Under Oklahoma exemptions in a joint case where both spouses file bankruptcy each are able to exempt one car at a value of $7500 per vehicle. If there is a loan against a vehicle the equity should not exceed $7500 to be a protected asset.
I have not been served a summons, although I have reason to believe that such may be forthcoming. I have offered settlement and have made previous payment and have sent a recent check to the merchant, which cumulatively amount to 75% of all claimed charges but have been stonewalled. The most... Read more »
You can search to see if a mechanic's lien has been filed on your property by searching in the land records division of the Court house where the property is located. There is a fee for copies. If the creditor makes an attempt to foreclose on the mechanics lien you should be notified by a summons.
The deficiency balance that is still owed can be collected by the creditor in State Court by receiving a judgment and then collecting on the judgment with a wage garnishment. In Oklahoma up to 24% of a debtor's wages can be garnished for this type of debt. deficiency balances on repossessions can...Read more »
The Oklahoma homestead exemption amount is unlimited – you can exempt the full value of your home. However, there are limitations as to the acreage of your property. You can only exempt up to 1 acre if you live in a city, town or village. You can only exempt up to 160 acres if you live elsewhere.
Oklahoma does have an unlimited homestead exemption up to one acre inside city limits. However, you must live in Oklahoma for a minimum time frame before filing for bankruptcy in order to qualify for Oklahoma's exemptions. How a house is paid for and fraudulent transfer issues can also have a...Read more »
I hope you have an attorney to assist you in filing for bankruptcy. If so you need to direct this and all questions about bankruptcy to your attorney. If you do not have an attorney I strongly recommend you get one before filing a case.
Schedule A/B is were all assets are disclosed in a...Read more »
Debt was not reaffirmed and was dismissed in court. I called bank about reaffirming and was told no. The title I have does not have lien but state of okla shows a lien. I have an Indiana title given to me dealers floor plan company as he was out of business. Never received Oklahoma title.
I was told that I could get into additional medical debt without court permission. Should I be signing up for the 2 year, 150/month payment plan or contacting lawyers to get it included into bankruptcy or ...?
If you have an attorney representing you in your bankruptcy you should contact them about this issue. Chapter 13 Debtors are generally ordered not to incur debt without court approval however, there is an exception for necessary medical treatment. The debt is generally not included in the...Read more »
In a Chapter 13 bankruptcy creditors are paid based on their priority status. Child Support is a priority debt that is not dischargeable. Property division is an unsecured debt and can be discharged. In a Chapter 13 plan unsecured creditors receive a pro rate share of the amount the debtor is...Read more »
If you have an attorney you should direct this question to them. If you do not have an attorney it is possible to convert a Chapter 13 case to a Chapter 7 case depending on a number of different factors. If you are in a Chapter 13 because your income was to high to be in a Chapter 7 and your...Read more »
It is best to be out of the home by the date of the Sheriff's sale. However, in Oklahoma you technically have until the date the Sheriff's sale is confirmed to be out of the house. The Confirmation of the Sale hearing is approximately 30 days from the sale date.
It is possible to qualify for a Chapter 7 even if you are above the median income. There is an additional portion of the Chapter 7 Means Test for debtors who are above median income that takes into consideration deductions for certain allowable living expenses, taxes, secured payments on certain...Read more »
I moved out and left him the house. I obtained a lawyer and had the bankruptcy discharged since I had left the marriage with just my personal belongings. In 2009 he filed chapter 11 on the mortgage. Now on my credit report, it is showing that I am behind 90-120 days with a mortgage company for... Read more »
If you surrendered the home in your prior bankruptcy, you may have a claim against the mortgage company violating the discharge. You should contact your previous bankruptcy attorney about this matter as you may have a claim against the mortgage company. If your prior Chapter 13 bankruptcy was...Read more »
If you have an attorney you need to discuss this with them before you take any action. Most Chapter 7 cases only last for 3 to 4 months, so it would be best for you to wait until after your final decree is entered. However, if the house was listed as an asset and properly exempted with no...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.