Lawyers, Answer Questions  & Get Points Log In

Oklahoma Bankruptcy Questions & Answers

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 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 out... Read more »

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 answered on Jun 4, 2019

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

View More Answers

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 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 »

View More Answers

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 answered on Feb 7, 2019

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

View More Answers

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 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.

2 Answers | Asked in Bankruptcy for Oklahoma on

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

We were both in the hospital this year and my husband was off work 6 weeks without pay and we got so far behind on all our bills plus the hospital bills for both of us

Cristina M. Lipan answered on Aug 17, 2018

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... Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Oklahoma on

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

Timothy Denison answered on Jul 25, 2018

Yes. You can by dong just as you described.

1 Answer | Asked in Bankruptcy for Oklahoma on

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

Our landlord filed an eviction against us and last Friday was given the judgment. We were preparing our bankruptcy paperwork and some of the forms we have are 2 that have to do with evictions. It states that we are to give our landlord notice of our filing and we deposit with the court our back... Read more »

Timothy Denison answered on Jun 26, 2018

Only in the very short term. They can seek relief from the stay and proved with the eviction.

1 Answer | Asked in Bankruptcy for Oklahoma on

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

My name is on the deed to my house but not the mortgage so just making sure who to list as the creditor since none if it is on my credit report.

Timothy Denison answered on Jun 22, 2018

You still list whomever the mortgage is owed to.

1 Answer | Asked in Bankruptcy for Oklahoma on

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

My name is on the deed but not the mortgage I know I have to list it as a asset and also send notice to who name is on the mortgage just wasn't sure if I listed it under my debts since name is not on the mortgage.

Timothy Denison answered on Jun 22, 2018

Yees. Schedule D.

1 Answer | Asked in Bankruptcy for Oklahoma on

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

Mine and my mother and father in law name is on deed but only there name is on mortgage it is on less then 1 acre and less then amount shown for homestead and I have lived there longer then 3 years and 4 months. The payment comes out of my account for the mortgage to the bank as well.

Timothy Denison answered on Jun 19, 2018

It appears you do qualify for the homestead exemption under the facts you have set out above

2 Answers | Asked in Bankruptcy for Oklahoma on

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

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.

Timothy Denison answered on Jun 13, 2018

Theoretically yes. You should consult a local attorney to advise on the other aspects of filing bankruptcy, however.

View More Answers

2 Answers | Asked in Bankruptcy for Oklahoma on

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

Thinking about bankruptcy and looking at paper work was just curious of how they go off house when listed as assets/worth.

Timothy Denison answered on Jun 13, 2018

List the asset, the fair market value of the asset and the smount owed, if any. Complete info for each asset.

View More Answers

1 Answer | Asked in Bankruptcy for Oklahoma on

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?

Timothy Denison answered on May 14, 2018

Yes. Under notices. You will need to give notice to the person whose name the mortgage is in.

1 Answer | Asked in Bankruptcy for Oklahoma on

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

I'm thinking about filing chapter 7 but not sure how this will effect house or how it is listed in bankruptcy since my name is on the deed but not the mortgage.

Timothy Denison answered on May 14, 2018

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.

1 Answer | Asked in Bankruptcy for Oklahoma on

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

It was my bankruptcy lawyers advice not to reaffirm on my vehicle and to continue to make monthly payments until a clear title was sent by the company who has the lien on the vehicle. It has been 3 months over a year now and I have not heard anything about a need for reaffirmation or received a... Read more »

Timothy Denison answered on Apr 26, 2018

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.

1 Answer | Asked in Bankruptcy for Oklahoma on

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

How do i find out if the case was dismissed?

Stuart Nachbar answered on Feb 8, 2018

You could contact your attorney or you could look on Pacer which can be found at www.pacer.gov Good luck

1 Answer | Asked in Bankruptcy for Oklahoma on

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

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.

Todd Laster answered on Feb 6, 2018

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...
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.