Filing Bankruptcy in Oregon: Means Test, Exemptions and Courts
Bankruptcy in Oregon: the means-test median income, which exemptions you can use, homestead, car and wildcard exemptions, retirement protection and the bankruptcy court.
Quick answers for Oregon
- Means test median income
- Median family income for Oregon: 1 person $79,089; 2 people $93,670; 3 people $116,729; 4 people $140,024; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. U.S. Trustee Program, Census Bureau Median Family Income By Family Size (Cases Filed On or After July 15, 2026)
- State or federal exemptions
- Oregon has not opted out. A person living in Oregon who files for bankruptcy may use either the federal exemptions in 11 U.S.C. 522(d) or the Oregon state exemptions, but not both. Or. Rev. Stat. § 18.300
- Homestead exemption
- The statute sets the homestead exemption at $150,000 for one debtor, or $300,000 combined for two or more household members who are debtors, and requires the State Court Administrator to adjust these amounts for inflation every July 1. Or. Rev. Stat. § 18.395(1); § 18.402; § 18.406; Oregon Judicial Department, Homestead Exemption Annual Adjustment table
- Bankruptcy court
- Oregon has one federal bankruptcy court district: the U.S. Bankruptcy Court for the District of Oregon (https://www.orb.uscourts.gov/). Official U.S. Bankruptcy Court website(s)
Last verified: 2026-10-27
Qualifying for Chapter 7
| Means test median income | Median family income for Oregon: 1 person $79,089; 2 people $93,670; 3 people $116,729; 4 people $140,024; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026. Used in the Chapter 7 means test (Official Forms 122A-1 and 122C-1). The table's first column is labeled "1 EARNER." The same figures were posted for cases filed April 1 through July 14, 2026. The U.S. Trustee Program updates the table periodically. |
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What you can keep (exemptions)
| State or federal exemptions | Oregon has not opted out. A person living in Oregon who files for bankruptcy may use either the federal exemptions in 11 U.S.C. 522(d) or the Oregon state exemptions, but not both. Using any exemption from one list rules out the other list. Source: Or. Rev. Stat. § 18.300 |
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| Homestead exemption | The statute sets the homestead exemption at $150,000 for one debtor, or $300,000 combined for two or more household members who are debtors, and requires the State Court Administrator to adjust these amounts for inflation every July 1. The Oregon Judicial Department's published table lists $158,300 for one judgment debtor and $316,700 for two or more in the same household for the period from July 1, 2026 to before July 1, 2027. The home must be the actual residence of the owner or the owner's spouse, parent or child. Area limit: up to 160 acres outside a town or city laid off into blocks and lots, or up to one block inside such a town or city. For child support, spousal support or restitution debts the exemption is $40,000 ($50,000 combined) and is not indexed. The exemption does not apply to purchase-money liens, mortgages, or construction liens for work on the home. Adjusted amounts read from https://www.courts.oregon.gov/Documents/Homestead-Garnishment-Exemption-Adjustments-Table.pdf (the table is labeled by garnishment dates). The table does not say how the adjustment interacts with a bankruptcy filing date. |
| Car exemption | One vehicle (automobile, truck, trailer or other motor vehicle) up to $10,000 in value. If the debt is for child support, spousal support or a judgment that includes restitution, the limit is $3,000. Household members who are joint debtors may each claim the vehicle exemption, and may combine it for jointly owned property. |
| Wildcard exemption | The debtor's interest in any personal property, up to $400 in value. This exemption cannot be used to increase the amount of any other exemption. Source: Or. Rev. Stat. § 18.345(1)(p) |
| Retirement accounts | A retirement plan is treated as a valid spendthrift trust and the beneficiary's interest is exempt automatically, without having to claim it. Covered plans include pension and profit-sharing plans under Internal Revenue Code sections 401(a), 401(c), 401(k), 403 and 457, traditional and Roth IRAs (including SEP IRAs), and government or private employment pensions. Contributions that are not 'permitted contributions' can be challenged as voidable transactions, and for support debts only 75% of the interest (or 50% of a lump-sum withdrawal) is exempt. Exempt retirement funds stay exempt when deposited in a bank account if reasonably identifiable, up to an accumulation of $7,500. |
| Wages | 75% of disposable earnings is exempt. In addition, the debtor must be left with at least a minimum amount: for wages payable from July 1, 2026 to before July 1, 2027, $400 for a week or less, $832 for two weeks, $912 for a half-month, and $1,792 for a month. From July 1, 2027 the weekly minimum becomes 30 times the Oregon minimum wage (60, 65 and 130 times for the other pay periods), recalculated each year by the State Court Administrator. Lower minimums apply to child support, spousal support and restitution debts. Exempt wages stay exempt when deposited in a bank account if reasonably identifiable, up to an accumulation of $7,500. ORS 18.385(7)(a) states that these wage-garnishment limits do not apply to any order of a court of bankruptcy. |
Where and how to file
| Bankruptcy court | Oregon has one federal bankruptcy court district: the U.S. Bankruptcy Court for the District of Oregon (https://www.orb.uscourts.gov/). |
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| Filing without a lawyer | Oregon has one bankruptcy district. The court's 'Filing Without an Attorney' page lists three ways to file: the free online eSR petition system (chapter 7 only, with up to 45 days to finish), fillable PDF forms filed through the Public Document Upload, by mail, in person in Portland or Eugene, or by fax, or a paper petition packet mailed on request. A valid credit counseling certificate or Local Bankruptcy Form (LBF) 100.3 must be filed with the petition or the case may be dismissed immediately. The page also offers a filing checklist, LBF 101D for a debtor's change of address, motion and certificate-of-service templates, information on the Oregon State Bar Lawyer Referral Service, a bankruptcy clinic, a pro bono program for low-income people in certain counties, and phone numbers for emergency filings. Fees can be paid by money order or by an application to pay in installments or to waive the chapter 7 fee. Court staff cannot give legal advice. Also read: https://www.orb.uscourts.gov/electronic-self-representation-esr-bankruptcy-petition-preparation-system-chapter-7-only |
| Standard Chapter 13 lawyer fee | District of Oregon (the state's only bankruptcy district): Local Bankruptcy Form 1305, Chapter 13 Debtor's Attorney's Compensation Disclosure and Application (12/1/2025), used under LBR 2016-1, sets maximum fixed fees: Schedule 1 (life-of-the-case fixed fee, all reasonably necessary services for the entire case including contested matter litigation but excluding adversary proceedings and appeals) of $6,225 maximum plus expenses of $675 maximum; and Schedule 2.(a) (fixed fee through confirmation and the initial audit of claims, including prepetition services) of $4,250 maximum. Under the hourly Schedule 2.(b), an itemization (LBF 1306) is required if the agreed estimated total compensation exceeds $4,250 (LBR 2016-1, as amended December 1, 2025). Local Bankruptcy Rules (12/1/2025): https://www.orb.uscourts.gov/sites/orb/files/documents/local_rules/LBR.120125%20clean.pdf |
Bankruptcy FAQ
Which bankruptcy court do I file in for Oregon?
Oregon has one federal bankruptcy court district: the U.S. Bankruptcy Court for the District of Oregon (https://www.orb.uscourts.gov/).
What is the bankruptcy means test income limit in Oregon?
Median family income for Oregon: 1 person $79,089; 2 people $93,670; 3 people $116,729; 4 people $140,024; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.
Can you use the federal bankruptcy exemptions in Oregon?
Oregon has not opted out. A person living in Oregon who files for bankruptcy may use either the federal exemptions in 11 U.S.C. 522(d) or the Oregon state exemptions, but not both. Using any exemption from one list rules out the other list.
How much home equity is protected in bankruptcy in Oregon?
The statute sets the homestead exemption at $150,000 for one debtor, or $300,000 combined for two or more household members who are debtors, and requires the State Court Administrator to adjust these amounts for inflation every July 1. The Oregon Judicial Department's published table lists $158,300 for one judgment debtor and $316,700 for two or more in the same household for the period from July 1, 2026 to before July 1, 2027. The home must be the actual residence of the owner or the owner's spouse, parent or child. Area limit: up to 160 acres outside a town or city laid off into blocks and lots, or up to one block inside such a town or city. For child support, spousal support or restitution debts the exemption is $40,000 ($50,000 combined) and is not indexed. The exemption does not apply to purchase-money liens, mortgages, or construction liens for work on the home.
Can I keep my car in bankruptcy in Oregon?
One vehicle (automobile, truck, trailer or other motor vehicle) up to $10,000 in value. If the debt is for child support, spousal support or a judgment that includes restitution, the limit is $3,000. Household members who are joint debtors may each claim the vehicle exemption, and may combine it for jointly owned property.
Does Oregon have a wildcard exemption?
The debtor's interest in any personal property, up to $400 in value. This exemption cannot be used to increase the amount of any other exemption.
Are retirement accounts protected in bankruptcy in Oregon?
A retirement plan is treated as a valid spendthrift trust and the beneficiary's interest is exempt automatically, without having to claim it. Covered plans include pension and profit-sharing plans under Internal Revenue Code sections 401(a), 401(c), 401(k), 403 and 457, traditional and Roth IRAs (including SEP IRAs), and government or private employment pensions. Contributions that are not 'permitted contributions' can be challenged as voidable transactions, and for support debts only 75% of the interest (or 50% of a lump-sum withdrawal) is exempt. Exempt retirement funds stay exempt when deposited in a bank account if reasonably identifiable, up to an accumulation of $7,500.
Are wages protected in bankruptcy in Oregon?
75% of disposable earnings is exempt. In addition, the debtor must be left with at least a minimum amount: for wages payable from July 1, 2026 to before July 1, 2027, $400 for a week or less, $832 for two weeks, $912 for a half-month, and $1,792 for a month. From July 1, 2027 the weekly minimum becomes 30 times the Oregon minimum wage (60, 65 and 130 times for the other pay periods), recalculated each year by the State Court Administrator. Lower minimums apply to child support, spousal support and restitution debts. Exempt wages stay exempt when deposited in a bank account if reasonably identifiable, up to an accumulation of $7,500.
Can I file bankruptcy without a lawyer in Oregon?
Oregon has one bankruptcy district. The court's 'Filing Without an Attorney' page lists three ways to file: the free online eSR petition system (chapter 7 only, with up to 45 days to finish), fillable PDF forms filed through the Public Document Upload, by mail, in person in Portland or Eugene, or by fax, or a paper petition packet mailed on request. A valid credit counseling certificate or Local Bankruptcy Form (LBF) 100.3 must be filed with the petition or the case may be dismissed immediately. The page also offers a filing checklist, LBF 101D for a debtor's change of address, motion and certificate-of-service templates, information on the Oregon State Bar Lawyer Referral Service, a bankruptcy clinic, a pro bono program for low-income people in certain counties, and phone numbers for emergency filings. Fees can be paid by money order or by an application to pay in installments or to waive the chapter 7 fee. Court staff cannot give legal advice.
How much does a Chapter 13 bankruptcy lawyer cost in Oregon?
District of Oregon (the state's only bankruptcy district): Local Bankruptcy Form 1305, Chapter 13 Debtor's Attorney's Compensation Disclosure and Application (12/1/2025), used under LBR 2016-1, sets maximum fixed fees: Schedule 1 (life-of-the-case fixed fee, all reasonably necessary services for the entire case including contested matter litigation but excluding adversary proceedings and appeals) of $6,225 maximum plus expenses of $675 maximum; and Schedule 2.(a) (fixed fee through confirmation and the initial audit of claims, including prepetition services) of $4,250 maximum. Under the hourly Schedule 2.(b), an itemization (LBF 1306) is required if the agreed estimated total compensation exceeds $4,250 (LBR 2016-1, as amended December 1, 2025).
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