What you can keep in bankruptcy in Oregon: what to do

Checked against official sources: Oct 25, 2026

In Oregon:

Which exemptions you use
State or federal, your choice.
Your home
$158,300 in equity for one debtor; $316,700 combined when two or more members of the same household are debtors.
Do this now
List everything you own with its value, and any loan against it.

General legal information, not legal advice. RobinClaim is not a law firm.

Build your plan

Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan for Oregon

Do now

  1. Look up your state's exemption system: which list you may use.

    Which exemptions you use

    Oregon: State or federal, your choice.

    Why: Some states let you choose the state list or the federal list (one whole set, never a mix); others allow only the state list.

  2. Look up your state's homestead rule: how much of your home it protects.

    Your home

    Oregon: $158,300 in equity for one debtor; $316,700 combined when two or more members of the same household are debtors.

    Why: Some states set a dollar amount, some protect a home with no dollar limit, and a few give a rule that can change each year.

  3. If you moved to your state less than 2 years before filing, check which state's exemptions apply.

    Why: You use the exemption law of the state where you lived for the full 730 days before filing; if you moved during that time, it is the state where you lived for the 180 days before those 2 years, or for most of them.

  4. List everything you own with its value, and any loan against it.

    Why: The bankruptcy forms ask for all your property (Schedule A/B) and for the property you claim as exempt (Schedule C).

This week

  1. Compare your list with your state's exemptions on Bankruptcy Help Map.

    Why: It shows each category for your state: home, car, household goods, wages, retirement accounts and others, next to the federal list where you may choose it.

  2. If you acquired your home equity within 1,215 days (about 3 years and 4 months) before filing, note the federal cap.

    Why: If you use your state's exemptions, you can protect no more than $214,000 of home equity acquired in those 1,215 days; equity moved from an earlier home in the same state does not count (11 U.S.C. 522(p)).

  3. Know that retirement money in tax-exempt accounts is protected whichever list you use.

    Why: Traditional and Roth IRAs are protected up to $1,711,975 in total; money rolled over from a 401(k) or similar employer plan does not count toward that cap (11 U.S.C. 522(n)).

  4. Ask legal aid or a bankruptcy lawyer to review your list before you file.

    Why: Values, liens and which list applies decide what you keep, and a mistake can cost you property.

If it's not resolved

  1. If you file, list the property you claim as exempt on Schedule C (Official Form 106C).

    Why: Schedule C is the official form for the property you claim as exempt: uscourts.gov/forms-rules/forms/schedule-c-property-you-claim-exempt-individuals

  2. If a loan is secured by your car or home, keep in mind that a discharge does not remove a valid lien.

    Why: A discharge ends your personal liability, but a secured lender may still take the property if you don't pay.

  3. If you are married and file one joint case, you both use the same set of exemptions.

    Why: A married couple filing together must both pick the same set; with the federal list, each spouse can claim its amounts separately.

Deadlines

Which exemptions you use

General rule: see state

In Oregon:

State or federal, your choice. You pick one whole set: the Oregon list or the federal list. You can't mix them.

Law: ORS 18.300; 11 U.S.C. 522(b)(1)-(2); 11 U.S.C. 522(d) · checked Oct 2026 · Official source

Your home (homestead)

General rule: see state

In Oregon:

$158,300 in equity for one debtor; $316,700 combined when two or more members of the same household are debtors.

Law: ORS 18.395; ORS 18.402; Oregon Judicial Department homestead adjustment table · checked Oct 2026 · Official source

Which state's exemptions apply

General rule: The state where you lived for the 730 days before filing (if you moved, the 180 days before that)

Official source

Federal cap on newly acquired home equity

General rule: $214,000 of equity acquired in the 1,215 days before filing, if you use your state's exemptions

Official source

Key facts for Oregon

Bankruptcy Help Map

Exemptions you use
State or federal, your choice
Your home (homestead)
$158,300 in equity for one debtor; $316,700 combined when two or more members of the same household are debtors.
Where you file
U.S. Bankruptcy Court for the District of Oregon
Means test median income, 1 person
$79,089 a year (cases filed on or after April 1, 2026)

Bankruptcy Help Map: Oregon · checked Oct 2026

Documents to gather

  • A list of everything you own, with values
  • Deed or mortgage statement for your home
  • Car title and loan statement
  • Retirement account statements
  • Bank statements
  • Statements for any loan secured by property

Where to go

Costs

Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee fee); Chapter 13 is $313 ($235 + $78). The Chapter 7 fee can be paid in up to 4 installments within 120 days (the court can allow up to 180 days for a good reason), or waived if your income is below 150% of the poverty line and you can't pay even in installments. Credit counseling agencies may charge a reasonable fee but must give the course and certificate whether or not you can pay. Bankruptcy Help Map's tables, means test check, checklist and letter are free.

Talk to a lawyer if

  • You own a home with equity, or a car or other property that may be worth more than your state protects
  • You moved to your state in the last 2 years
  • You acquired home equity in the last 1,215 days (about 3 years and 4 months)
  • You recently sold, gave away or transferred property, or paid back relatives
  • You own a business or property in more than one state

Free help

Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help). Many bankruptcy courts list free help desks and volunteer lawyer programs on their websites, and Bankruptcy Help Map lists free help for each state. Court clerks can't give legal advice.

Guides for your state

Guides for every state

Questions

Which exemptions you use in Oregon: what is the rule?

State or federal, your choice. You pick one whole set: the Oregon list or the federal list. You can't mix them. (ORS 18.300; 11 U.S.C. 522(b)(1)-(2); 11 U.S.C. 522(d))

Your home in Oregon: what is the rule?

$158,300 in equity for one debtor; $316,700 combined when two or more members of the same household are debtors. (ORS 18.395; ORS 18.402; Oregon Judicial Department homestead adjustment table)

Which state's exemptions apply: what is the rule?

The state where you lived for the 730 days before filing (if you moved, the 180 days before that)

Federal cap on newly acquired home equity: what is the rule?

$214,000 of equity acquired in the 1,215 days before filing, if you use your state's exemptions

When should I talk to a lawyer?

You own a home with equity, or a car or other property that may be worth more than your state protects; You moved to your state in the last 2 years; You acquired home equity in the last 1,215 days (about 3 years and 4 months); You recently sold, gave away or transferred property, or paid back relatives; You own a business or property in more than one state.

How much does it cost?

Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee fee); Chapter 13 is $313 ($235 + $78). The Chapter 7 fee can be paid in up to 4 installments within 120 days (the court can allow up to 180 days for a good reason), or waived if your income is below 150% of the poverty line and you can't pay even in installments. Credit counseling agencies may charge a reasonable fee but must give the course and certificate whether or not you can pay. Bankruptcy Help Map's tables, means test check, checklist and letter are free.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.