Oklahoma Bankruptcy Questions & Answers

Q: Can I file bankruptcy on a Court Order/Judgement that says I am to pay ex's $10-$15K attorney fees if I lose in court?

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Oklahoma on
Answered on Nov 5, 2017
Pete David Louden's answer
Attorney fees may or may not be discharged, it depends on several factors. Much better move is hire an attorney so that you don't lose the case to start with and avoid this issue.

Q: We filed a chapter 13 bankruptcy less than 2 years ago. I am wanting to know if we can move it to a chapter 7

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Apr 7, 2017
Todd Laster's answer
If you have an attorney you should direct this question to them. If you do not have an attorney it is possible to convert a Chapter 13 case to a Chapter 7 case depending on a number of different factors. If you are in a Chapter 13 because your income was to high to be in a Chapter 7 and your income has decreased you may now be able to convert. There are a handful of documents that must be filed and amended when converting a case to a Chapter 7. Good luck.

Q: I make $51,000 a year. Can I still file chapter 7 since I am over the median income?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Aug 24, 2016
Todd Laster's answer
It is possible to qualify for a Chapter 7 even if you are above the median income. There is an additional portion of the Chapter 7 Means Test for debtors who are above median income that takes into consideration deductions for certain allowable living expenses, taxes, secured payments on certain debts and Court ordered payments like child support. You should meet with an experienced bankruptcy attorney who files both Chapter 7 and Chapter 13 consumer cases for a free initial consultation....

Q: My ex husband and I filed chapter 13 on our mortgage in 2007 and in 2008 got divorced.

1 Answer | Asked in Bankruptcy, Consumer Law and Family Law for Oklahoma on
Answered on Jun 9, 2016
Todd Laster's answer
If you surrendered the home in your prior bankruptcy, you may have a claim against the mortgage company violating the discharge. You should contact your previous bankruptcy attorney about this matter as you may have a claim against the mortgage company. If your prior Chapter 13 bankruptcy was dismissed instead of discharged and you are still on the mortgage the mortgage company can still collect against you even if your former spouse was awarded the home and debt in a divorce. If you former...

Q: Can bank seek money judgment against me?

2 Answers | Asked in Bankruptcy for Oklahoma on
Answered on Aug 10, 2015
Robert Jason De Groot's answer
Did you reaffirm the debt in the bankruptcy. Basically, the debt was discharged if you did not, and they cannot seek a judgment against you personally.

Q: Is there a way i can pull up everything that our lawyer has filed on for us in bankruptcy, here on the computer?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Feb 10, 2014
Andrew Bresalier's answer
A: Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

Q: My ex wife has filed bankruptcy (chapter 7) and my name is still her house note. will I need to file also?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Feb 10, 2014
Andrew Bresalier's answer
A: If she is granted a discharge, you will still be liable for the Note/Mortgage. Bankruptcy is an option; however Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you could lose personal property such as a car). Most attorneys provide a free initial...

Q: My mom cosigned on a medical credit card for me. If I file bankruptcy does she have to file bankruptcy also?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Feb 10, 2014
Andrew Bresalier's answer
A: There is no such thing as a mere cosigner. This does not create a secondary / less liable class for you. The loan is in both you names. Payment or no, Bky or No, they can come after her the same as you.

Q: If I filed bankruptcy in July 1997, which was discharged in December 1997 on my student loans, can they still collect?

2 Answers | Asked in Bankruptcy for Oklahoma on
Answered on Feb 10, 2014
Andrew Bresalier's answer
A: Student loans are not dischargeable and there is no Statute of Limitation on their pursuit. In rare events they can be forgiven for Total and Permanent Disability, which is well beyond the SS definition.

Q: When filing credit card bankruptcy, is your mortgage loan or car loan affected

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Feb 10, 2014
Andrew Bresalier's answer
A: When you file Bky everything is included. Everything you own and owe. You can keep things, such as a mortgaged property via a Reaffirmation Agreement, but still everything owned and owed is included.

Q: If my attorney will not call me back, how do I know if my Chapter 13 bankruptcy case is closed or not?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Dec 7, 2013
Howard Berkson's answer
You might try visiting your attorney's office or send a letter to be sure there is no accidental miscommunication. You can go on pacer.gov, make an account, and search for your case. The documents there should tell you the status of your case.

Q: If you pay an attorney for a Bankruptcy and three days later, change your mind, does he have to refund your money, espec

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Nov 22, 2013
Howard Berkson's answer
The attorney is entitled to pay for any work he performed and for any costs he accepted, such as fees for filing your bankruptcy. If he did a lot of work in three days, there may be nothing to refund. If the amount you paid is excessive for the amount of work performed, the attorney should refund the difference.

Q: How can i find out my case number my attorney is not available

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Nov 22, 2013
Howard Berkson's answer
You can go to pacer.gov, make an account, and search for your name.

Q: How do I obtain copies of bankruptcy in western district of oklahoma in 1997

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Oct 25, 2013
Howard Berkson's answer
The easiest way would be to use the PACER system at pacer.gov. It doesn't cost much and it is fairly easy to use. However, the records may not go back to 1997. You should call the clerk's office to find out how far back the records go. Every court is different. If the PACER records do not go back to 1997, then ask the clerk about options for getting the records either by mail or by showing up at the courthouse. Make sure you know how much it will cost and what forms of payment they will...

Q: I have assets of 400000 and debts of 700000 Can I use the 400000 of Assets in any way if I file bankruptcy?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Oct 25, 2013
Howard Berkson's answer
Some assets are exempt from bankruptcy. Whether you retain control over any non-exempt assets depends first on the type of bankruptcy you file. If you file for Chapter 7, you will not likely have any use of the non-exempt assets. If you file for Chapter 11 or 13, a lot depends on how you would use the assets. For example, if the assets are part of a business, you may be able to retain them in order to operate the business under a plan to pay off your debts. You will need to discuss your...

Q: I filed bankruptcy about 11 years ago, I have fallen on hard times again, am I allowed to file for a second time?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Oct 25, 2013
Howard Berkson's answer
Probably yes. However, the time you filed is not the key issue. To fully answer your question, an attorney would have to know the type of bankruptcy you had, when it was discharged, and the type of bankruptcy you would be seeking now.

Q: How can i find my case number online

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Nov 10, 2011
Andrew Bresalier's answer
Sign up for PACER. The service is free, as long as you use less than $10 per calendar quarter. You must know the specific District Court where the case was filed and use the service for that District.

Q: How can i research bankruptcy records for Oklahoma from 1978 through current date?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Mar 28, 2011
Mr. Jarod Morris' answer
Sorry I don't have a specific answer for you. If you call the Western District of Oklahoma Bankruptcy Court at 405.609.5700, they may be able to provide additional information. Sorry I couldn't provide more information. If I think of anything, I'll update my response.

Q: My husband & his ex-wife filed bankruptcy in 2002. It is not showing discharged. What is the best way to start to fix?

1 Answer | Asked in Bankruptcy for Oklahoma on
Answered on Mar 28, 2011
Mr. Jarod Morris' answer
Contact the attorney that filed the bankruptcy paperowrk. If you don't know who that is, your husband should have paperwork identifying the Bankruptcy Trustee. Contact the trustee and ask what, if anything, is holding the process up.

If you don't have anything, any attorney that handles bankruptcy matters should be able to look that information up for you on the bankruptcy court electronic filing website.

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.