Blaine Clooten, an Oregon Bankruptcy attorney, based in Hermiston, OR, provides insight on eligibility for filing a chapter 7 bankruptcy. Some common questions, and key concerns. For more information, links to additional resources are provided.

1. 6/11/2018 Should you file Bankruptcy? (Chapter 7; Oregon Attorney) | LinkedIn
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Should you file Bankruptcy? (Chapter
7; Oregon Attorney)
Published on May 31, 2017 |
Blaine Clooten
Attorney at Law - Clooten Law, LLC
1 article
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There are many important considerations that one most weigh before pulling the trigger on a
Bankruptcy. For instance, are there any substantial expenses in the pipeline which may
become due after filing (Child Birth, Major Surgery)? If so, it makes sense to wait.
Especially when considering that one can only file Bankruptcy every eight (8) years (from
the date of filing). The following is a discussion of some common objections and obstacles
frequently faced by an Attorney.
One of the most common objections to filing a Bankruptcy I hear from clients (or
prospective clients) is what I refer to as the debt morality imperative. Folks have a hard time
simply letting a debt they rightfully incurred wash away without guilt. My first instinct is to
point doubters to the constitution, and in particular, ARTICLE I, SECTION 8, CLAUSE 4.
Rather than explaining this myself, the Heritage Guide to the Constitution has an excellent
article outlining the Bankruptcy Clause, and anyone interested should read further.
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2. 6/11/2018 Should you file Bankruptcy? (Chapter 7; Oregon Attorney) | LinkedIn
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Perhaps even more common than the debt morality imperative is a basic lack of
understanding of what bankruptcy means and related credit rating concerns. A nice source
I've used for general information for consumer facing creditor information is a podcast
called the Consumer Warrior. I'd recommend this to anyone who wants to ingest some
information via audio rather than sifting through piles of text.
If a person has primarily consumer debt, one of my first inquiries is whether the person has
been divorced, and if so, if they took on debt as part of the dissolution. If they have, the
debtor must most likely file a Chapter 13 Bankruptcy in order to extinguish the debt. And
this makes sense if you consider that the creditor was not a party to the individual's
dissolution of marriage, among other things.
Finally, (for our limited purposes) there is the cost consideration, which I find to be
particularly ironic. Consider that a client might have over $500,000 in consumer debt and
qualify for a Chapter 7 Bankruptcy. In essence, the individual will clean slate their debt for
the cost of an Attorney preparing the documents (preparation costs vary slightly based upon
case complexity), and a filing fee paid to the Government (currently $335). There are minor
additional costs (pre and post debtor education courses), but these pale in comparison to the
filing costs.
Thank you.
Blaine Clooten; clootenlaw@gmail.com; +1-541-667-7993
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