How Do I File for Bankruptcy? The Process from Start to Finish

Before you can file for bankruptcy, you must complete a credit counseling course from an approved provider. Find approved providers by selecting "Oregon" on this search page on the U.S. Department of Justice's website. The course takes 60 to 90 minutes and you can take it online, by phone, or in person. 

The course will help you:

• Decide if bankruptcy is truly your best option.
• Learn other ways to manage your debt.
• Understand the impact bankruptcy will have on your finances.

Once you finish, you'll receive a certificate that must be included in your bankruptcy paperwork.

Having the right paperwork ready will make the process easier. Gather these documents before filing: 

• Proof of income: pay stubs, benefits statements, tax returns 
• A list of your debts: credit cards, medical bills, personal loans) 
• A list of what you own: car, home, savings, valuables 
• Recent bank statements and major financial transactions 
• Your completed credit counseling certificate 

Your bankruptcy forms will require details about your income, debts, expenses, and property. See this checklist on the U.S  Bankruptcy Court's website. 

You can also start creating a post-filing budget - a simple plan for how you'll spend your money after filing to make sure your basic needs are covered and you're building good financial habits moving forward. 

To file for bankruptcy, you'll need to fill out several forms, including: 

• A petition requesting the court to approve your bankruptcy. 
• Schedules that list your debts, income, property, and expenses. 
• A financial statement that includes details of your recent transactions. 

Find those forms and instruction at the U.S. Bankruptcy Court website.

Which forms you need depend on whether you file for Chapter 7 or Chapter 13. If you're unsure which type of bankruptcy fits your situation, read our article comparing Chapter 7 and Chapter 13 here.   

Important: Filling out these forms can be confusing. If you’re unsure how to complete them, consider getting legal help.

Once your forms are ready, you can submit them to the U.S. Bankruptcy Court for the District of Oregon. 

You will need to: 

• Submit all required forms. 
• Include your credit counseling certificate. 
• Pay the filing fee.

If you can't afford the full fee upfront, there are options.  

1. You can apply to pay the fee in up to three installments within 90 days.  
2. If you are filing for Chapter 7 and your income is below 150% of the federal poverty level, you may qualify for a full fee waiver. The court will decide if you qualify.

The U.S. Bankruptcy Court has two Oregon locations: one in Eugene and one in Portland. Go here to find the address and contact information for both courts. 

Once you file, most debt collection must stop immediately. This is called an automatic stay, and it means: 

• People or businesses you owe money to, called creditors, must stop calling or sending letters or taking money from your paychecks or bank account, called garnishment. They also cannot sue you in court for the debt.
• Repossessions may be paused.
• Utility shutoffs for unpaid bills or debts that bankruptcy covers may be temporarily stopped.

Warning: Bankruptcy does not stop all debts. For example:

• You still have to pay child support and some taxes.
• If your landlord already has a court order to evict you, bankruptcy might not stop it.  

Learn more about what bankruptcy can and cannot do here.

After you file, you must attend a special meeting called the "341 Meeting of Creditors," which usually takes place 3 to 6 weeks after you file. 

This is not a court hearing, but a meeting with the bankruptcy trustee (person overseeing your bankruptcy process) who will review your case. The meeting may be in person or over video conference. 

What to expect: 

• You must bring photo ID and proof of Social Security number.
• The trustee confirms your financial information. 
• Most meetings are brief and take only 5 to 10 minutes. 
• Most creditors (the people or companies you owe money to) do not attend, but if they do, they can ask questions.
• The trustee will ask about your income, debts and property. You must answer these questions honestly. 

Important: It's very important that you attend. Missing this meeting could delay or even cancel your case. 

Before your case is finalized, you must complete a debtor education course. The course teaches skills to help you manage your finances and rebuild after bankruptcy. Like the first course, you can take it online, by phone, or in person. 

The course must be completed within 45 days of your 341 Meeting. Once you are finished, you'll receive a certificate. You must send the certificate to the court to prove you completed the court.

Find a list of approved debtor education courses by selecting "Oregon" on this search page, or ask at the court. 

If you filed Chapter 7: 

• Creditors have 60 days after the 341 meeting to object to the court erasing the debt--but only if they have a valid reason, like fraud. 
• If no one objects, most of your debts will be erased about 3 to 6 months after you file.

If You Filed Chapter 13: 

• You must begin making payments under the repayment plan right away.
• The plan lasts 3 to 5 years.
• Any remaining eligible debts will be erased after you finish all payments. 

Remember: not all debts can be erased through bankruptcy. See step 5, above.

After your bankruptcy case is done, some debts that bankruptcy can't impact, like child support, may still need to be paid.  

Bankruptcy will stay on your credit report, but how long depends on which bankruptcy you filed for:

• If you filed for Chapter 13: 7 years 
• If you filed for Chapter 7: 10 years

But you can start rebuilding your credit right away by making on-time payments, checking your credit report for errors, and using a secured credit card. You can learn more about moving forward from bankruptcy here. 

This guide has walked you through the bankruptcy process from start to finish. If you haven't already, begin by completing your credit counseling course. See step 1. 

If you have questions or need help with paperwork, legal aid services or nonprofit credit counselors can assist you. Support is available to help you through each step.

• Get free help through one of Oregon's pro-bono bankruptcy clinics.
• Find low-cost and free legal services in our legal directory.
• Get connected with a bankruptcy attorney who can give you a low-cost consultation by contacting the Oregon State Bar's Lawyer Referral Service.
• You can find more information at the U.S. Bankruptcy Court for Oregon's website here.