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Oklahoma Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Oklahoma on
Q: My DL and car is still registered in CO, but have lived in OK since August. Where do I file for chp 7 bk? CO or OK?

Lived in OK from 2014-2021; in CO from July 2021-July 2022; back to OK in July 2022 and finally moved to my permanent home in OK in January 2023.

Timothy Denison
Timothy Denison
answered on Feb 18, 2023

Oklahoma. It’s where you lived last 180 days.

1 Answer | Asked in Estate Planning, Bankruptcy, Civil Litigation and Collections for Oklahoma on
Q: VA disability pay is protected from garnishment. Would stock purchased with VA disability pay also be protected?
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

Possibly, but the burden to trace it and show it was purchased from VA funds is on you.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: Had a car impounded yrs back couldn't pay the fee lost the car was 8-9 thsd purchase price now are garnishing my wife's

Checks when she works. The last time it was up to 27,000 she's fixing to start work again it's probably much more now what can we do to stop this

Timothy Denison
Timothy Denison
answered on Jun 21, 2022

You can either negotiate a settlement with the creditor or you can possibly file bankruptcy and discharge the debt permanently. In either event, you need a competent lawyer to handle for you.

1 Answer | Asked in Bankruptcy, Health Care Law, Small Claims and Collections for Oklahoma on
Q: im being sued by a hospital for not paying back a debt that i have partially paid back. it says i need to write a letter

i tried using the Solo suit but my petition seems different that what its asking. can anyone help me?

Tim Akpinar
Tim Akpinar
answered on May 17, 2022

This is something that an Oklahoma attorney is best suited to advise on, but your question remains open for four weeks. If this is something in the lawsuit stage, an ordinary letter might not suffice as a response. There could be more formal legal responses needed. Unfortunately, it's... Read more »

1 Answer | Asked in Bankruptcy, Business Law and Tax Law for Oklahoma on
Q: Trustee in ch 7, Oklahoma, objects to solo 401k and related business is not legitimate, Roth ira transfers not exempt

I opened a Solo 401k under a llc I setup and have had little income . I transferred my IRA and Roth IRA finds to my new 401k. Three months later I had to file chapter 7. The trustee has said that my business is not legitimate, he gives no support of this, but I am scheduled for a 2004 deposition,... Read more »

Timothy Denison
Timothy Denison
answered on Mar 9, 2022

What is your question?

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: Can Chapter 13 bankruptcy lawyer keep Child Tax Credit from the Biden's Stimulus Bill of 2021.
Timothy Denison
Timothy Denison
answered on Feb 28, 2022

Depends on what capacity the chapter 13 bankruptcy lawyer is serving and whether you have any exemptions to protect it.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: Filed Chapter 13 bankruptcy. Filed tax return and I received earned income credit plus I am getting back child tax fund

can the trustees keep it.

Timothy Denison
Timothy Denison
answered on Feb 27, 2022

Most likely yes, unless you are in a 100% repayment plan.

3 Answers | Asked in Bankruptcy for Oklahoma on
Q: The bank filed a replevin order a few months before I filed bankruptcy last week. They are still trying to serve me.

The sheriff came by to serve me this morning and I wasn't home. What do I do? Can I still be served even though I filed bankruptcy?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Nov 3, 2021

You should speak to Counsel in your region. The automatic stay should stop the lawsuit and service. If they had notice, they could be liable for sanctions.

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3 Answers | Asked in Bankruptcy for Oklahoma on
Q: Do I need to attend a motion for default judgment
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 5, 2021

You don't say whether the hearing is set in Oklahoma District Court, or the US Bankruptcy Court for the Western District of Oklahoma. Either way, if you fail to appear, a judgment will almost certainly be entered against you.

Note: if you have filed for bankruptcy relief, and your...
Read more »

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2 Answers | Asked in Bankruptcy for Oklahoma on
Q: My girlfriend and her ex husband filed bankruptcy about 6-7 years ago. He passed away a year later. Can she file again

Her rent, utilities,medical bills, and loans are all way behind now. Didn't know since she's a widow now if she can file again before the 8 year wait

Timothy Denison
Timothy Denison
answered on Aug 15, 2021

She can file a Chapter 13 now. She will have to wait the 8 years before she can file another chapter 7.

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2 Answers | Asked in Bankruptcy and Collections for Oklahoma on
Q: Are there any free resources to help file Bankruptcy? I lost a Business due to Covid and I'm unable to pay for filing
Timothy Denison
Timothy Denison
answered on Jul 22, 2021

You can petition the court to pay in installments or to waive the filing fee entirely.

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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I retained a lawyer for a BK 7 and ended up not filing. No work was done. Sent emails requesting for refund & nothing.

I received one response that said he would call me and i never received a.call. its been over a year now???

Timothy Denison
Timothy Denison
answered on Mar 14, 2021

You will need to file a complaint against the lawyer with the state bar association.

2 Answers | Asked in Bankruptcy for Oklahoma on
Q: On FMLA Covid Mar & Nov, just diagnosed with congestive heart failure. Garnished Fri. Can't pay rent. Need file Chap 7

Help on how to stop this and how can I file Chapter 7, I don't have much money, but I need help bad

Timothy Denison
Timothy Denison
answered on Feb 1, 2021

Call your local bar association or legal aid society for a list of reduced fee and pro Bono lawyers who can help you file quickly.

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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: When asked if you have had bankruptcy in past 3 years, what date is this based on? (filing date or discharge date)

I would like to refinance my house to lower rates. I completed chapter 13 bankruptcy earlier this year. The application asks if I've had a bankruptcy in the past 3 years. Is that 3 years from when I filed bankruptcy or 3 years from when I finished it?

Timothy Denison
Timothy Denison
answered on Nov 6, 2020

Filing date.

2 Answers | Asked in Bankruptcy, Consumer Law and Employment Law for Oklahoma on
Q: If something is removed from my credit report that is being garnished does that mean the garnishment will stop
Timothy Denison
Timothy Denison
answered on Aug 20, 2020

Possibly, but not necessarily. You will need to did a little deeper and see if the harm has been satisfied or released.

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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: Can a company demand money after repossession for a car loan that was never reaffirmed?

I made all my payments on time up until the COVID-19 pandemic and it was repossessed. I never resigned or reaffirmed the car loan after bankruptcy and just made payments as normal. Can the company demand payments (in full) for a car that is no longer in my possession and never reaffirmed? Will this... Read more »

Timothy Denison
Timothy Denison
answered on Jul 18, 2020

No.

1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: I negotiated a garnishment from the usual 25%, which added up to $264 every two weeks, to $100 every two weeks.

How long from the judge signing the order does the collection company have to implement the order?

Timothy Denison
Timothy Denison
answered on Jun 25, 2020

3-4 weeks.

2 Answers | Asked in Bankruptcy, Real Estate Law, Banking and Civil Litigation for Oklahoma on
Q: I have a judgment from five years ago that has not been renewed.

I am now trying to get a mortgage and the mortgage Companies underwriters want proof that this judgment is no longer collectible or enforceable. Would I need a lawyer to get that proof or is there any way to get proof that the judgment is no longer collectible?

Timothy Denison
Timothy Denison
answered on May 24, 2020

You need a lawyer. You shouldn’t for something like this, but unfortunately you do.

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1 Answer | Asked in Bankruptcy and Probate for Oklahoma on
Q: My husband’s father’s estate has been in probate for 8 years. We recently filed bankruptcy, can the trustee take it?

My husband’s father’s estate has been in probate for 8 years, there are four heirs. We recently filed bankruptcy and now the bankruptcy judge wants the estate dissolved. We have been trying to get the probate lawyer to dissolve it for years(we could have avoided bankruptcy if this was the... Read more »

Timothy Denison
Timothy Denison
answered on Mar 18, 2020

The short answer is yes he can, but you should be contact a probate attorney or your bankruptcy attorney to address this issue.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I filed for chpt 13 in August 2014, paid 3 years, discharged in 2017. I need to file chpt 7 now, what r my options?

I’m in Oklahoma City. If I can’t file chpt 7 because it’s too soon, what can I do? We lost significant income two months ago, I can’t go on.

Timothy Denison
Timothy Denison
answered on Dec 23, 2019

You should be eligible to file Chapter 7 right now.

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