Oklahoma Bankruptcy Questions & Answers

Q: can I be a tag agent if I have filed bankruptcy?

2 Answers | Asked in Bankruptcy, Business Law and Contracts for Oklahoma on
Answered on Apr 15, 2019
Kyle Persaud's answer
I don't see anything that says you can't.

To see the requirements for being a motor license agent, click on these two websites:

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Q: I have 2 cars in my name and I'm married. Can I keep both?

2 Answers | Asked in Bankruptcy for Oklahoma on
Answered on Feb 7, 2019
Timothy Denison's answer
Depends on the value of these vehicles and the equity therein.

Q: If i never received the notice for the 120 hearing from the public trustee can I file for dissmisal?

1 Answer | Asked in Bankruptcy and Foreclosure for Oklahoma on
Answered on Feb 2, 2019
Timothy Denison's answer
I’m not sure what you’re asking bc if you filed the petition, it was incumbent upon you to provide your correct address in the petition. You should not rely on a creditor to provide anything on your behalf.

Q: We filed chapter 11 bankruptcy in 2011 due to medical bills from surgery. How long before we can file again

2 Answers | Asked in Bankruptcy for Oklahoma on
Answered on Aug 17, 2018
Cristina M. Lipan's answer
I'm going to guess that you did not actually file chapter 11 (it is generally for businesses, and although individuals CAN file chapter 11, it is much more expensive and only necessary if you have a lot of assets). So, it depends on whether you file a chapter 7 or 13. The maximum time to wait would be 8 years from date of the first filing (not discharge).

Q: If I file bankruptcy can I keep the co-signer of my car unharmed (I’ll keep the car and make the payments)?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Jul 25, 2018
Timothy Denison's answer
Yes. You can by dong just as you described.

Q: Does filing a bankruptcy, chapter 13, protect us from an eviction judgment? In OKlahoma.

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Jun 26, 2018
Timothy Denison's answer
Only in the very short term. They can seek relief from the stay and proved with the eviction.

Q: Since my name is not on the mortgage do I list who's name is on the mortgage as the creditor?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Jun 22, 2018
Timothy Denison's answer
You still list whomever the mortgage is owed to.

Q: If my name is not on the mortgage for my house do I list it in schedule D?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Jun 22, 2018
Timothy Denison's answer
Yees. Schedule D.

Q: Homestead Exemption in Oklahoma, name is on deed to house but not mortgage and yes permeant home and meet requirements

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Jun 19, 2018
Timothy Denison's answer
It appears you do qualify for the homestead exemption under the facts you have set out above

Q: Oklahoma shows unlimited exemption for home so as long as I exempt my home should be ok correct.

2 Answers | Asked in Bankruptcy for Oklahoma on
Answered on Jun 13, 2018
Timothy Denison's answer
Theoretically yes. You should consult a local attorney to advise on the other aspects of filing bankruptcy, however.

Q: When listing my house in assets do I list what's owed or what house is worth on value?

2 Answers | Asked in Bankruptcy for Oklahoma on
Answered on Jun 13, 2018
Timothy Denison's answer
List the asset, the fair market value of the asset and the smount owed, if any. Complete info for each asset.

Q: If I list a home in my assets that I'm on the deed to but not the mortgage do I list the mortgage on the bankruptcy?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on May 14, 2018
Timothy Denison's answer
Yes. Under notices. You will need to give notice to the person whose name the mortgage is in.

Q: If my name on my deed to house but not the mortgage how is this listed in bankruptcy or effected

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on May 14, 2018
Timothy Denison's answer
If your name is on the deed, you must list it as an asset of the estate. The degree to which the house is affected will depend on the equity in the house and whether you should file a 7, 13, or at all.

Q: I filed chapter 7 bankruptcy and still have my car without reaffirmation?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Apr 26, 2018
Timothy Denison's answer
Contact him about the situation snd be patient. Many times it is best not to reaffirm in a particular situation. As long as you continue paying for the car, they will not repo it. Sounds like his strategy may be to get you a clear title to the vehicle, but check in with him and talk it out.

Q: Hello, i filled a chapter 13 bankruptcy in 2013. My husband at the time lost his job and we stopped paying the payments.

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Feb 8, 2018
Stuart Nachbar's answer
You could contact your attorney or you could look on Pacer which can be found at www.pacer.gov Good luck

Q: I have a truck that was in c-7 bankruptcy. The lender has not repoed it in 18 months. What can I do with truck

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Feb 6, 2018
Todd Laster's answer
1. You can call the creditor and ask them to come get the car.

2. If they refuse you can make them an offer to pay a lump sum of money in exchange for a lien release.

3. If all the above fails you may attempt a quit title lawsuit against the lien holder and seek a Court Order granting clear title to you.

Q: I'm nearly 3 years into chapter 13. My wife just had a kid but insurance didn't cover enough, I now have a $4K bill. ..

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Jan 31, 2018
Todd Laster's answer
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 bankruptcy if it was incurred after the case was filed. The creditor cannot force you make payments while you are in an active Ch. 13 where the automatic stay is in effect. You should contact your...

Q: A case was filed against me in U.S. District Court, Oklahoma Northern District, on July 5, 2017. Must I have a lawyer?

1 Answer | Asked in Bankruptcy, Consumer Law, Gov & Administrative Law and Insurance Bad Faith for Oklahoma on
Answered on Nov 30, 2017
Gary Johnston Dean's answer
Sorry I didn't see this sooner. YES, you should hire an attorney, if you haven't already. Representing yourself in Federal Court is much more difficult than in state courts, as I am sure you have learned by now.

Please visit my website, www.GaryJDean.com, and at the bottom of the homepage, "Subscribe" to receive occasional emails on Oklahoma Law, and changes. Thanks, Gary.

Q: Does a ex spouse filing Ch13 Bankruptcy make it more difficult for me to collect attorney fees IF I did win?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Nov 8, 2017
Todd Laster's answer
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 paying to all their unsecured creditors. The percentage to general unsecured creditors in a chapter 13 plan can be anywhere from 0% to 100% depending on the debtor's disposable income. If your...

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