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: 

1. Proof of income: documents like pay stubs, benefits statements, and tax returns
2. A list of your debts: credit cards, medical bills, personal loans, etc. 
3. A list of what you own: car, home, savings, valuables 
4. Recent bank statements and papers related to major financial transactions 
5. Your completed credit counseling certificate

Your bankruptcy forms will require details about your income, debts, expenses, and property. See the complete checklist of what you will need 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 request called a petition asking the court to approve your bankruptcy. 
• Forms that list all of your debts, income, property, and expenses. 
• Forms with details about recent transactions. 

Find those forms and instructions on the U.S. Bankruptcy Court website.

Which forms you need depends 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.   

It's normal to have questions about these forms.  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 can turn your completed forms to the court online, in person, or by mail. 

You will need to: 

• Submit all required forms. 
• Include your credit counseling certificate. 
• Pay the filing fee. Go here for more information on current filing fees.

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 to file for free by filing a form called a fee waiver. 
   1. The court will decide if you qualify.
   2. You can find copies of the form and instructions online here or ask at the bankruptcy court. 

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.
• They also cannot sue you in court for the debt.
• If debt collectors are taking money from your paycheck or bank account, they must stop.
• Repossessions may be paused.
• Utility shutoffs for unpaid bills or debts that bankruptcy covers may be temporarily stopped.

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 (the 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. 

It's very important that you attend. Missing this meeting could cause your case to be delayed—or even closed, requiring you to start over.

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 the 341 meeting (described in Step 6). Once you are finished, you'll receive a certificate. You must send the certificate to the court to prove you completed the course.

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 (about two months) after the 341 meeting to object to the court erasing the debt. But they must have a good reason, such as if you lied about something. 
• If no one objects, most of your debts will be erased between 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.

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

• Chapter 7 bankruptcy stays on your report for ten years.
• Chapter 13 bankruptcy stays on your report for seven 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. 

If you have questions or need assistance, help is available:

• 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.