Last Amended: 2013
2013
Current selection18.300. Bankruptcy Code exemptions
(1) For purposes of a bankruptcy petition, a resident of this state may use the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) or the exemptions given to residents of this state under state law, but may not use both.
(2)(a) If a resident of this state uses any of the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)) for purposes of a bankruptcy petition, the resident may not use any of the exemptions given to residents of this state under state law.
(b) If a resident of this state uses any of the exemptions given to residents of this state under state law for purposes of a bankruptcy petition, the resident may not use any of the federal exemptions provided in section 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)).
(3) This section does not apply to executions.
CREDIT(S)
Formerly 23.305. Amended by Laws 2013, c. 597, § 4, eff. July 1, 2013.
HISTORICAL AND STATUTORY NOTES
18.300. Bankruptcy Code exemptions
CREDIT(S)
Formerly 23.305. Amended by Laws 2013, c. 597, § 4, eff. July 1, 2013.
HISTORICAL AND STATUTORY NOTES
2013 Legislation
Laws 2013, c. 597, § 4, rewrote this section, which read:
"In accordance with Section 522 (b) of the Bankruptcy Code of 1978 (11 U.S.C. 522 (b)), residents of this state shall not be entitled to the federal exemptions provided in Section 522 (d) of the Bankruptcy Code of 1978 (11 U.S.C. 522 (d)). Nothing in this section shall affect the exemptions given to residents of this state by the Constitution of the State of Oregon and the Oregon Revised Statutes."
Laws 2013, c. 597, § 5 (2), eff. July 1, 2013, provides:
"[SECTION 5.] (2) The amendments to ORS 18.300 by section 4 of this 2013 Act apply only to bankruptcy petitions first filed on or after the effective date of this 2013 Act."
Formerly:
23.305.