FAQ

Yes. Once the bankruptcy is filed, creditors are immediately prohibited from contacting you and from trying to collect upon debts that you owe. This is called the “automatic stay” and it puts a stop to any collection activity including: collection calls, collection letters, lawsuits, garnishments, foreclosure, tax collections (including the IRS), efforts to repossess, etc. This is one of the major benefits of bankruptcy - providing immediate relief from creditors’ collections upon the bankruptcy filing.

It Depends upon the value of your property. Overall most people will end up being able to keep all or most of their property in bankruptcy. If the bankruptcy exemptions are applied correctly, usually a person can protect all or the majority of his or her property by using either the Federal bankruptcy exemptions or a particular state’s exemptions. Only some states allow the use of the Federal exemptions for bankruptcy and both Oregon and Washington are states that allow it. Also Oregon and Washington give their respective citizens the choice to use the state specific exemptions for bankruptcy.

Bankruptcy exemptions are laws that allow you to protect specific types of property (for example exemptions for: vehicles, household goods, tools of trade, homestead, retirement, etc.). Which exemption laws you are allowed to use relate to where you have lived in the last few years. Every person’s situation is different and an experienced bankruptcy attorney can ensure that that the applicable bankruptcy exemptions are applied to the fullest extent available to protect your property in bankruptcy.

The Meeting ID and Passcode for the Zoom video meeting, along with the date and time of your hearing is listed on your official bankruptcy notice that you will receive from the bankruptcy Court and from our office after your case is filed.

The Meeting of Creditors hearings are now conducted by video hearing via Zoom. Zoom is a video meeting internet platform that is easy to use and be accessed by using the Zoom "app" (a free download to your smart phone or tablet) or by going to the www.Zoom.us website and clicking on the "Join" drop down menu and selecting "By Meeting ID."

Your exact hearing location, date and time will be listed on your official bankruptcy notice that you will receive from the bankruptcy court after your case is filed. Your hearing will be held in front of a bankruptcy trustee. The bankruptcy trustee is not a judge but a trusted person (called a fiduciary) who has been assigned to review your bankruptcy petition, schedules, and other documents; and to ask you questions after you are swore under oath. As mentioned, the meeting with the trustee usually lasts 5 to 10 minutes. If someone has a more complicated bankruptcy, that person's hearing can last longer.

The Bankruptcy Trustee is typically a lawyer (or sometimes a CPA or other professional may also qualify) who is assigned and supervised by the U.S. Department of Justice to review your bankruptcy case, such as the bankruptcy petition, schedules, and supporting documents that you must provide to the Trustee. The Trustee will ask you questions under oath at a hearing (called the “Meeting of Creditors) that takes place approximately 30 days after the case is filed.

There are different types of trustee depending on the type of bankruptcy filed. For example, if there is a Chapter 7 bankruptcy filed, then a Chapter 7 trustee will be assigned to the case. If there is a Chapter 13 bankruptcy filed, then a Chapter 13 trustee will be assigned to the case, etc. In each different Chapter of bankruptcy, the trustee will have different duties and responsibility as dictate by law and policy.

The Trustee does not represent you or your creditors. When you file for bankruptcy, a bankruptcy estate is created from your assets. The Trustee represents the bankruptcy estate and he has certain obligations in order to fulfill his job. In a Chapter 7 bankruptcy, primarily, the Trustee is looking to see if there are any non-exempt (i.e., unprotected) assets available to liquidate (i.e., sell) for the benefit of your creditors (called a Liquidation bankruptcy). His review of your filed bankruptcy documents and his questions at the hearing are directed towards that aim. In a Chapter 13 bankruptcy, the trustee is looking to administer a Chapter Plan. The Plan dictates how different creditors and other parties will be paid and/or treated during a structured payment plan (3 to 5 years long) called a reorganization bankruptcy.

No, it is not required that your spouse file with you. It is important to determine if it makes sense to file with your spouse or not. Often there are advantages to filing a bankruptcy with your spouse. This is called a “joint bankruptcy.” And on the other hand, sometimes it makes better financial sense to have only one spouse file. So, depending on the case, there can many factors to consider in making this determination. Sometimes this is an easy decision and sometimes the decision can be much more involved. An experienced bankruptcy lawyer can help you determine what is better for your situation.

Keep in mind that if you are married, and you decide to file without your spouse, your spouse’s income and household expenses (not debts) still must be included in the bankruptcy as part of the total household income and expenses. The non-filing spouse’s debts and assets are not part of the bankruptcy, only his/her income and household monthly expenses are part of it.

Also, if your spouse is jointly liable with you on a debt or debts AND you decide to file WITHOUT your spouse, then the bankruptcy case may discharge (i.e., eliminate) the liability for you on those debts but not the liability on those debts for your spouse; meaning that the creditor could still pursue your spouse for those joint debts. Only your debts are discharged in bankruptcy, not your spouse’s debts if you decide to file without your spouse.

Additionally, in Oregon and Washington there are state laws which hold a spouse liable for medical bills that are incurred during the marriage. Therefore, if your debts include medical debts, your non-filing spouse may remain liable for those debts even though you may discharge those medical debts in your bankruptcy case.

Please note that the State of Washington is a community property and community debt state and in the vast majority of circumstances a married couple in Washington will want to file bankruptcy jointly (i.e. together) because of that. However, there are uncommon circumstances where a spouse in Washington State could choose to file separately if that person's specific circumstances justify it. This area can be very complex, so it is best to seek an experienced bankruptcy lawyer to advise you on how community property and community debt can affect Washington residents in bankruptcy. Oregon residents do not have to worry about community property or community debt laws as those laws are not applicable in the State of Oregon.

No. However bankruptcy law, like most areas of law, you can try to represent yourself (this is called being “pro se”) without an attorney’s help, but in 99 percent of the situations this is not wise. Bankruptcy is a complex legal process with many pitfalls for an untrained person who is unfamiliar with bankruptcy law and the requirements that need to be met to successfully complete a bankruptcy.

Hiring a bankruptcy lawyer is essential to making sure you get your bankruptcy done right the first time without any costly non-lawyer mistakes. For example, an experienced bankruptcy attorney can analyze what type of bankruptcy you qualify for, which exemptions can be used to protect your assets and how to apply them correctly, and can represent you at the “meeting of creditors” where you will be questioned by the Trustee who is assigned to your case. An experienced bankruptcy attorney will analyze potential issues with your case before filing, do pre-bankruptcy planning if necessary to eliminate or reduce issues or risks with your case, and properly prepare the 50-60 page bankruptcy petition, schedules, and related documents. He can make sure you provide all the required documentation in order to properly prepare the bankruptcy petition and will make sure to get the required documentation to the Bankruptcy trustee before the hearing for you. A bankruptcy lawyer will provide you instructions and prepare you for your bankruptcy hearing. An experienced bankruptcy lawyer can respond or defend you from objections or other issues raised by creditors to your case or the bankruptcy trustee. A bankruptcy lawyer can negotiate and settle contested issues with both your creditors and the bankruptcy trustee.

While you can choose to represent yourself, it is highly recommended that you hire and seek the advice of an experienced bankruptcy attorney. It is certainly worth your time to schedule a free confidential bankruptcy consultation with an experienced reputable attorney to learn your legal options.

Bankruptcy law is a specialized area of law and it is in your best interest to find an experienced bankruptcy attorney who will be able to complete the complex legal forms, apply the law to your facts, and expertly navigate the bankruptcy process for you as smoothly as possible. It can make a big difference in how smooth an experience or successful your bankruptcy case turns out to be, whether or not you are able to protect your assets to the fullest extent possible, and whether you avoid or reduce risks in your bankruptcy.

When considering which bankruptcy attorney to hire, here are some things to look for:

Experience

An attorney who specializes in bankruptcy law is most often the best choice because he or she is typically more up-to-date on any changes in the bankruptcy code and local bankruptcy court procedures. Hiring an attorney who may have a large number of years of general law experience is probably not as good as hiring an attorney who specializes in bankruptcy law. Ask how many bankruptcy cases the attorney has filed and what types of bankruptcies. It is very helpful to hire an attorney who has filed at least 1000 bankruptcies, 950 or more Chapter 7 bankruptcies and at least 50 Chapter 13 bankruptcies.

Attorneys who do not regularly practice bankruptcy law may not identify potential issues in your case. In addition, attorneys who do not regularly practice bankruptcy law may not be familiar with the local bankruptcy court rules or with the preferences and idiosyncrasies of the local bankruptcy trustees and judges.

Additionally, hire an attorney with at least 6 years of full time bankruptcy practice experience. But ideally, find an attorney that has practiced bankruptcy law full time for over 10 years. After 10 years of law practice, an attorney is a well-seasoned practitioner and has dealt with many different client situations. That higher level of experience can help avoid costly mistakes or unnecessary stress.

Competence

Contact your state bar association to see if the attorney you are interested in has ever been disciplined. This can usually (each state bar will be different) be done by visiting your state bar website and doing a search within the state bar’s website for that attorney.

Many competent bankruptcy attorneys are members of The National Association of Consumer Bankruptcy Attorneys (NACBA) which is a well-respected consumer bankruptcy organization. Ask if the attorney you are interested in is a member of NACBA. If the bankruptcy attorney is not part of NACBA, check whether he or she is a member of a State Bar Debtor-Creditor Section. Debtor-Creditor Sections of State Bar Associations focus on law and issues related to the legal field of debtor and creditor law, which includes bankruptcy law.

Finally, check for Client testimonials on the attorney's website and online reviews of the attorney from reputable review sites. Google the attorney’s name and see what comes up. Other popular sources of attorney reviews can be found on AVVO.com and Yelp.com.

Reasonable Fees

The attorney fees charged for a particular bankruptcy case depend on the unique circumstances of every case. Cases can range from basic situations with very little assets or debts to standard cases with more creditors and more assets to complex cases, which typically involve a lot more debt and often the debtor is running a business. The variation between cases can be dramatic as each person's situation is unique. Generally, attorneys’ fees will be lower for basic cases and increase accordingly as the complexity and estimated time for lawyer and his staff to work on the case increase.

Most reputable bankruptcy attorneys will give you an attorney fee quote after meeting with you, which should be backed in writing at some point. Most reputable attorneys will not give you an exact fee quote (but will give you an estimated range of fees if desired) over the telephone without meeting you in person or without scheduling a telephone consultation for you. The attorney needs to learn much more about your case before he can be expected to give you a quote of fees for his / her service. The attorney should distinguish how much the attorney fees are from the cost for the court filing fee and required bankruptcy classes.

It may be worthwhile to research the average bankruptcy attorney fees in your area but also keep in mind that an attorney who charges a lower fee is much less likely going to provide you good quality (i.e. thorough, professional, reliable, experienced) service either because: the attorney has a high-volume case load and does not spend much time carefully analyzing each case, the attorney does not possess much bankruptcy law experience, the attorney has significant character flaws or ethical issues, or some other reason.

Most attorneys will not file your case until the attorney fees are paid in full. However, there are a few bankruptcy attorneys who do allow for a portion of the attorney fees to be paid after-filing with an affordable monthly payment plan.

Personality

Set up a free bankruptcy consultation with an attorney you are interested in and see whether you feel comfortable with him or her during your first meeting. Did the attorney answer your questions clearly and concisely? Did the attorney’s staff seem well-organized and professional? Was the attorney direct with you and didn’t just tell you what you wanted to hear? Did the attorney seem concerned to make sure she or he was spotting the issues in your cases and alerting you to those issues? Did the attorney spend more than 15 minutes with you at the initial bankruptcy consultation? Can you see yourself following this attorney’s instructions and working with his/her staff?

Convenience

Often people choose professional services based on the location and convenience either to their home or to their work. However, sometimes it may well be worth traveling a little further to hire or work with an experienced and reputable attorney to get your bankruptcy case done right the first time. Some bankruptcy attorneys have more than one office location. Sometimes, an attorney will have one or more branch offices or meeting locations in addition to his/her main office.

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