We provide Bankruptcy help in the following areas:
Debtor Rights
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- We are a debt relief agency
Creditor Rights
- All Chapters
- Relief from the automatic stay
- Non-Dischargeable Debts
Who do we represent?
Southern Oregon clients. Specifically, we represent Oregon bankruptcy clients who live in Jackson, Josephine, Curry, Coos, Douglas, Klamath counties.
Our Bankruptcy Attorney
Frank C. Rote, III has been representing clients in bankruptcy for over 25 years.
Frank provides personal attention to each and every client. You will get to communicate with Frank directly from the start to the finish.
Frequently Asked Questions
What is Bankruptcy?
Bankruptcy laws are federal laws which allow debtors to reduce or cancel a debt and to obtain a fresh start without the fear of being constantly harassed by creditors.
What is a Chapter 7 Bankruptcy?
Usually, when people talk about filing for bankruptcy, they mean Chapter 7. Chapter 7 gives you the opportunity to wipe the slate clean, avoiding almost all of your debts without having to make any future payments. Medical bills and unsecured loans (like credit cards) can usually be discharged in full.
How long does a Chapter 7 bankruptcy take?
Once a Chapter 7 bankruptcy is filed, it generally takes three months to complete. However, you are protected from your creditors on the day the bankruptcy is filed — they may not take any collection activity. If all of your assets are exempt, and no one objects, you will receive your discharge from the debts about 60 days after the meeting of creditors.
Will I lose my Property?
Although bankruptcy law is a federal law, it provides certain exemptions which are found in Oregon state law. If the value of your equity in the property is below the exemption amount, then you will be entitled to keep the property. In valuing property, the court normally uses fair market value. Your property’s value at the time of an Oregon bankruptcy filing is a factor in whether you keep your property.
What is Chapter 13 Bankruptcy?
Chapter 13 is a debt consolidation plan which is approved by the court. It involves a three- to five-year repayment proceeding. In Chapter 13 you gain protection for your assets, and you are able to repay certain debts such as child support arrearages, taxes, car payments and home mortgage arrearages over a three- to five-year time period rather than having your wages garnished or your assets seized.
In exchange for this added benefit, you must agree to make a monthly payment of your disposable income to repay a portion (sometimes all) of your debts. Chapter 13 is often an excellent alternative when consumer credit counseling or Chapter 7 are not available options.
Do I go to court?
Yes, but we will be there with you. Part of the process of a bankruptcy includes a meeting, called “The First Meeting of Creditors.” It is held after the filing of the petition.
At the meeting, a bankruptcy trustee will put you under oath and ask you questions about the information in the petition to make sure it is accurate. The trustee will also review some of your financial documents. It won’t take very long. Also, it is an opportunity for creditors to attend and ask you questions.
However, creditors don’t usually attend the meeting. Part of what you pay for bankruptcy includes our attorney being at the First Meeting of Creditors with you to assist you.
Do I put down all my debts?
Yes. You are required to list every debt. Oregon law provides that, under some circumstances, the debt will still be discharged even if it is not listed. However, there are some situations in which the debt might not be discharged if it is not listed.
How do I stop creditors from contacting me?
Once your petition is actually filed, the automatic stay will prohibit your creditors from having any contact with you. There are severe penalties for creditors who knowingly violate the automatic stay.
Contact Frank Rote, III today for assistance with your Bankruptcy Law needs.