?

Oregon bankruptcy exemptions are legal provisions that protect a debtor’s assets from creditors. These provisions restrict the bankruptcy trustee from selling an asset during liquidation or from collecting full property value under Chapter 13. In Oregon, residents can choose between federal and state bankruptcy exemptions.

Homestead exemption:

• Up to $40,000 in real property, mobile home, or houseboat
• Joint owners’ amount not exceeding $50,000

Motor vehicle exemption: Up to $3,000 or double for spouses

Pension and retirement plan exemption:

• Up to $7,500 in ERISA-qualified benefits
• Up to $7,500 in public officers or employees’ pension payments

Insurance exemption:

• Proceeds or avails from disability or health insurance
• Monthly annuity contract benefits not exceeding $500
• Money or funds from fraternal benefit societies
• Group life insurance policy or proceeds if the debtor is not the insured
• Life insurance policy, proceeds, or cash value if the debtor is not the insured

Personal property exemption:

• $1,800 total in clothing, jewelry, and other personal items (spouses may double)
• $600 total in books, musical instruments, and pictures (spouses may double)
• Up to $7,500 bank deposits
• Money from sold exempt properties
• Up to $1,000 in domestic animals, pets, and poultry, along with food to last 60 days
• Up to $3,000 in furniture, utensils, TV, radio, and other household items
• Burial plot
• Health aids
• Up to $7,500 in a higher education savings account
• Up to $10,000 payments for personal injuries (spouses may double)
• Up to $1,000 in legally-owned pistol, shotgun, or rifle
• Decedent’s property
• Improvement materials for construction
• Fuel and food to last 60 days if the debtor is the householder
• Medical or health savings accounts
• Compensations for lost earnings for debtor or dependents (spouses may double)

Public benefit exemptions:

• Crime victim compensation
• Up to $7,500 in aid to blind
• Up to $7,500 in aid to disabled
• Up to $7,500 in civil defense and disaster relief
• Up to $7,500 in general assistance
• Up to $7,500 in injured inmates’ benefits
• Up to $7,500 in medical assistance
• Up to $7,500 in old-age assistance
• Up to $7,500 in unemployment compensation
• Up to $7,500 in vocational rehabilitation
• Up to $7,500 in worker’s compensation
• Federal earned income tax credit
• Klamath Indians tribe benefits for residents
• Funds from veterans’ loans
• Veterans’ benefit

Tools of the trade exemption: Up to $5,000 in tools and library, along with food to last 60 days (spouses may double)

Wage exemption:

• Up to $170 or 75% of disposable wages per week, whichever is greater
• Wages or salary withheld in state employee’s bond savings accounts

Wildcard exemption: Up to $400 of nonexempt personal property (spouses may double)

Miscellaneous exemption:

• Child support and alimony
• Partnership property
• Liquor licenses

On the other hand, federal bankruptcy and non-bankruptcy exemptions include:

Homestead exemption:

• $25,150 in real property, mobile home, co-op, or burial plot
• Up to $12,575 in the unused portion of the homestead exemption
• Indian lands, lease proceeds, or homestead sales

Wildcard exemption:

• Up to $1,325 in any property
• Up to $12,575 of the leftover homestead exemption for any property

Vehicle exemption: Up to $4,000

Pension and retirement plan exemption:

• Social Security
• Military Medal of Honor roll pensions
• U.S. veterans’ benefits
• Railroad workers, Foreign Service employees, military service employees, or federal civil service employees’ pension

Insurance exemption:

• Illness, unemployment, or disability benefits
• Up to $13,400 in life insurance policy dividend, interests, or loan value
• Unmatured life insurance contracts
• Life insurance payments if the debtor is a dependant
• Military group life insurance
• Lighthouse workers survivor’s benefits
• Death and disability benefits of federal government employees
• Death and disability benefits of longshoremen and harbor workers
• Federal, injury, hazard, war risk, death, and disability benefits
• Special survivor’s allowances and benefits from the U.S. Military

Personal property exemption:

• Up to $1,700 in jewelry
• Up to $25,150 in personal injury payments
• Wrongful death recoveries if the debtor is the dependent
• Lost earnings payments
• Health aids

Public benefit exemption:

• Railroad workers’ unemployment insurance
• Veterans’ benefits
• Crime victims compensation
• Social Security
• Local public assistance
• Unemployment benefits

Tools of the trade exemption:

• Seamen’s clothing
• Up to $2,525 in work tools, implements, and books

Wage exemption:

• 75% minimum of disposable weekly earnings or 30 times the federal hourly wage
• Seaman's wages, according to the written contract

Note: There are often conditions tied to these exemptions

What are the Other Types of Bankruptcy in Oregon?

Apart from bankruptcy filed under chapters 7, 11, and 13 of the U.S. Bankruptcy Code, there are three other available options:

• Chapter 9 bankruptcy: This is also known as municipal bankruptcy and involves financially-distressed cities, towns, counties, or villages. Under this chapter, there is no provision for liquidating assets. Instead, the debtor reorganizes debts and provides a plan for repaying creditors through renegotiation, reducing interest or principal amount, extending debt maturities, or getting new loans.
• Chapter 12 bankruptcy: This form of debt relief is specifically available to insolvent family fishermen or family farmers who have regular annual income. Similar to Chapter 13, eligible debtors (within the total debt range) have to provide a plan to repay creditors within three to five years.
• Chapter 15 bankruptcy: This chapter deals with insolvency cases that involve parties of interest in two or more countries. Chapter 15 bankruptcy provides mechanisms to ensure that the interests of all parties in the ancillary or cross-border case are protected.

How Much Does It Cost to File Bankruptcy in Oregon?

The cost to file bankruptcy varies by factors like attorney fees and chapter type. In Oregon, individuals can file for Chapter 7 bankruptcy for $338, while Chapter 13 bankruptcy costs $313. A petitioner can cut costs by paying bankruptcy filing fees in installments. Requests can be made by filing an Individual Debtor's Application to Pay Filing Fee in Installments (LBF 110) form to the District of Oregon Bankruptcy Court Clerk’s Office. Alternatively, debtors with income less than 150% of the official poverty line can apply to have their chapter 7 bankruptcy waived. Requests can be made by submitting a complete Application to Have the Chapter 7 Filing Fee Waived (Official Form 103B) form.