Oregon Statutes 93.770 – Recordability of notices of bankruptcy and petitions, orders and judgments from bankruptcy cases
(1) A debtor or a trustee in bankruptcy, or the attorney representing either, may present a notice of bankruptcy for recordation in the deed records of a county in which real property that is owned by the debtor or in which the debtor has an interest is located. The notice of bankruptcy may contain a legal description of specific real property, if known, and must:
Terms Used In Oregon Statutes 93.770
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
(a) Be signed by the individual filing the notice;
(b) Be acknowledged in the manner required for acknowledgment of a deed;
(c) State the name of the debtor;
(d) Identify the district court in which the case is pending, the bankruptcy case number and the bankruptcy chapter filed;
(e) State the name, if applicable, of a trustee for the bankruptcy estate of the debtor, an attorney representing the debtor and an attorney representing the trustee; and
(f) State that the bankruptcy case affects real property in the county that is owned by the debtor or in which the debtor has an interest.
(2) Once recorded in the deed records of a county, the notice of bankruptcy may be released by filing for recordation in the same county:
(a) After expiration of the notice period, a copy of a notice of intent to abandon the real property in a form approved by the bankruptcy court and certified by the clerk of the bankruptcy court;
(b) A copy of a judicial order, certified by the clerk of the bankruptcy court, authorizing abandonment of the real property; or
(c) A copy of a judicial order, certified by the clerk of the bankruptcy court, authorizing closure or dismissal of the bankruptcy case if the real property was not otherwise administered in the case.
(3) A copy of the following documents from a bankruptcy case or an adversary proceeding under the federal bankruptcy laws may be presented for recordation in the deed records of a county in which real property that is owned by the debtor or in which the debtor has an interest is located if the copy is certified by the clerk of the bankruptcy court:
(a) A petition, with the schedules omitted.
(b) An order or judgment filed and entered. [Amended by 2005 c.85 § 1]