From time to time, I come across the issue of someone who recently moved to Oregon, and is considering bankruptcy. They come to my office, and I conduct my usual free bankruptcy consultation. I soon learn that the person has only been in Oregon but a few months, or for even less time. This raises a few issues regarding “venue,” or the proper place where a bankruptcy ought to be filed. This post discusses venue in the context of bankruptcy.
To file bankruptcy in Oregon, you must have lived here for the past 180 days, or the majority thereof. This loosely translates for the need to live in Oregon for at least the past 91 days before you file bankruptcy in Oregon. If you need to file bankruptcy immediately, and it has not been 91 days since you have lived in Oregon, you will need to file bankruptcy in the state that you moved from. The easy answer when I encounter this issue, usually, is for the consumer to wait out the 91 days so he or she can file bankruptcy in Oregon. For example, I meet a potential client who just moved to Oregon from Texas; my advise: let’s wait at least 91 days from when you moved here, and then we can file bankruptcy in Oregon.
There are a few exceptions to the above rule. If your principal assets are located in Oregon (i.e. real property) but you live in Texas, you may qualify to file a bankruptcy in Oregon, despite the 180/91 day rule. There are rules regarding businesses that file bankruptcy, as well, that do not apply to consumer cases.
The opposite situation from the above example exists, as well. For example, a client who moves to another state, but wants to file bankruptcy with me, as their attorney. As long as we file before 91 days passes that the client has lived in the new state, the client can file bankruptcy in Oregon. If 91 days passes in which the client lives in the new state, he or she will need to find a new attorney in the new state to file bankruptcy (I’m only licensed to practice law in Oregon).
If you are interested in bankruptcy and have just moved to Oregon, or maybe you are about to move out of Oregon, please call today for your free bankruptcy consultation in Eugene, Oregon.
I look forward to hearing from you.
Butcher Law Office, LLC
116 State Highway 99 N #101
Eugene, OR 97402
(541) 762-1967 telephone
(541) 762-1968 facsimile