Consumer Bankruptcy Lawyers in Eugene, Oregon

Find the right Consumer Bankruptcy attorney in Eugene, OR

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Bankruptcy is a legal process allowing an individual or business to have some or all of their debt absolved. It is almost always considered as a last resort because it can have some negative long-term consequences which must be considered, even if you ultimately decide that they are outweighed by the benefits. Bankruptcy is governed by federal law and handled in federal courts, so the procedural and substantive rules involved in Oregon are often the same as anywhere else in the U.S. However, individual bankruptcy courts have slightly different rules for items such as exemptions, so it would be a good idea to consult with a local Eugene, Oregon bankruptcy Lawyer beforehand.

Chapter 7 Bankruptcy in Eugene, Oregon

In Eugene, Oregon, there are 2 commonly-used forms of consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves a liquidation of some of the debtor's assets, which pays off part of his or her debt. Once this is done, the remaining debt is absolved. Fortunately for debtors, many types of property are exempt from liquidation, including homes, vehicles, basic personal items, and retirement accounts.

Once the qualifying property is sold, and the funds transferred to the creditors, the dischargeable debt is cleared. Some types of debt, however, can't be absolved in Chapter 7 Bankruptcy in Eugene, Oregon. These include student loans, criminal fines, and taxes, among others. If most of your debt can't be absolved, Chapter 7 might not be the best choice for you.

Chapter 13 Bankruptcy in Eugene, Oregon

Chapter 13 Bankruptcy in Eugene, Oregon differs substantially from Chapter 7. It might be a better option than Chapter 7, depending on the facts of your case. Chapter 13 bankruptcy does not discharge debt. Instead, it restructures it. This involves the bankruptcy court coming up with a new payment plan that supersedes the terms of the contracts that gave rise to the debt in the first place. This results in an altered payment plan that the debtor should find manageable, if he or she can make a few sacrifices.

Which Type of Consumer Bankruptcy Should I File in Eugene, Oregon

Which Bankruptcy type to file under depends heavily on the facts of each particular case. If you have a steady stream of income (enough to make a payment plan manageable), and a large amount of non-exempt property that you don't want to part with, Chapter 13 may be best for you. If you don't have a steady income or large amounts of non-exempt property, you may be better off filing for Chapter 7.

Whatever your situation, you should speak with a local Eugene, Oregon bankruptcy Attorney. Your Lawyer will be able to advise you of your options and their likely outcomes, which will help you make a more educated decision.

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Life in Eugene

Eugene, Oregon is the second-largest city in the state of Oregon. It is also the seat of Lane County, in the south end of the Willamette Valley. Its population is about 157,000 people.

Eugene, Oregon is named after its founder, Eugene Franklin Skinner, who started the first recorded permanent settlement in the area. The first major educational institution in the area was Columbia College, which was founded a few years before the University of Oregon (still Oregon's flagship public university).

Modernly, Eugene is known as a progressive, and somewhat quirky, community with a streak of political radicalism thrown in for good measure. A small but highly-visible community of anarchists established itself in Eugene in the 1990s, and is still present there today. While they are not generally criminally-inclined, some of their protests have led to arrests. Many activist attorneys in Eugene, Oregon have taken it upon themselves to represent clients with radical political views, sometimes on a pro bono or reduced fee basis.

Of course, most Eugene, Oregon lawyers have more "standard" careers, and represent average citizens and small businesses, helping them with the legal issues that they're most likely to face. If you live in or around Eugene, Oregon, and have a legal issue that needs immediate attention, you should not hesitate to contact an Eugene, Oregon attorney as soon as possible.