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Oregon bankruptcy law education and training will teach you how to resolve your clients’ debts by dividing their assets among their creditors. This allows each creditor to achieve some measure of equality under the law. A filing under Chapter 7 is called liquidation and involves the sale of the debtor's non-exempt property. A bankruptcy proceeding under Chapters 11, 12 or 13 allows the debtor to use future earnings to pay off creditors.
The qualifications needed to practice bankruptcy law in OR are determined at the state level and also will be affected by the specific type of bankruptcy that the client requires. There are three general phases in obtaining an education in bankruptcy law:
- Formal education. Oregon bankruptcy attorneys will typically need at least a Juris Doctor (J.D.) degree from an accredited law school in Oregon. An advanced degree such as a Masters of Law (L.L.M) will further help distinguish you from your colleagues.
- Membership in professional organizations. Practicing attorneys will want a membership in one of the many associations dedicated to bankruptcy law in Oregon.
- Legal specialization. Bankruptcy attorneys in Oregon can become designated specialists in bankruptcy law by meeting the state's specific requirements.
Action Steps
The best contacts and resources to help you get it done
Attend a law school that specializes in educating Oregon bankruptcy lawyers
There are a variety of universities in Oregon that provide a concentration in bankruptcy law. These schools are equipped to offer a solid education on the current bankruptcy laws in Oregon.
I recommend: The University of Oregon School of Law offers an externship with the United States Bankruptcy Court for the District of Oregon to its second and third year students. The Willamette University College of Law offers bankruptcy law courses and provides educational resources dedicated to researching bankruptcy law in Oregon.
Find professional forums for an Oregon bankruptcy attorney
Professional online forums can provide a daily educational opportunity for bankruptcy attorneys in Oregon. These include information on recent changes in bankruptcy law and advice on building a practice.
I recommend: The Oregon State Bar answers specific questions on bankruptcy law in Oregon and also provides other resources for Oregon bankruptcy law. TotalBankruptcy provides extensive resources on bankruptcy law, including a complete description of bankruptcy exemptions in Oregon.
Obtain a specialization in Oregon bankruptcy laws
Oregon allows attorneys who practice certain areas of the law, such as bankruptcy, to be certified as specialists. A bankruptcy attorney in Oregon will need to know Oregon's specific requirements for a specialization in bankruptcy.
I recommend: Lawline.com offers online courses in bankruptcy law that provide CLE credit in Oregon. Lewis & Clark College offers programs for CLE credit through the Oregon Law Institute, such as bankruptcy law for the non-specialist.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Attorneys also will want to join professional organizations that are dedicated to the practice of Oregon bankruptcy laws. These associations provide a number of resources essential for the practicing bankruptcy attorney, including contact information for important courts, assistance with Continuing Legal Education (CLE) requirements and links to bankruptcy laws.
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You don’t start a business thinking it will fail and you will end up researching bankruptcy law in OR. However things don’t always go as planned and there may come a time when filing bankruptcy in Oregon becomes the best course of action for yourself and your business.
Take the time to research Oregon bankruptcy law before you begin the bankruptcy process. You want to know what the process will be like and to which exemptions you are entitled. Before filing for bankruptcy keep in mind the following:
- View the bankruptcy as an ending to one chapter of your life and the beginning to a new and more prosperous chapter of your life.
- Know how bankruptcy laws in Oregon will affect your life and your business.
- Learn from your bankruptcy filing so you won’t have to file again in the future.
Action Steps
The best contacts and resources to help you get it done
Know what property you can keep under Oregon bankruptcy laws
Knowing and understanding the exemptions you have available to you will make navigating Oregon business bankruptcy laws easier. You want to know what property you can and cannot keep before you file for bankruptcy so you can prepare accordingly.
I recommend: Personal Bankruptcy Information has a chart with all of the available exemptions in Oregon as well as links to the forms you need to file and a host of other Oregon bankruptcy information. The Bankruptcy Site has a page that covers the available exemptions in Oregon.
Know under which chapter of Oregon bankruptcy law you will have to file
With the passage of the 2005 bankruptcy laws, filing for bankruptcy has changed drastically. Bankruptcy laws in Oregon have been changed accordingly and you should have a thorough understanding of what the process entails so you can make an informed decision on whether filing for bankruptcy protection is right for you.
I recommend: Lawyers.com has a detailed explanation of the bankruptcy process. OregonBankruptcy.com details the bankruptcy process, including explanation of how the new bankruptcy laws affect new filers.
Find a good Oregon bankruptcy attorney
There are plenty of excellent Oregon bankruptcy lawyers. A good lawyer is absolutely necessary when filing for bankruptcy. They can walk you through Oregon bankruptcy laws and explain the process to you in detail.
I recommend: Bankuptcy Lawyers Oregon.com has a wealth of information on Oregon bankruptcy attorneys, and offers a search that will allow you to get a free consultation form a bankruptcy attorney in your area. Vanden Bos and Chapman, LLP, are one of many Oregon bankruptcy law firms that will be able to help you with your filing.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Find out whether bankruptcy law in Oregon allows you to file jointly with you spouse. If so, talk to your lawyer and see if it is in your best interest to file jointly or on your own.
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While most business owners don’t plan on filing bankruptcy, learning Oregon bankruptcy law basics will help you identify ways to manage or eliminate business debt if the need ever exists.
Like individuals, businesses can experience financial difficulty. When this occurs, business owners must carefully evaluate how to proceed in the best interest of themselves as well as their company. To determine if filing bankruptcy in Oregon makes sense for you, you should evaluate the future of your business, assess the amount of debt you owe and whether or not you can reasonably bring in enough income to cover those debts and other operating costs before choosing to:
1. Evaluate filing options available to you under Oregon bankruptcy law.
2. Research how federal guidelines affect local Virginia bankruptcy laws.
3. Consult with Oregon bankruptcy lawyers.
Action Steps
The best contacts and resources to help you get it done
Evaluate Oregon bankruptcy law on filing options available to your business
In accordance with bankruptcy laws in Oregon, businesses can choose from several filing options. Corporations and partnerships can file bankruptcy in Oregon under Chapter 7, which is often referred to as a liquidation of assets. A sole proprietor can file Chapter 13 under bankruptcy law in Oregon. Chapter 13 allows small businesses to satisfy all or a portion of their debts within a specific timeframe, typically three to five years.
I recommend: Read more about business bankruptcy in Oregon by visiting Lawyers.com. You may also obtain Oregon bankruptcy information at Oregon Fresh Start.
Obtain details about Oregon bankruptcy law costs and how filing will effect your business
When filing bankruptcy in Oregon, you must submit a statement to the courts showing your current debt and assets. In addition, you must complete and file all required paperwork with Oregon bankruptcy court. All filed paperwork must be originals. Under Oregon bankruptcy law, the fees for filing vary based on the chapter filed. The filing fee for Chapter 7 is less than $300; for Chapter 11, the fee is slightly more than $1,000 and for Chapter 13, the fee is less than $300.
I recommend: Obtain basic information about filing bankruptcy law in OR by visiting the United States Bankruptcy Court District of Oregon. Read more about how Oregon bankruptcy laws at John Wittrock.
Seek professional advice on Oregon bankruptcy law from a bankruptcy attorney
Bankruptcy code is regulated by federal laws, which outline various types of filings and basic rights of creditors and debtors. However, all states, including Oregon, establish local filing procedures for filing business bankruptcy in Oregon. Because the forms and procedures can vary by state, it's important that you obtain counsel from Oregon bankruptcy law firms when filing in Oregon. Firms in other states will probably not have the knowledge to effectively advise you on how to file bankruptcy in Oregon.
I recommend: Learn more about commercial bankruptcy in Oregon by visiting Muhlheim Boyd. You may also consult with Oregon bankruptcy attorneys at Farleigh Wada Witt.
Tips & Tactics
Helpful advice for making the most of this Guide
- • In addition to filing Chapter 13 and Chapter 7, businesses also have the option of filing Chapter 11 under Oregon bankruptcy law. Chapter 11 is a reorganization plan that allows businesses to continue their business operations while paying off debts as ordered by the courts. Businesses that file Chapter 11 will typically consolidate debt and restructure internally and externally in an effort to reduce the amount of debt owed.
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Attorneys in Oregon have a strong motivation to stay informed on Oregon bankruptcy law news and trends. Attorneys must keep track of the latest rulings in cases involving Oregon bankruptcy law. The state may alter its procedures at any time, which may change the way bankruptcy attorneys do their jobs. Attorneys also may want to know what the general public is saying about bankruptcy law, in order to correct any misconceptions their clients may have.
The best sources of information on news and trends for OR bankruptcy law may be grouped into the following three categories:
- State websites on business bankruptcy laws in Oregon. These sites are the best source of official procedures or court rulings on Oregon bankruptcy law.
- Independent sources of news on Oregon bankruptcy laws, such as blogs, magazines and newspapers. These sources are the most likely to provide news and opinions on bankruptcy law that do not rely on any particular business or lobby group.
- Legal professionals. Bankruptcy attorneys may be able to provide inside news and information on bankruptcy law.
Action Steps
The best contacts and resources to help you get it done
Review state websites to get official news and information on Oregon bankruptcy laws
Oregon government websites are the best places to get the latest news about Oregon bankruptcy law. An Oregon government website also may publish the state statutes to help attorneys stay informed on the latest legislation that relates to Oregon bankruptcy law.
I recommend: The United States Bankruptcy Court - District of Oregon provides recent opinions on bankruptcy cases in Oregon. Personal Bankruptcy Information provides information on bankruptcy courts in Oregon, including current judges, clerks and locations.
Study independent sources of news and trends on Oregon bankruptcy laws
Universities, law libraries and news outlets frequently report on recent court cases and legislative updates on Oregon bankruptcy law. Attorneys also may keep blogs or journals on bankruptcy law in Oregon.
I recommend: Oregon-Bankruptcy.com provides general information on bankruptcy laws in Oregon, including recent trends in bankruptcy. Oliveros & O'Brien maintains a blog on Oregon bankruptcy law.
Get inside news on bankruptcy law from Oregon bankruptcy lawyers
Oregon bankruptcy attorneys frequently have information on Oregon law that is unavailable elsewhere. Oregon bankruptcy law firms may publish newsletters or full length articles on a particular aspect of bankruptcy law in Oregon.
I recommend: Baxter & Baxter is located in Portland and provides recent news on bankruptcy laws. Olsen, Olsen & Daines provides overviews on bankruptcy laws in Oregon and offers news on bankruptcy cases that the firm is currently handling.
Tips & Tactics
Helpful advice for making the most of this Guide
- • Oregon bankruptcy laws are specified in Title 11 of the United States Code and are typically identified by the relevant chapter. For example, a Chapter 7 bankruptcy is a basic liquidation of individual assets and comprises the majority of bankruptcies for individuals. The second most common bankruptcy for individuals is a Chapter 13 bankruptcy, which is designed for individuals with a source of income who can make regular payments.
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