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Oklahoma Bankruptcy Questions & Answers
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.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: I once got a loan with help of my mother. After paying back the loan i got another loan but was told i didnt need

A cosigner. I filed bankruptcy and now they have come after my mother saying she was the cosigner. She was not present even during the signing of the loan paperwork. The signature they have is from the initial loan. The worst part is they took the money from accounts she had opened for my 4 kids.... Read more »

Timothy Denison
Timothy Denison answered on Dec 14, 2019

Sue the lender for fraud.

1 Answer | Asked in Bankruptcy and Energy, Oil and Gas for Oklahoma on
Q: I have questions about filing bankruptcy on an ENERGY LLC ?

I need to know the best way to save my producing wells which is my only income from getting shut down by Oklahoma Corporation Commission because they are making me clean up a huge salt water mess. I have proof my leak could not have caused the amount of contamination that has been found. My leak... Read more »

Timothy Denison
Timothy Denison answered on Nov 10, 2019

You will have to file suit against them and present the proof in court

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: What forms do I file for an emergency bankruptcy?

I trying to stop the foreclosure sale of my home

Timothy Denison
Timothy Denison answered on Oct 31, 2019

Petition and the list of creditors.

2 Answers | Asked in Bankruptcy, Consumer Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can I vacate a default judgement due to lack of jurisdiction

Default judgment when I did not reside in state was never served but served by publication but did not reside in the state. Judgment never domesticated to my state. Wages garnished

Timothy Denison
Timothy Denison answered on Sep 30, 2019

You’d better hire a lawyer to handle both for you.

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1 Answer | Asked in Bankruptcy and Tax Law for Oklahoma on
Q: can they take your tax refund if it was put on a debit card from turbo tax and there is no statement or access to it?

there has been judgement against me and have a asset hearing coming up and worried i own nothing and unemployed,have house but paying on it

Timothy Denison
Timothy Denison answered on Sep 19, 2019

Yes, they can take your tax refund.

3 Answers | Asked in Bankruptcy for Oklahoma on
Q: Can i include student loans on my bankruptcy?
Stuart Nachbar
Stuart Nachbar answered on Aug 30, 2019

Unless, it is a completely private student loan, which most aren't, you can include it but you will not be discharged of them

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2 Answers | Asked in Bankruptcy for Oklahoma on
Q: How much does it cost to file for bankruptcy?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 1, 2019

Call a BR lawyer and ask.

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1 Answer | Asked in Bankruptcy, Divorce and Child Custody for Oklahoma on
Q: Can I keep my children away from the grandfather
Timothy Denison
Timothy Denison answered on Jul 20, 2019

Many more facts are necessary to properly answer this question but the short answer is probably, yes.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: My landlord got a judgment of possession after I filed Chapter 7. Can he proceed with having me removed from the apt?

This is in Oklahoma

Timothy Denison
Timothy Denison answered on Jul 7, 2019

No. Not until the bankruptcy court terminated the stay.

1 Answer | Asked in Bankruptcy for Oklahoma on
Q: If you paid your Attorney in full but couldn't file due to having an open guardianship case, is there a time limit?

Do you have to file within 6 months before you lose your money and cant file?

Timothy Denison
Timothy Denison answered on Jun 22, 2019

No. You can file anytime.

1 Answer | Asked in Bankruptcy, Contracts, Foreclosure and Real Estate Law for Oklahoma on
Q: I file Chapter 13 on Sept 2010 and discharged on Aug 2015. Bank is just now suing for past notes and foreclosure

I didn't know the property statue until I purchase my current property in Dec 2016. It was up for tax sale and the bank bail it out (May 2018) I try to sell it and the bank quoted $170,000 over the original loan of $125,000. So I went out in July 2018, fixed up the property and now rented it... Read more »

Timothy Denison
Timothy Denison answered on Jun 6, 2019

You have a mess. You need to contact a bankruptcy attorney who can assess your financial situation and determine what I Teresa, if any, you have in the property.

2 Answers | Asked in Bankruptcy for Oklahoma on
Q: Can I be garnished from a creditor listed on my bankruptcy 2 years after my bankruptcy discharge?
Timothy Denison
Timothy Denison answered on Jun 4, 2019

Not if the creditor was listed and the discharge was granted.

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2 Answers | Asked in Bankruptcy, Business Law and Contracts for Oklahoma on
Q: can I be a tag agent if I have filed bankruptcy?
Kyle Persaud
Kyle Persaud answered on Apr 15, 2019

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:...
Read more »

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2 Answers | Asked in Bankruptcy for Oklahoma on
Q: I have 2 cars in my name and I'm married. Can I keep both?

One of the vehicles is paid off the other is not as it is my wifes.

Timothy Denison
Timothy Denison answered on Feb 7, 2019

Depends on the value of these vehicles and the equity therein.

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1 Answer | Asked in Bankruptcy and Foreclosure for Oklahoma on
Q: If i never received the notice for the 120 hearing from the public trustee can I file for dissmisal?

The mortgage company didn't give them my address and all notices got returned to the courts.

Timothy Denison
Timothy Denison answered on Feb 2, 2019

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.

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