James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 8, 2023

In Oklahoma, when you file for Chapter 7 bankruptcy, you're allowed to exempt up to $7,500 in equity in your motor vehicle. This exemption is per person, so if a married couple is filing jointly, each spouse can potentially exempt one vehicle up to the $7,500 limit.

Equity is... View More

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... View More

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... View More

Samuel Landis 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.

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

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

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,... View More

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

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

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

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.

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

What is your question?

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

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

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.

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... View More

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

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

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