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Oklahoma Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Oklahoma on
Q: How much is the motor vehicle exemption in Oklahoma in a chapter 7 filing?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 7, 2023

Unlike a lot of states, Oklahoma prohibits you from claiming the bankruptcy code exemptions.

However, OK state law appears to allow you up to $7,500 in equity value (fair market value after deducting lien amount) in your vehicle.

I highly recommend that you confer with, and use, an...
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2 Answers | Asked in Bankruptcy for Oklahoma on
Q: can a couple file for bankruptcy separately
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 20, 2023

Yes, but there are wrinkles.

E.g. When computing income in bankruptcy, which can be jurisdictional and determine eligibility for which chapter of relief is appropriate, a spouse's/'roommate's share of living expenses will probably be calculated to determine amounts which...
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2 Answers | Asked in Bankruptcy, Tax Law and Family Law for Oklahoma on
Q: I was served papers yesterday for contempt of court by my ex-husband stating I did not pay tax debt how to proceed?

papers state I did not pay the debt (an amended return was declined because of it was filed to late because he would not sign the amendment) however it has all been paid as far as I know, I have all my tax returns but I'm not sure how to proceed, do I need to get a lawyer? can I just submit... View More

Samuel  Landis
Samuel Landis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

It is a good idea to immediately file your tax returns. If needed, you can obtain your income transcripts directly from the IRS so that you have a record of your income that was reported to the IRS from which you may start return preparation.

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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I recently received a judgement lien on my real property from a dept collector. The original judgement was in 2009.

They have garnished my wages and bank account for about 10 years at different times. I lost my job due to covid in early 2020 and they were unable to continue garnishing my wages. I felt it was close to being taken care of but they say I still owe 35000 plus. Not sure of the original dept around 15... View More

Timothy Denison
Timothy Denison
answered on Jun 10, 2023

You can try to negotiate a settlement with them for a reduced lump sum payment.

2 Answers | Asked in Bankruptcy for Oklahoma on
Q: If the plaintiff of a chapter 7 bankruptcy is also the plaintiff of an ongoing personal injury settlement what happens?

I realize x amount of funds are exempt but will the personal injury case itself be stopped? What happens with their medical bills regarding the suit and the suit itself?

To be clear, I am in the court process with the defendant on the personal injury lawsuit that happened prior. I know any... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 26, 2023

You most probably already have Oklahoma bankruptcy counsel representing you, and he/she would no doubt be your best source of information and advice about these issues, especially because counsel would probably be familiar with the bankruptcy judge and Ch. 7 trustee assigned to your case.... View More

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1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: The judgment I have against my name the five years is up but the creditor was add in chapter 7 and was discharged can th

Surgical hospital sued me back in October 2017 and the surgery was in November 2012. I was served papers to answer their question and sent it back and that was the last time I heard anything but I filed chapter 7 and the surgical hospital was in it and was discharged. I tried selling my house and... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 16, 2023

Not surprisingly, your question is missing some important facts.

General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.

A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13,...
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1 Answer | Asked in Bankruptcy for Oklahoma on
Q: Can exemptions for cars be stacked towards one car in joint bankruptcy?

Husband and wife both have cars they want to keep. One has equity worth more than the exemption (in Oklahoma) and the other is worth less than they owe so it has zero equity.

Timothy Denison
Timothy Denison
answered on Apr 1, 2023

Yes. Additionally, you can also use both your wildcard exemptions to the extent necessary to protect your equity.

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... View 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,... View 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...
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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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