Notification of your bankruptcy filing ensures that the department will activate a stay of collections. Stay of collection means the department will pause the collection process while you are in bankruptcy.
Common terms
During the bankruptcy process you may encounter the following terms.
Pre-petition debt: Debt obtained before you file bankruptcy is referred to as pre-petition debt. Pre-petition debt is the debt that may be discharged as part of your bankruptcy.
Post-petition debt: Debt obtained after you file bankruptcy is referred to as post-petition debt. These debts are not part of your bankruptcy case and will not be discharged. You are responsible for paying this debt.
Discharge: The goal of a bankruptcy should be a discharge. This means that the court has accepted your bankruptcy case, you have completed all necessary steps, and your eligible debts have been forgiven.
Dismissed: A dismissal means that something went wrong with your case and the court was unable to finalize your bankruptcy. This means you still owe the debt.
How can I notify the department that I've filed bankruptcy?
If you listed the Department of Revenue (DOR) as a creditor in your bankruptcy, the department will receive an electronic notice about your case from the U.S. Bankruptcy Courts within a day or two of the petition date.
How can I confirm the department has received notice of my bankruptcy?
Contact us by sending an email to
DOR.bankruptcy@dor.oregon.gov and include your bankruptcy case number.
What should I do now that my bankruptcy was discharged?
Pay your remaining balance in full or set up a
payment plan. The DOR bankruptcy team will finalize your discharge and send any remaining balances to our
tax collection units.
What should I do if my bankruptcy was dismissed?
You should verify with the
bankruptcy court, or your attorney, that your case has been dismissed and closed. If you have a balance due to us, you may pay in full or set up a
payment plan.
Oregon cases dismiss and close the same day. Out-of-state bankruptcy cases usually close within 30-60 days after the dismissal date.
If you have an out-of-state bankruptcy that is waiting to close, and you wish to set up a temporary payment plan, contact the DOR bankruptcy team. Once your out-of-state bankruptcy has closed, set up a new payment plan.
Frequently asked questions
Send an email to the bankruptcy team at the email above.
Notify us at the email above. A stay of collections may apply resulting in the department recalling the account from the PCF.
Contact your employer to make sure they received a Release of Garnishment Notice. If you find that your employer has not received the notice, contact our bankruptcy team to make sure we are aware of the bankruptcy and have issued a Release of Garnishment Notice.
Not all debts will be subject to be discharged by your bankruptcy. Contact your attorney or the DOR bankruptcy team for an explanation as to why your debts survived your bankruptcy. Until your case is closed, we will not know for certain which debts survived your bankruptcy.
Send an email to the bankruptcy team to the email above, and include your bankruptcy case number.
If you filed a single bankruptcy and have joint debt, your spouse is not protected by the stay of collections. The joint debt is still collectible from the spouse who did not file bankruptcy.
Your spouse is only protected from garnishment if they are part of the bankruptcy filing. If your spouse is part of the bankruptcy filing and are being garnished, reach out to us using the contact information provided above.
No, post-petition debt cannot be included in your current bankruptcy. Post-petition debt is collectible during your bankruptcy because it is not protected under the bankruptcy stay of collections.
If you can’t afford your monthly payments on post-petition debt, reach out to us using the contact information provided above to discuss your options.
If you received a letter stating you need to file a tax return, it is because we do not have a return on file. Follow the instructions in the letter to submit a copy of your return.
Yes, please talk to your bankruptcy attorney or trustee before making pre-petition payments.